Pest Control Products Regulations (SOR/2006-124)

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

Prescribed Pest Control Products

Marginal note:Prescribing

 For the purpose of paragraph (c) of the definition pest control product in subsection 2(1) of the Act, the following are prescribed to be pest control products:

  • (a) a device that is manufactured, represented, distributed or used to directly or indirectly control, destroy, attract or repel a pest or to mitigate or prevent the injurious, noxious or troublesome effects of a pest; and

  • (b) a compound or substance that is not an ingredient of a pest control product described in paragraph (a) of that definition but is added to or used with such a product to enhance or modify its physical or chemical characteristics or to modify an effect on host organisms in connection with which the product is intended to be used.

Exemption of Certain Pest Control Products

Marginal note:Exemption from application of Act
  •  (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;

    • (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 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 that is used both 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 level of viruses, bacteria or other micro-organisms that cause mould, mildew or odour, or disease in humans or animals; and

    • (f) a pest control product, other than an organism, that is imported into Canada primarily for use by the importer in or around the home, if the quantity being imported is not more than 500 g or 500 mL and the value of the quantity imported is not more than $100.

  • 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.

  • SOR/2014-24, s. 2(F).

Exemption from Registration

Marginal note:Exemption — unregistered pest control products
  •  (1) Subject to subsection (2), a pest control product is exempt from the application of subsection 6(1) of the Act if it is

    • (a) an active ingredient that is used only in the manufacture of a registered pest control product that was registered on January 1, 1984, or was registered after January 1, 1984 and the application for its registration was received by the Minister on or before that date, and the active ingredient meets the relevant conditions of registration of the registered pest control product;

    • (b) a pest control product

      • (i) that is of a type described in Schedule 2 and that meets the applicable conditions set out in that Schedule, and

      • (ii) the active ingredient of which is registered under the Act;

    • (c) a pest control product that is manufactured only for export from Canada and that contains an active ingredient that is registered in Canada;

    • (d) a foreign product that is imported under a foreign product use certificate; or

    • (e) a pest control product that is imported for the purpose of conducting research in accordance with sections 46 to 70.

  • Marginal note:No exemption

    (2) A pest control product is not exempt from the application of subsection 6(1) of the Act if it is an active ingredient that is used in a pest control product of a type described in Schedule 2.

  • Marginal note:Use in manufacture only

    (3) A pest control product that is exempt from registration under paragraph (1)(a) may not be used for any purpose other than the manufacture of a registered pest control product.

  • Marginal note:No manufacture or distribution in Canada

    (4) A pest control product that is exempt from registration under paragraph (1)(d) may not be manufactured or distributed in Canada.

  • SOR/2014-24, s. 3.

Product Classes

Marginal note:Designation

 The following are the classes of pest control products:

  • (a) “DOMESTIC”, if the pest control product is to be distributed primarily to the general public for personal use in or around their homes;

  • (b) “COMMERCIAL”, if the pest control product is to be distributed for use in commercial activities that are specified on the label;

  • (c) “RESTRICTED”, if the pest control product is one for which the Minister, out of concern for its health or environmental risks, has set out additional information to be shown on the label concerning essential conditions respecting the display, distribution or limitations on use of, or qualifications of persons who may use, the product; and

  • (d) “MANUFACTURING”, if the pest control product is to be used only in the manufacture of a pest control product or a product regulated under the Feeds Act or the Fertilizers Act.

Application for Registration

Marginal note:Contents
  •  (1) An application to register or amend the registration of a pest control product must include all of the following information:

    • (a) the applicant’s name, address and signature or, if the application is made by a representative of the applicant, both the representative’s and applicant’s name and address and the representative’s signature;

    • (b) the name and address of the place of manufacture of the pest control product;

    • (c) the product name referred to in paragraph 26(1)(a);

    • (d) the product type referred to in paragraph 26(1)(b);

    • (e) the product’s physical form referred to in paragraph 26(1)(c);

    • (f) the registration number referred to in paragraph 26(1)(i), if there is one;

    • (g) in the case of

      • (i) a chemical pest control product that is an active ingredient, its chemical name, common chemical name and CAS registry number, its percentage of the total weight of the product in which it is contained, the name of each contaminant and other impurity that it contains, and the percentage of total weight of each contaminant and impurity,

      • (ii) a chemical pest control product other than an active ingredient, the chemical name, common chemical name and CAS registry number of each active ingredient in the product, each active ingredient’s percentage of the total weight of the product, and the registration number of each active ingredient or other pest control product used to manufacture the product, and

      • (iii) any other pest control product, any characteristics that are relevant to its health or environmental risks or value;

    • (h) in the case of a pest control product that contains one or more formulants, the name of each formulant, its CAS registry number, if there is one, the name and address of the supplier of each formulant, each formulant’s percentage of the total weight of the product, and the purpose of each formulant in the product;

    • (i) the size, type and specifications of the package in which the pest control product is to be distributed; and

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

  • Marginal note:Electronic copy of label

    (2) The applicant must include an electronic copy of the proposed label with every application to register a pest control product and with any application to amend the registration of a pest control product that would result in a change to the label.

  • Marginal note:Certification

    (3) The applicant must include with every application to register or amend the registration of a pest control product a statement signed by the applicant certifying that the information in the application is accurate and complete.

  • SOR/2014-24, s. 4;
  • SOR/2016-61, s. 1(F).
 
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