Pest Control Products Incident Reporting Regulations (SOR/2006-260)

Regulations are current to 2017-11-20 and last amended on 2009-03-12. Previous Versions

Pest Control Products Incident Reporting Regulations

SOR/2006-260

PEST CONTROL PRODUCTS ACT

Registration 2006-10-26

Pest Control Products Incident Reporting Regulations

P.C. 2006-1136 2006-10-26

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 67(1) of the Pest Control Products ActFootnote a, hereby makes the annexed Pest Control Products Incident Reporting Regulations.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in these Regulations.

    Act

    Loi

    Act means the Pest Control Products Act. (Loi)

    domestic animal

    animal domestique

    domestic animal means an animal that is under the control of humans and dependent on them for its survival. (animal domestique)

    incident

    incident

    incident means an incident described in section 2 whose effects relate to the health or environmental risks or the value of a pest control product. It does not include an incident that results from an act or activity that would constitute an offence under the Criminal Code. (incident)

    incident report

    déclaration d’incident

    incident report means a report that contains the information described in section 3 and that is received by the Minister from a registrant or an applicant. (déclaration d’incident)

    individual of a species at risk

    individu d’une espèce en péril

    individual of a species at risk means an individual of a species set out in the List of Wildlife Species at Risk in Schedule 1 to the Species at Risk Act. (individu d’une espèce en péril)

  • Application of definition incident report

    (2) For the purpose of applying the definition incident report in subsection (1), the information need not be proved or substantiated by the registrant or applicant in order to be included in the report.

Classification of Incidents

Marginal note:Categories

 Incidents are classified, according to the subject of the exposure to the pest control product and the degree of severity of their effects, into the following categories:

  • (a) in the case of a human being,

    • (i) an incident whose effect is a human death,

    • (ii) an incident that has a major effect on a human, when an individual has or has had symptoms that indicate a condition that could be life-threatening or result in adverse reproductive or developmental effects or in chronic disability,

    • (iii) an incident that has a moderate effect on a human, when an individual has or has had symptoms that are more pronounced, more prolonged or of a more systemic nature than minimally bothersome symptoms, and for which some form of treatment is usually indicated, although the symptoms do not indicate a life-threatening condition and the individual is likely to return to their pre-exposure state of health without any chronic disability, and

    • (iv) an incident that has a minor effect on a human, when an individual has or has had minimally bothersome symptoms that normally resolve rapidly, including skin rash, itching, conjunctivitis, drowsiness, transient cough, headache, joint pain, agitation, restlessness or mild gastro-intestinal symptoms such as self-limited diarrhea, stomach cramps or nausea;

  • (b) in the case of a domestic animal,

    • (i) an incident whose effect is a domestic animal death,

    • (ii) an incident that has a major effect on a domestic animal, when a domestic animal has or has had symptoms that indicate a condition that could be life-threatening or result in adverse reproductive or developmental effects or in chronic disability,

    • (iii) an incident that has a moderate effect on a domestic animal, when a domestic animal has or has had symptoms that are more pronounced, more prolonged or of a more systemic nature than minimally bothersome symptoms, and for which some form of treatment is usually indicated, although the symptoms do not indicate a life-threatening condition and the animal is likely to return to its pre-exposure state of health without any chronic disability, and

    • (iv) an incident that has a minor effect on a domestic animal, when a domestic animal has or has had minimally bothersome symptoms, such as skin, eye or respiratory irritation, that normally resolve rapidly;

  • (c) in the case of the environment,

    • (i) an incident that has a major effect on the environment, when

      • (A) the number of individuals of a group or subgroup set out in column 1 or 2, respectively, of the schedule that die is at least the number set out in column 3, or

      • (B) an individual of a species at risk has or has had at least one of the symptoms set out in column 6 of the schedule,

    • (ii) an incident that has a moderate effect on the environment, when the number of individuals of a group or subgroup set out in column 1 or 2, respectively, of the schedule that have or have had at least one of the symptoms set out in column 6 is the number, or a number within the range, set out in column 4, and

    • (iii) an incident that has a minor effect on the environment, when the number of individuals of a group or subgroup set out in column 1 or 2, respectively, of the schedule that have or have had at least one of the symptoms set out in column 6 is less than the number set out in column 5;

  • (d) an incident whose effect is residues in food, when a pest control product or one of its components or derivatives is detected in food in an amount that would result in the sale of the food being prohibited under section 4 of the Food and Drugs Act;

  • (e) an incident of packaging failure, when packaging failure is observed that could result in the exposure of humans to a pest control product or in injury to humans; and

  • (f) an incident whose effects are identified in a scientific study, when the effects are observed during a human epidemiological study or a scientific investigation, whether concluded, discontinued or ongoing, and the study or investigation is sponsored by the registrant or applicant and indicates

    • (i) any new health or environmental hazard associated with a pest control product,

    • (ii) any health or environmental risk associated with a pest control product that may be greater than the risk determined at the time of registration, or

    • (iii) the presence of a previously undetected component or derivative of a pest control product.

  • SOR/2009-94, s. 1(F).

Prescribed Information

Marginal note:Section 13 of the Act
  •  (1) The following information that is received by a registrant or an applicant about an incident that is associated with their pest control product or with any pest control product that has the same active ingredient, and that is required by sections 7, 8 and 16, is prescribed information for the purpose of section 13 of the Act:

    • (a) contact information for the registrant or applicant;

    • (b) the date on which the incident occurred;

    • (c) the date on which the registrant or applicant received the information about the incident;

    • (d) the city, province or state, and country where the incident occurred;

    • (e) the identification of the pest control product;

    • (f) information about the application of the pest control product, including the site, method and date of its application;

    • (g) the category of the incident, determined in accordance with section 2;

    • (h) information about the circumstances of the exposure to the pest control product, including the site, date, route of exposure, weather conditions, duration and subject information, which, in the case of a human subject, is restricted to age, gender and whether the subject is pregnant;

    • (i) information about the incident and its effects, including the symptoms, duration and outcome; and

    • (j) scientific test information, including information about the sample, the method of analysis and the results.

  • Marginal note:Section 13 of the Act

    (2) The following information about an incident that is associated with the registrant’s or applicant’s pest control product or with any pest control product that has the same active ingredient, and that is required by section 9, is prescribed information for the purpose of section 13 of the Act:

    • (a) contact information for the registrant or applicant;

    • (b) the title and date of the study and the name of the author;

    • (c) the identification of the pest control product;

    • (d) the category of the incident, determined in accordance with section 2;

    • (e) the scientific study and the test data generated during the study; and

    • (f) the type of scientific study, an indication of which of subparagraphs 2(f)(i) to (iii) is the reason for submitting it, and the information the study reveals about the incident and its effects.

  • SOR/2009-94, s. 2.
 
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