Fertilizers Regulations (C.R.C., c. 666)

Exemptions from Registration

• 3.1 (1) The following fertilizers are exempt from registration if they do not contain seeds or growing media:

  • (a) a fertilizer (in this paragraph referred to as the “product”), unless it contains any of the following:

    • (i) a substance produced by or derived from a living organism,

    • (ii) a pesticide,

    • (iii) a supplement that is not registered and is not set out in the List of Materials,

    • (iv) a registered supplement, if its directions for use are not consistent with those of the product,

    • (v) a micronutrient fertilizer that is not registered, and

    • (vi) a registered micronutrient fertilizer, if its directions for use are not consistent with those of the product;

  • (b) a fertilizer that is set out in the List of Materials;

  • (c) a customer formula fertilizer; and

  • (d) a fertilizer whose active ingredients consist solely of a mixture of fertilizers or fertilizers and supplements, if those fertilizers and supplements are exempt from registration or are registered for the proposed use of the mixture.

• (2) The following supplements are exempt from registration if they do not contain seeds or growing media:

  • (a) a supplement set out in the List of Materials; and

  • (b) a supplement whose active ingredients consist solely of a mixture of supplements, if

    • (i) each supplement in the mixture is exempt from registration or is registered for the proposed use of the mixture, and

    • (ii) in the case of a mixture containing one or more viable microorganisms as active ingredients, the mixture is not further cultured or manipulated.

• (3) Seeds that are treated with fertilizers, supplements or both are exempt from registration if each of those fertilizers and supplements

  • (a) is exempt from registration; or

  • (b) is registered for use with those seeds.

• (4) A growing medium that contains fertilizers, supplements or both is exempt from registration if each of those fertilizers and supplements

  • (a) is exempt from registration; or

  • (b) is registered for use in growing media and its directions for use are consistent with those of the growing media.

Registration

4 [Repealed, SOR/79-365, s. 4]

• 5 (1) In this section, application means an application for registration of a fertilizer or supplement and applicant means a person who makes an application.

• (2) Every application shall be made to the President of the Agency.

• (3) Every application shall be accompanied by the following information with respect to the fertilizer or supplement to which the application relates:
  

  • (a) the text that is to be included on the label of the fertilizer or supplement in the marketplace; and

  • (b) any other information that is sufficient to determine whether it is a fertilizer or a supplement and its composition and its safety.

• (4) Every application in respect of a fertilizer-pesticide or supplement-pesticide shall be accompanied by

  • (a) information establishing that the fertilizer-pesticide or supplement-pesticide complies with the provisions of the Pest Control Products Act and its regulations with respect to human, animal or plant health or the environment; and

  • (b) any decision the Minister of Health has issued under the Pest Control Products Act with respect to any components of the fertilizer-pesticide or supplement-pesticide that are pesticides.

• (5) Every application in respect of a fertilizer or supplement shall contain a guaranteed analysis of the fertilizer or supplement as prescribed in section 15.

• (5.1) and (5.2) [Repealed, SOR/2004-80, s. 11]

• (6) An applicant who is not resident in Canada shall

  • (a) provide the name and address of an agent or mandatary who resides in Canada to whom any notice or correspondence under the Act may be sent; and

  • (b) inform the President of the Agency if there is a change of address or if the agent or mandatary ceases to represent the applicant.

• (6.1) An application for the registration of a fertilizer or supplement shall be refused if there are reasonable grounds to believe that the fertilizer or supplement does not conform to the requirements of the Health of Animals Act, or any regulations made under that Act, respecting products of a rendering plant, animal by-products, animal food, animal products or manure.

• (7) An application in respect of a fertilizer-pesticide or supplement-pesticide shall be refused if there are reasonable grounds to believe that the fertilizer-pesticide or supplement-pesticide is or contains a pesticide that does not comply with the provisions of the Pest Control Products Act or its regulations with respect to human, animal or plant health or the environment.

• (8) The fertilizer or supplement shall be registered and a registration number shall be assigned to it if the President of the Agency’s evaluation of the application in respect of that fertilizer or supplement and of all information that is provided by the applicant or that is publicly available indicates that

  • (a) the application is in respect of a fertilizer or supplement that is not exempt from registration;

  • (b) the fertilizer or supplement does not present a risk of harm to human, animal or plant health or the environment, except pests, if it is used as specified in its directions for use or in an amount that is not in excess of the amount that is necessary to achieve its intended purposes; and

  • (c) the label with which the fertilizer or supplement is intended to be labelled in the marketplace meets the requirements set out in sections 16 to 21.

