Pest Control Products Regulations

Marginal note:Exclusive use period

• 17.5 (1) The registrant of a new active ingredient has the exclusive use of the following test data for 10 years after the date of registration:

  • (a) test data that was provided in support of the initial application to register the active ingredient;

  • (b) test data that was provided in support of a concurrent application to register a pest control product that contains that active ingredient; and

  • (c) test data that was included in any additional information that was reported to the Minister under section 12 of the Act in relation to those applications.

• Marginal note:Exclusive use — compounds and substances

  (2) The registrant of a new pest control product described in paragraph 2(b) has the exclusive use of the test data submitted in support of the initial application to register it, for 10 years after the date of registration, if the product has never been an ingredient in a registered pest control product.

• Marginal note:Extension — minor uses

  (3) The Minister must extend the exclusive use period in all of the following circumstances:

  • (a) the registrant

    • (i) includes minor uses in an application to register a pest control product referred to in paragraph (1)(b), or

    • (ii) on or after August 1, 2007 but in any case within seven years after the date of registration of a pest control product referred to in paragraph (1)(b), either makes an application to amend that registration to add minor uses or makes an application, that includes minor uses, to register a new pest control product that contains the same active ingredient;

  • (b) the registrant requests an extension of the period, within eight years after the date of registration; and

  • (c) the Minister determines that the proposed minor uses are minor uses, as defined in section 17.1, and approves their addition to the registration.

• Marginal note:Calculation of extension

  (4) The following rules apply when calculating an extension:

  • (a) the exclusive use period is extended at the rate of one year for each three minor uses that are added to the registration, to a maximum total period of 15 years; and

  • (b) the maximum number of minor uses in respect of a crop group is the number of representative crops in the crop group.

• Marginal note:When minor use withdrawn or removed

  (5) A one-year extension is cancelled if the registrant withdraws a minor use from their registration, or the Minister amends the registration and removes a minor use, such that the remaining number of minor uses is insufficient to support the extension.