Pest Control Products Regulations (SOR/2006-124)

AMENDMENTS NOT IN FORCE

• — SOR/2022-241, s. 1

  • • 1 (1) The definition device in subsection 1(1) of the Pest Control Products RegulationsFootnote ¹ is replaced by the following:

      • Return to footnote ¹SOR/2006-124

      device

      device means an instrument, gadget, apparatus, appliance or other similar object. (dispositif)

    • (2) [In force]

    • (3) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

      antimicrobial preservative

      antimicrobial preservative means a chemical substance, or a mixture of chemical substances, that is intentionally incorporated into, or applied to, an article for the purpose of preserving it from deterioration or degradation by preventing the growth of micro-organisms. (agent de conservation antimicrobien)

      Stockholm Convention

      Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants, signed at Stockholm on May 22, 2001, as amended from time to time. (Convention de Stockholm)

      treated article

      treated article means an inanimate product or substance, but does not include a food as defined in section 2 of the Food and Drugs Act,

      • (a) that, during the manufacturing process, is treated with a pest control product either by intentionally:

        • (i) incorporating the product into the article; or

        • (ii) applying it to the article, and

      • (b) whose primary purpose, prior to that treatment, is not, directly or indirectly, to control, destroy, attract or repel a pest or to mitigate or prevent the injurious, noxious or troublesome effects of a pest. (article traité)

      treated seed

      treated seed means seed into which a pest control product is intentionally incorporated or to which the product is applied. (semence traitée)

• — SOR/2022-241, s. 2(2)

  • • 2 (2) Section 2 of these Regulations is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (c):

      • (d) a treated article; and

      • (e) treated seed.

• — SOR/2022-241, s. 3

  • • 3 (1) The portion of paragraph 3(1)(f) of the Regulations before subparagraph (i) is replaced by the following:

      • (f) a pest control product — other than an organism, a device of a type described in Schedule 1 or a treated article — that is imported by a user for their personal use, that is in their possession at the time of the importation and that meets the following conditions:

    • (2) Subsection 3(1) of the Regulations is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (f):

      • (g) a pest control product that is a treated article into which the only pest control product that is incorporated or to which the product is applied is an antimicrobial preservative, if

        • (i) the product is imported by a user for their personal use,

        • (ii) the product is in their possession at the time of the importation,

        • (iii) the product is in its original package with the original label intact, and

        • (iv) the information on the package and label is in English or French and is clear and legible; and

      • (h) a pest control product that is

        • (i) an antimicrobial preservative when it is used in the manufacture of a treated article that is

          • (A) a feed that is regulated under the Feeds Act,

          • (B) a fertilizer or supplement that is regulated under the Fertilizers Act,

          • (C) a drug or cosmetic that is regulated under the Food and Drugs Act, or

          • (D) a medical device that is a device as defined in section 2 of the Food and Drugs Act and classified as a Class II, III or IV medical device under the Medical Devices Regulations, or

        • (ii) a treated article that is described in any of clauses (i)(A) to (D) into which the only pest control product that is incorporated or to which the product is applied is an antimicrobial preservative.

• — SOR/2022-241, s. 4

  • 4 Subsection 4(1) of the Regulations is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (e):

    • (f) a pest control product that is a treated article into which the only pest control product that is incorporated or to which it is applied is an antimicrobial preservative, if

      • (i) the sole purpose of the treatment is to protect or preserve the article,

      • (ii) the active ingredient of the preservative is registered or otherwise authorized under paragraph 21(5)(a) of the Act for incorporation into, or application to the article,

      • (iii) in the case where the article is treated in Canada, the preservative is registered or otherwise authorized under paragraph (b) or paragraph 21(5)(a) of the Act,

      • (iv) in any other case, the treatment

        • (A) includes the same active ingredient as that contained in a preservative registered in Canada or otherwise authorized under paragraph (b) or paragraph 21(5)(a) of the Act, and