• (9) Every registration of a fertilizer or supplement expires at the end of the 60-month period that begins on the day on which a registration number is assigned to the fertilizer or supplement.

6 A fertilizer or supplement that is not required to be registered shall not be registered.

7 A person shall not change the label, chemical composition or ingredients of a registered fertilizer or supplement if the change can reasonably be expected to affect its performance as a fertilizer or supplement, as the case may be, its safety or its use, unless the registration is amended accordingly.

• 8 (1) Subject to subsection (4), the President of the Agency may cancel the registration of any fertilizer or supplement if he or she believes on reasonable grounds that, with respect to that fertilizer or supplement, any of the following are contravened:

  • (a) any of the provisions of the Act or these Regulations;

  • (b) any of the provisions of the Health of Animals Act or of regulations made under that Act that refer to products of a rendering plant, animal by-products, animal food, animal products or manure; or

  • (c) any of the provisions of the Pest Control Products Act or of regulations made under that Act with respect to human, animal or plant health or the environment.

• (2) In deciding whether to cancel a registration in accordance with subsection (1), the President of the Agency shall take information related to the following factors into account:

  • (a) whether cancellation of the registration is necessary in order to mitigate risk of harm to human, animal or plant health or the environment;

  • (b) whether the cancellation is unnecessary because the contravention has been corrected or is expected to be corrected in a timely way without risk of harm to human, animal or plant health or the environment; and

  • (c) whether there is a history of contravention of the provisions referred to in paragraphs (1)(a) to (c) in respect of the fertilizer or supplement.

• (3) If the President of the Agency intends to cancel a registration, he or she shall forward to the registrant by registered mail a notice indicating that the registration is to be cancelled, along with the reasons for the proposed cancellation unless, within 30 days after the day on which the notice was mailed, the registrant notifies the President that they wish to have an opportunity to be heard in respect of the proposed cancellation.

• (4) If the registrant notifies the President of the Agency that they wish to have an opportunity to be heard, the President shall notify the registrant by registered mail of the date and time of a hearing to determine whether the registration shall be cancelled and any details required to allow the registrant to participate. The hearing shall be held within 30 days after the day on which the President receives notice that the registrant wishes to have an opportunity to be heard.

• (5) If a registrant fails to notify the President of the Agency that they wish to have an opportunity to be heard or fails to satisfy the President that the registration should not be cancelled, the President may cancel that registration.

Standards

9 For the purpose of paragraph 3(b) of the Act,

• (a) a fertilizer or supplement shall not contain

  • (i) any substance or mixture of substances that, if the fertilizer or supplement is used as specified in its directions for use or in an amount that is not in excess of the amount that is necessary to achieve its intended purposes, would leave in the tissues of a plant a residue of a poisonous or harmful substance,

  • (ii) except in accordance with a permit issued under section 160 of the Health of Animals Regulations for the purpose of section 6.4 of those Regulations, proteins derived from specified risk material, in any form, that was removed from the carcasses of cattle or that is contained in the carcasses of cattle that died or were condemned before they otherwise would have been slaughtered for human consumption as food, or

  • (iii) major plant nutrients, secondary nutrients or micronutrients that are present at toxic levels if the fertilizer or supplement is used as specified in its directions for use or in an amount not in excess of the amount that is necessary to achieve its intended purposes;

• (b) a fertilizer-pesticide or supplement-pesticide shall not be nor contain a pesticide that does not comply with the requirements of the Pest Control Products Act in respect of the approved use and the application rate for that pesticide;

• (c) a fertilizer or supplement that is represented to be a fertilizer or supplement whose term is set out in the List of Materials shall meet the definition in that List that corresponds to that term; and

• (d) a fertilizer or supplement that is represented to contain a fertilizer or supplement whose term is set out in the List of Materials shall contain an ingredient that meets the definition in that List that corresponds to that term.

10 [Repealed, SOR/2013-79, s. 2]

10.1 [Repealed, SOR/93-155, s. 1]

10.2 [Repealed, SOR/2020-232, s. 8]