Pest Control Products Regulations (SOR/2006-124)

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

 [Repealed, SOR/2014-24, s. 5]

Marginal note:Additional information required

 In addition to the information required by section 6, the applicant must provide the Minister with any other information that the Minister may require to evaluate the health and environmental risks and the value of the pest control product, including, if relevant to the product and its conditions or proposed conditions of registration, the results of scientific investigations respecting any of the following:

  • (a) the efficacy of the pest control product for its intended purpose;

  • (b) the risks posed by the pest control product and its derivatives to humans or animals that may be exposed to it, including when it is manufactured, handled, stored, transported or distributed or during or after its use or disposal, in accordance with its conditions or proposed conditions of registration;

  • (c) the effect of the pest control product and its derivatives on host organisms in connection with which it is intended to be used;

  • (d) the effect of the pest control product and its derivatives on representative species of organisms not targeted by its intended use;

  • (e) the degree of persistence, retention and movement of the pest control product and its derivatives in the environment, including the degree to which the pest control product and its derivatives may leach or dislodge from things treated with the product;

  • (f) methods of analysis for detecting the components and measuring the characteristics of the pest control product;

  • (g) methods of analysis for detecting and determining the amount of the pest control product and its derivatives in human food, animal feed and the environment when the product is used in accordance with its conditions or proposed conditions of registration;

  • (h) appropriate methods for detoxifying or neutralizing the pest control product in water, air or soil, or on any surface;

  • (i) appropriate methods for disposing of the pest control product and its empty packages;

  • (j) the stability of the pest control product under normal conditions of storage and display;

  • (k) the compatibility of the pest control product with other pest control products with which it is recommended to be, or is likely to be, mixed;

  • (l) the effect of mixing the pest control product or using it simultaneously with other pest control products on its value and the health and environmental risks associated with its use;

  • (m) the chemical and physical properties, or the species or strain and biological properties, of the pest control product, its composition, and specifications and processes for its manufacture, including quality control processes;

  • (n) the fate of the pest control product in humans or animals exposed to it, including the identity and quantity of all the major metabolites and other derivatives that result from its use;

  • (o) the residues of the pest control product and its derivatives that may remain in or on human food or animal feed after its use in accordance with its conditions or proposed conditions of registration;

  • (p) the risks posed to humans or animals exposed to the pest control product or its derivatives through their diet or drinking water when the product is used in accordance with its conditions or proposed conditions of registration;

  • (q) the effect of storing and processing, including post-market processing, human food or animal feed in relation to which the pest control product was used on the dissipation or degradation of the pest control product and any of its derivatives;

  • (r) the proposed maximum residue limits for the pest control product and its derivatives in or on human food; and

  • (s) the fate of the pest control product and its derivatives in subsequent crops of human food or animal feed.

  • SOR/2014-24, s. 6.
Marginal note:Additional information — affidavit and contents
  •  (1) When, in the context of an application for registration or to amend a registration, the Minister considers additional information under paragraph 7(6)(b) of the Act that is not publicly available, the applicant must be given access to that information by the Minister for the purpose of making representations under that paragraph with respect to the information, if the applicant submits to the Minister an affidavit made under oath or a statutory declaration under the Canada Evidence Act made before a commissioner for oaths or for taking affidavits that

    • (a) identifies the information to which access is being requested;

    • (b) acknowledges that the access is given only for the purpose of enabling the applicant to make representations to the Minister with respect to the information;

    • (c) states that the applicant will not use the information or make it available to any person for any other purpose; and

    • (d) states that the information and any copies of it will be returned to the Minister when the stated purpose has been achieved.

  • Marginal note:Copying or other use

    (2) The applicant to whom access to additional information is given under subsection (1) must not use the information or provide it to any person for any purpose other than to make representations under paragraph 7(6)(b) of the Act with respect to the information.

  • Marginal note:Return of information

    (3) Additional information to which access is given under subsection (1) and any copies of it must be returned to the Minister by the applicant immediately after they have made their representations with respect to the information.

  • SOR/2014-24, s. 7.
Marginal note:Reference in Register

 For the purpose of subsection 42(4) of the Act, evaluation reports that are placed in the Register under paragraph 42(2)(f) of the Act must include a reference to information placed in the Register under paragraph 42(2)(e) of the Act.

Marginal note:Samples on request

 On application to register or amend the registration of a pest control product, the applicant must, if requested by the Minister, provide the Minister with a sample of

  • (a) the pest control product;

  • (b) the technical grade of its active ingredient; and

  • (c) the laboratory standard of its active ingredient.

Marginal note:Registration certificate

 When a pest control product is registered or a registration is amended under section 8 of the Act, the Minister must issue a registration certificate that bears the registration number of the pest control product and sets out any conditions of registration specified by the Minister.

Validity Period

Marginal note:Maximum validity period

 Subject to subsections 14(6) and (7), the validity period with respect to a pest control product must end no later than December 31 in the fifth year after the year in which the product is registered.

Conditional Registration

Marginal note:Valid up to three years
  •  (1) Despite section 13 and subject to subsection (2), if a notice is delivered to the registrant under section 12 of the Act when a pest control product is registered or the registration of a pest control product is amended under subsection 8(1) of the Act, the registration becomes a conditional registration and

    • (a) the validity period must end no later than December 31 in the third year after the year in which the product is registered or the registration is amended; and

    • (b) subsections 28(1) and 35(1) and paragraphs 42(2)(c) to (e) of the Act do not apply.

  • Marginal note:Further notices under section 12 of the Act

    (2) When a notice is delivered to the registrant under section 12 of the Act in relation to the reinstatement of an expired conditional registration or the continuation of a conditional registration after the evaluation of data, paragraph (1)(a) applies.

  • Marginal note:Amendment

    (3) Paragraphs (1)(a) and (b) apply to an amendment of a conditional registration.

  • Marginal note:Exemption

    (4) Despite subsection 81(2) of the Act, paragraph 42(2)(f) of the Act applies to all registrations referred to in that subsection if a registration decision of a type described in paragraph 28(1)(a) of the Act has been made and the validity period has been fixed.

  • Marginal note:No extension

    (5) Subject to subsections (6) and (7), the validity period of a conditional registration may not be extended.

  • Marginal note:Automatic extension

    (6) The validity period of a conditional registration is extended for a period of two years when the registrant complies with the requirements of the notice delivered under section 12 of the Act.

  • Marginal note:Extension for consultation

    (7) The Minister may extend the validity period for a period of sufficient duration to allow the Minister to carry out the consultation required by section 28 of the Act, if the application to amend or renew is made before the end of the validity period.

 
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