Pest Control Products Regulations

Version of section 55 from 2006-06-06 to 2014-08-25:

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 by the researcher alone

        • (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 by the researcher alone 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.

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