Pest Control Products Regulations (SOR/2006-124)

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

Authorizations to Use a Foreign Product

Marginal note:Application for authorization
  •  (1) A person who wishes to use a foreign product in respect of which a certificate of equivalency is in effect must apply to the Minister for an authorization under subsection 41(1) of the Act.

  • Marginal note:Contents

    (2) The application must include all of the following information:

    • (a) the person’s name, address and signature;

    • (b) the name of the foreign product;

    • (c) the number of the applicable certificate of equivalency;

    • (d) a description of the intended use of the foreign product and the location where it will be used; and

    • (e) the quantity of the foreign product required for that intended use for one growing season.

  • Marginal note:Issuance of certificate

    (3) If the Minister authorizes the use of the foreign product, she or he must issue a foreign product use certificate that sets out all of the following information:

    • (a) the identity of the certificate holder;

    • (b) the amount of the foreign product that may be imported and used under the certificate; and

    • (c) the location where the foreign product is to be used by the certificate holder.

  • Marginal note:Validity

    (4) A foreign product use certificate is valid for only one importation and for the period specified in the certificate, which must not exceed one calendar year. It ceases to be valid if the applicable certificate of equivalency ceases to be valid.

  • Marginal note:Not transferable

    (5) A foreign product use certificate is not transferable.

  • SOR/2014-24, s. 17;
  • SOR/2016-61, s. 8.
Marginal note:Importation of foreign product
  •  (1) A person may import a foreign product whose use is authorized if all of the following conditions are met:

    • (a) the person holds a foreign product use certificate in respect of that product;

    • (b) that certificate holder purchases the product directly from the foreign source without the intervention of an agent or mandatary;

    • (c) before the importation, the certificate holder provides the Minister with all of the following information:

      • (i) the proposed date of the importation,

      • (ii) the name of the person who will transport the foreign product into Canada, and

      • (iii) the name of the entry point;

    • (d) the certificate holder

      • (i) affixes to each container of the foreign product, as soon as practicable after the importation of the product but in any case before its use, 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

      • (ii) ensures that a copy of any brochure or leaflet that sets out the directions for use accompanies the product; and

    • (e) the quantity of the product imported does not exceed the amount set out in the foreign product use certificate.

  • Marginal note:Pooled purchases

    (2) Two or more persons may together import in one shipment their authorized quantities of foreign products set out in their respective foreign product use certificates if the importation meets the conditions of subsection (1).

  • Marginal note:Transport

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

    • (a) proof of purchase in respect of each quantity of foreign product in the shipment, including the name of the foreign source from whom it was purchased; and

    • (b) copies of all of the relevant foreign product use certificates.

  • SOR/2014-24, s. 17;
  • SOR/2016-61, s. 9.

Register

Marginal note:Information in Register

 The Minister must place all of the following information in the Register with respect to every request for the determination of equivalency made under section 38:

  • (a) the name of the person who made the request and the date on which it was made;

  • (b) the name of the registered pest control product and its registration number;

  • (c) the name of the foreign product, its product identifier and the name of the country where it is registered; and

  • (d) the outcome of the request, including the reasons.

  • SOR/2014-24, s. 17.

Records

Marginal note:Requirements
  •  (1) The holder of a foreign product use certificate must keep records that contain all of the following information in respect of each foreign product that they import and use:

    • (a) a copy of the certificate;

    • (b) the name and quantity of the foreign product;

    • (c) the method of empty container disposal;

    • (d) the method of disposal of any unused foreign product;

    • (e) proof of purchase of the foreign product and the name of the foreign source from which it was purchased;

    • (f) the name of the person who transported the foreign product into Canada; and

    • (g) the date of importation.

  • Marginal note:Retention

    (2) The records must be kept for five years after the end of the year in which the foreign product use certificate that relates to the product expires or ceases to be valid.

  • Marginal note:Production of records

    (3) The records must be made available to the Minister on request.

  • SOR/2014-24, s. 17.

 [Repealed, SOR/2014-24, s. 17]

Research

Manufacture for Research

Marginal note:Non-application of subsection 6(1) of the Act

 Subsection 6(1) of the Act does not apply to the manufacture of a pest control product that is for use only in conducting research under these Regulations.

Research Authorization

Marginal note:Application of certain provisions to research

 Sections 48 to 50 and 56 to 68 apply to an authorization under subsection 41(1) of the Act to use an unregistered pest control product for the purpose of research.

  • SOR/2014-24, s. 18.
Marginal note:Application

 A person who seeks permission for a research establishment to conduct research must apply to the Minister to obtain a research authorization.

  • SOR/2014-24, s. 19(F).
Marginal note:Contents

 An application for a research authorization must include the information specified in subsections 6(1) and (3) in addition to all of the following:

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

  • (b) a copy of the research plan; and

  • (c) any other information described in section 8 that the Minister may require to evaluate the health and environmental risks posed by the proposed research.

Marginal note:Authorization
  •  (1) Before the Minister authorizes the use of a pest control product under subsection 41(1) of the Act for the purpose of research, the Minister must consider the health and environmental risks and determine that the proposed experimental label meets the requirements of section 60.

  • Marginal note:Issuance of research authorization certificate

    (2) When the Minister authorizes the use of a pest control product to conduct research, the Minister must issue a research authorization certificate to the research establishment that sets out the conditions specified under subsection 41(1) of the Act, including those that relate to the experimental label.

  • SOR/2014-24, s. 20;
  • SOR/2016-61, s. 10.
 
Date modified: