Pest Control Products Regulations (SOR/2006-124)

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

Marginal note:Expanded scope of section 14 — associated products
  •  (1) Paragraphs 14(1)(a) and (b) apply to the registration of any pest control product that contains an active ingredient in respect of whose registration a notice has been delivered under section 12 of the Act.

  • Marginal note:Expanded scope of section 14 — associated active ingredients

    (2) Paragraphs 14(1)(a) and (b) apply to the registration of an active ingredient that is contained only in a registered pest control product in respect of which a notice has been delivered under section 12 of the Act.

Renewal of Registration

Marginal note:Five-year periods
  •  (1) Subject to subsections (2) and (3), 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.

  • Marginal note:Renewal and delivery of new notice — conditional registrations

    (2) A conditional registration may be renewed on application by the registrant to the Minister, and on the renewal a new notice is delivered to the registrant under section 12 of the Act and paragraph 14(1)(a) of these Regulations applies.

  • Marginal note:Exception

    (3) Despite subsection (2), in the case of a conditional registration to which subsection 15(1) or (2) applies, no notice need be delivered.

  • Marginal note:Information required with renewal applications

    (4) An application to renew the registration of a pest control product must be accompanied by all of 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;

    • (d) if the Minister requests them, an electronic copy of the approved label and two hard copies of the marketplace label; and

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

  • SOR/2010-119, s. 1.

Re-evaluations and Special Reviews

Marginal note:Additional information — affidavit and contents
  •  (1) When, in the context of a re-evaluation or special review, the Minister considers additional information under paragraph 19(1)(c) of the Act that is not publicly available, the registrant 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 registrant 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 registrant to make representations to the Minister with respect to the information;

    • (c) states that the registrant 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 registrant 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 19(1)(c) 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 registrant immediately after they have made their representations with respect to the information.

  • SOR/2014-24, s. 8.

Protection of Test Data

Interpretation

Marginal note:Definitions

 The following definitions apply in sections 17.2 to 17.94.

agreement

agreement means an agreement described in subsection 66(1) of the Act. (entente)

compensable data

compensable data means test data other than the following:

  • (a) test data that was submitted to support the registration of a new active ingredient and the pest control products associated with that ingredient, including any test data that was part of the additional information reported under section 12 of the Act in relation to that ingredient and those products;

  • (b) test data that is included in a scientific study that has been published; and

  • (c) test data that is generated by a scientific study that is fully funded by a government or one of its institutions. (données soumises à des droits d’utilisation)

crop group

crop group means a group of crops in which the residues at harvest are similar, based on similarities in appearance, harvestable commodity, edible portions and growth habits. (groupe de cultures)

letter of access

letter of access means a document that is signed by a registrant in which the registrant authorizes a named person to use or rely on identified test data. (lettre d’accès)

letter of confirmation of source

letter of confirmation of source means a document that is signed by a registrant in which the registrant confirms that they have agreed to provide an identified registered pest control product to a named person. (lettre de confirmation de source)

minor use

minor use, in respect of a pest control product, means a use the demand for which originates with a grower or a group of growers and which product is intended to be used on a particular pest in connection with a particular host organism, in all of the following circumstances:

  • (a) the use is for an agricultural purpose;

  • (b) a federal or provincial agricultural authority supports the use; and

  • (c) the use is supported by crop residue data or dislodgeable foliar data. (usage limité)

representative crop

representative crop means a crop in a crop group from which extrapolations of residue levels and maximum residue limits may be made to one or more crops in the group. (culture répresentative)

test data

test data means test data that is included in the information used by the Minister in any of the following circumstances:

  • (a) to support an application to register a pest control product or to amend a registration under section 7 or 12 of the Act;

  • (b) to support a re-evaluation under section 16 of the Act or a special review under section 17 of the Act and that is submitted in response to a notice delivered to the registrant under subsection 16(3), 18(1) or 19(1) of the Act; or

  • (c) in support of a registration before June 28, 2006. (données d’essai)

  • SOR/2010-119, s. 2;
  • SOR/2017-169, s. 1.

Application

Marginal note:Equivalent active ingredients

 Sections 17.1 and 17.3 to 17.94 apply to applications to register a pest control product whose active ingredient has been determined by the Minister under subsection 7(2) of the Act to be equivalent to the active ingredient of a registered pest control product.

  • SOR/2010-119, s. 2;
  • SOR/2016-61, s. 2.
Marginal note:Re-evaluations and special reviews

 Sections 17.1, 17.2 and 17.4 to 17.94 apply, with any necessary modifications, to a registrant who wishes to use or rely on test data of another registrant for the purpose of subsection 16(5), (5.1), 18(3) or (3.1) of the Act.

  • SOR/2010-119, s. 2;
  • SOR/2017-169, s. 2.
Marginal note:Non-application — product copies

 When an applicant wishes to use or rely on test data of a registrant in order to register a pest control product that is equivalent to the registrant’s product, using a pest control product provided by that registrant, sections 17.5 to 17.94 do not apply if

  • (a) the registrant provides the Minister with a letter of confirmation of source; and

  • (b) the only pest control product used in the manufacture of the applicant’s product is the one provided by that registrant.

  • SOR/2010-119, s. 2.
 
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