Pest Control Products Regulations (SOR/2006-124)

Regulations are current to 2017-11-20 and last amended on 2017-09-21. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2014, c. 20, s. 366(3)

    • Replacement of “trade-mark” in regulations
      • 366 (3) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks”, are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any regulation, as defined in subsection 2(1) of the Statutory Instruments Act.

  • — SOR/2017-91, s. 1

    • 1 The definition conditional registration in subsection 1(1) of the Pest Control Products RegulationsFootnote 1 is repealed.

  • — SOR/2017-91, s. 2

    • 2 Paragraph 6(1)(j) of the Regulations is replaced by the following:

      • (j) the statement described in paragraph 26(1)(h).

  • — SOR/2017-91, s. 3

    • 3 Section 13 of the Regulations is replaced by the following:

      • Maximum validity period

        13 The validity period of a registration of a pest control product must end no later than December 31 in the fifth year after the year in which the product is registered.

  • — SOR/2017-91, s. 4

    • 4 The heading before section 14 and sections 14 and 15 of the Regulations are repealed.

  • — SOR/2017-91, s. 5

    • 5 Section 16 of the Regulations is replaced by the following:

      • Five-year periods
        • 16 (1) The registration of a pest control product may be renewed, on application by the registrant to the Minister, for additional periods of not more than five years each.

        • Renewal applications

          (2) An application to renew the registration of a pest control product must be accompanied by the following:

          • (a) the information required by subsection 6(1);

          • (b) the statement required by subsection 6(3);

          • (c) the information required by section 8; and

          • (d) in the case of a registration certificate that was issued in the circumstances described in sections 17.7 to 17.94, a copy of the valid letter of access, as defined in section 17.1.

        • Request — labels

          (3) The registrant must, if requested by the Minister, provide the Minister with an electronic copy of the approved label and two hard copies of the marketplace label.

  • — SOR/2017-91, s. 6

    • 6 Subsection 17.91(4) of the Regulations is replaced by the following:

      • Arbitral award

        (4) An arbitral award must be made within 120 days after delivery of the notice, unless

        • (a) the parties agree to an extension of that period; or

        • (b) the arbitrator provides written notice to the parties, before the end of that period, that the period has been extended.

  • — SOR/2017-91, s. 7

      • (1) The portion of paragraph 26(1)(h) of the Regulations before subparagraph (ii) is replaced by the following:

        • (h) a statement, as follows:

          • (i) the words “ACTIVE INGREDIENT”, followed by a colon,

      • (2) Paragraph 26(2)(g) of the Regulations is replaced by the following:

        • (g) the following notice to users: “NOTICE TO USER: This pest control product is to be used only in accordance with the directions on the label. It is an offence under the Pest Control Products Act to use this product in a way that is inconsistent with the directions on the label.”

  • — SOR/2017-91, s. 8

      • (1) Paragraph 42(1)(b) of the French version of the Regulations is replaced by the following:

        • b) elle achète le produit directement d’une source étrangère sans l’intervention d’un mandataire;

      • (2) Subparagraph 42(1)(d)(i) of the Regulations is replaced by the following:

        • (i) affixes to each container of the foreign product, as soon as practicable after the importation of the product but in any case no later than upon its arrival either at the location of storage, or at the location of use specified in the foreign product use certificate, a copy of the approved foreign product use label in a way that the product identifier that relates to its registration outside Canada remains visible at all times, and

      • (3) The portion of subsection 42(3) of the Regulations before paragraph (a) is replaced by the following:

        • Transport

          (3) The person who transports the foreign product into Canada must carry it to either the location of storage, or the location of use specified in the foreign product use certificate, and have the following documents in their possession:

  • — SOR/2017-91, s. 9

    • 9 Section 73 of the Regulations and the heading before it are repealed.

  • — SOR/2017-91, s. 10

    • 10 The portion of item 1 before paragraph (b) of the table to section 6 of Schedule 2 to the Regulations is replaced by the following:

      • 1 The following statement:

        • (a) the words “ACTIVE INGREDIENT”, followed by a colon;

  • — SOR/2017-91, s. 11

      • 11 (1) In this section, former Regulations means the Pest Control Products Regulations as they read immediately before the day on which these Regulations come into force.

      • (2) The validity period of a conditional registration that is in effect before the coming into force of these Regulations continues to be in effect until the end of that period.

      • (3) The validity period of a conditional registration that continues to be in effect after the coming into force of these Regulations may be extended under subsection 14(6) or (7) of the former Regulations.

  • — SOR/2017-91, s. 12

    • 12 The requirements in these Regulations respecting the information that must be shown on the label of a pest control product do not apply until the day on which the first of the following occurs:

      • (a) the registration of the pest control product, if it occurs on or after the day on which these Regulations come into force,

      • (b) the reprinting of the label,

      • (c) the modification of the information on the label, or

      • (d) the manufacture of the pest control product, if it occurs on or after the tenth anniversary of the day on which these Regulations come into force.

  • — SOR/2017-220, s. 1

    • 1 Paragraph 3(1)(f) of the Pest Control Products RegulationsFootnote 1 is replaced by the following:

      • (f) a pest control product, other than an organism or a device of a type described in Schedule 1, that is imported into Canada by a user for their personal use, that is in their personal 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.

  • — SOR/2017-220, s. 2

    • 2 Schedule 1 to the Regulations is amended by replacing the references after the heading “SCHEDULE 1” with the following:

      (Paragraphs 3(1)(a) and (f) and section 30)

Date modified: