Pest Control Products Regulations (SOR/2006-124)

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

Research Notification

Marginal note:Exemption

 A research establishment is exempt from the application of subsection 6(1) of the Act and section 48 if the Minister confirms under section 54 that the proposed research meets all of the criteria set out in section 53.

Marginal note:Notice and contents

 A research establishment that wishes to obtain confirmation under section 54 must notify the Minister by providing the information specified in subsections 6(1) and (3) in addition to both of the following:

  • (a) an electronic copy of the proposed experimental label; and

  • (b) a copy of the research plan.

Marginal note:Criteria

 The following are the criteria referred to in section 51:

  • (a) the research does not involve the use of a semiochemical;

  • (b) in the case of research that involves the use of a chemical pest control product,

    • (i) it does not involve the use of an antimicrobial agent,

    • (ii) it does not involve aerial application,

    • (iii) it does not involve the application of a pest control product to water or to a place where runoff water may remove residues from the research site,

    • (iv) it does not involve the use of a pest control product in any of the following areas:

      • (A) greenhouses,

      • (B) residential areas, including lawns, gardens and parks,

      • (C) industrial premises, and

      • (D) food-handling areas,

    • (v) it does not involve the use of a pest control product for either

      • (A) structural pest control, or

      • (B) fumigation,

    • (vi) it does not involve the use of a pest control product that contains a formulant that is on Part I of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

    • (vii) in the case of a pest control product that contains an unregistered active ingredient, the application of the product is carried out only by a researcher

      • (A) on 5 to 50 ha of land owned or operated by a research establishment, or

      • (B) on 1 to 5 ha of land owned or operated by a cooperator, and

    • (viii) in the case of a pest control product that contains a registered active ingredient,

      • (A) the application of the pest control product is carried out by a researcher or cooperator on 10 to 50 ha of land owned or operated by a research establishment or a cooperator, and

      • (B) there is a reasonable expectation that the research will not increase occupational exposure above the level that is expected when the pest control product is used in accordance with its conditions of registration; and

  • (c) in the case of research that involves the use of a microbial agent,

    • (i) it does not involve aerial application,

    • (ii) it does not involve the use of a pest control product that contains a formulant that is on Part 1 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

    • (iii) the micro-organism is indigenous to the area where it is intended to be used, and

    • (iv) the application of the pest control product is carried out on a maximum of 10 ha of land owned or operated by a research establishment or, in the case of an aquatic application, on a body of water that has a maximum of 1 ha of surface area and that is wholly contained on land owned or operated by a research establishment.

  • SOR/2014-24, s. 21(E).
Marginal note:Issuance of research notification certificate

 If the Minister confirms that the proposed research meets the criteria set out in section 53 and the proposed experimental label meets the requirements of section 60, the Minister must issue a research notification certificate to the research establishment.

Exemptions and Conditions

Marginal note:Exemption — research solely in laboratory
  •  (1) A research establishment is exempt from the application of subsection 6(1) of the Act and sections 48, 52 and 59 to 63 if the research is conducted solely in a laboratory.

  • Marginal note:Exemption and criteria — research not solely in laboratory

    (2) A research establishment is exempt from the application of subsection 6(1) of the Act and sections 48 and 52 if all or part of the research is conducted outside a laboratory and meets all of the following criteria:

    • (a) it does not involve the use of a microbial agent;

    • (b) in the case of research that involves the use of a chemical pest control product,

      • (i) it does not involve the use of an antimicrobial agent,

      • (ii) it does not involve aerial application,

      • (iii) it does not involve the application of a pest control product to water or to a place where runoff water may remove residues from the research site,

      • (iv) it does not involve the use of a pest control product in any of the following areas:

        • (A) greenhouses,

        • (B) residential areas, including lawns, gardens and parks,

        • (C) industrial premises, and

        • (D) food-handling areas,

      • (v) it does not involve the use of a pest control product for either

        • (A) structural pest control, or

        • (B) fumigation,

      • (vi) it does not involve the use of a pest control product that contains a formulant that is on Part 1 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

      • (vii) in the case of a pest control product that contains an unregistered active ingredient, the application of the product is carried out only by a researcher

        • (A) on a maximum of 5 ha of land owned or operated by a research establishment, or

        • (B) in the case of land owned or operated by a cooperator, on a maximum of 1 ha or 5% of the total area of the crop under research, whichever is less, and

      • (viii) in the case of a pest control product that contains a registered active ingredient,

        • (A) the application of the product is carried out by a researcher or cooperator on a maximum of 10 ha of land owned or operated by a research establishment or a cooperator, or on a maximum of 20% of the total area of the crop under research, whichever is less, and

        • (B) there is a reasonable expectation that the research will not increase occupational exposure above the level that is expected when the pest control product is used in accordance with its conditions of registration; and

    • (c) in the case of research that involves the use of a semiochemical,

      • (i) it does not involve aerial application,

      • (ii) it does not involve the application of a pest control product to water,

      • (iii) it does not involve the use of a pest control product in any of the following areas:

        • (A) greenhouses,

        • (B) residential areas, including lawns, gardens and parks,

        • (C) industrial premises, and

        • (D) food-handling areas,

      • (iv) it does not involve the use of a pest control product for either

        • (A) structural pest control, or

        • (B) fumigation,

      • (v) it does not involve the use of a pest control product that contains a formulant that is on Part 1 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

      • (vi) in the case of a pest control product that contains an unregistered active ingredient, other than an arthropod pheromone, the application of the product is carried out only by a researcher on a maximum of 5 ha of land owned or operated by a research establishment,

      • (vii) in the case of a pest control product that contains a registered active ingredient, other than an arthropod pheromone, the application of the product is carried out by a researcher or cooperator on a maximum of 10 ha of land owned or operated by a research establishment or cooperator, and

      • (viii) in the case of a pest control product that contains an active ingredient that is an arthropod pheromone,

        • (A) the application of the product is carried out on a maximum of 100 ha of land owned or operated by a research establishment or cooperator and the maximum use rate does not exceed 375 g of active ingredient per hectare per year, and

        • (B) if used in a food or feed crop, the pheromone is contained in an affixed solid matrix dispenser or in a retrievable-sized polymeric matrix dispenser, and the dispenser is not in direct contact with the crop.

  • SOR/2014-24, s. 22(E).
 
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