Pest Control Products Regulations

Marginal note:Exemption from application of Act

• 3 (1) The following pest control products are exempt from the application of the Act:

  • (a) a pest control product that is a device of a type not described in Schedule 1;

  • (a.1) despite paragraph (a), an ultraviolet radiation-emitting device or ozone-generating device that is a device as defined in section 2 of the Food and Drugs Act and classified as a Class II, III or IV medical device under the Medical Devices Regulations;

  • (b) a pest control product that is subject to the Food and Drugs Act and that is used only

    • (i) to control arthropods on or in humans or animals, if the pest control product is to be administered directly and not by topical application, or

    • (ii) during the cooking or processing of food for humans to preserve the food;

  • (c) a pest control product that is used to control viruses, bacteria or other micro-organisms in premises in which food is manufactured, prepared or kept for sale;

  • (d) a pest control product — other than an ultraviolet radiation-emitting device or ozone-generating device — that is used to destroy or inactivate viruses, bacteria or other micro-organisms in order to treat, mitigate or prevent disease in humans or animals, except in respect of its use in a swimming pool or spa;

  • (e) except in respect of its uses as a preservative for wood or other material, as a slimicide or in a swimming pool or spa, a pest control product — other than an ultraviolet radiation-emitting device or ozone-generating device — that is used to

    • (i) destroy or inactivate viruses, bacteria or other micro-organisms in order to treat, mitigate or prevent disease in humans or animals, and

    • (ii) reduce the population levels of viruses, bacteria or other micro-organisms that cause mould, mildew or odour, or disease in humans or animals;

  • (f) a pest control product — other than an organism, a device of a type described in Schedule 1 or a treated article — that is imported by a user for their personal use, that is in their possession at the time of the importation and that meets the following conditions:

    • (i) the total quantity of the product does not exceed 500 g or 500 mL,

    • (ii) by virtue of its active ingredient and concentration, the product would have the product class designation “DOMESTIC” if it were registered in Canada,

    • (iii) the product is registered or otherwise authorized in the country of origin as a product equivalent to a pest control product,

    • (iv) the product is in its original package with the original label intact,

    • (v) the information on the package and label is in either English or French, is clear and legible, allows for the determination of the active ingredient, concentration and quantity of the product and includes the registration or authorization number assigned by the regulatory body in the country of origin;

  • (g) a pest control product that is a treated article into which the only pest control product that is incorporated or to which the product is applied is an antimicrobial preservative, if

    • (i) the product is imported by a user for their personal use,

    • (ii) the product is in their possession at the time of the importation,

    • (iii) the product is in its original package with the original label intact, and

    • (iv) the information on the package and label is in English or French and is clear and legible; and

  • (h) a pest control product that is

    • (i) an antimicrobial preservative when it is used in the manufacture of a treated article that is

      • (A) a feed that is regulated under the Feeds Act,

      • (B) a fertilizer or supplement that is regulated under the Fertilizers Act,

      • (C) a drug or cosmetic that is regulated under the Food and Drugs Act, or

      • (D) a medical device that is a device as defined in section 2 of the Food and Drugs Act and classified as a Class II, III or IV medical device under the Medical Devices Regulations, or

    • (ii) a treated article that is described in any of clauses (i)(A) to (D) into which the only pest control product that is incorporated or to which the product is applied is an antimicrobial preservative.

• Marginal note:Exemption for named uses only

  (2) A pest control product that is exempt under paragraph (1)(c), (d) or (e) is exempt only in respect of any use described in that paragraph.