        • (B) meets any conditions of registration or authorization, as the case may be, that relate to the method of application, the uses for which the preservative may be applied to or incorporated into the article and the range of application rates as specified by the Minister under the Act or as set out in Schedule 2; and

    • (g) a pest control product that is a preservative set out in column 1 of Part 2 – Class 2 Preservatives or in column 1 of Part 3 – Class 3 Preservatives of the List of Permitted Preservatives (Lists of Permitted Food Additives), published by the Government of Canada on its website, as amended from time to time, if

      • (i) the product is used as an antimicrobial preservative,

      • (ii) the sole purpose of the treatment is to protect or preserve the article, and

      • (iii) the quantity of preservative protects or preserves the article, but does not exceed the quantity necessary to do so.

• — SOR/2022-241, s. 8

  • 8 The Regulations are amended by adding the following after section 7:

    • Stockholm Convention — evaluations not necessary

      • 7.1 (1) No evaluation under paragraph 7(3)(a) of the Act is necessary when

        • (a) the application is to register or amend the registration of a pest control product that is or contains an active ingredient that is listed as a chemical in Annex A (Elimination) or Annex B (Restriction) of the Stockholm Convention;

        • (b) the application pertains to a production or use of the active ingredient that is prohibited under the Convention;

        • (c) the amendment to the Convention that resulted in the listing has been ratified by Canada by the deposit of its instrument of ratification with the Secretary-General of the United Nations acting as the Depository of the Convention; and

        • (d) the proposed production or use of the active ingredient in the application:

          • (i) is not subject to a specific exemption, or acceptable purpose, notified by Canada under the Convention, as set out in the Register of Specific Exemptions, or a Register of Acceptable Purposes, established under that Convention, or

          • (ii) is not otherwise permitted under the Convention.

      • Denial of application

        (2) For the purpose of subsection 8(4) of the Act, the health or environmental risks of a pest control product described in subsection (1) are not acceptable.

• — SOR/2022-241, s. 9

  • 9 Paragraph 18(a) of the Regulations is replaced by the following:

    • (a) the validity period must not be longer than three years and may not be extended;

• — SOR/2022-241, s. 11

  • • 11 (1) The portion of subsection 31(2) of the French version of the Regulations before paragraph (a) is replaced by the following:

      • Entreposage ou déchargement du produit

        (2) Les documents visés au paragraphe (1) satisfont aux conditions ci-après si le produit est stocké dans le wagon-citerne ou la remorque-citerne ou est déchargé directement à partir de l’un ou de l’autre :

    • (2) Paragraph 31(2)(b) of the Regulations is replaced by the following:

      • (b) if applicable, within reach of and clearly visible to the person operating the control valve that is used for dispensing the product.

• — SOR/2022-241, s. 12

  • 12 Section 36 of the Regulations is replaced by the following:

    • Declaration — general

      • 36 (1) Subject to subsection (2), the importer of a pest control product — except a pest control product described in paragraph 4(1)(f) or (g) — must provide the Minister with a declaration at the time of the importation, in English or French, signed by the importer, that sets out

        • (a) the shipper’s name and postal address, along with their email address or telephone number;

        • (b) the importer’s name and address, along with their email address or telephone number;

        • (c) the name of the pest control product, which may include a distinctive brand or trademark;

        • (d) if applicable, the number of the pest control product’s licence, certificate, permit, registration, foreign product use certificate, research authorization certificate or research notification certificate;

        • (e) the quantity of the pest control product being imported, expressed

          • (i) by volume, if the product is liquid, gaseous or viscous,

          • (ii) by mass, if the product is a solid or pressure-packed,

          • (iii) by number of units being imported, if the product is a device or a treated article, and

          • (iv) in terms specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, in any other case;

        • (f) if applicable, the chemical name, common chemical name or other name of each active ingredient of the pest control product, along with its quantity in the pest control product; and

        • (g) the purpose of the importation of the pest control product, expressed as follows:

          • (i) “For Distribution, Including Sale”, if the product is being imported for distribution, including sale,

          • (ii) “For Manufacturing Purposes”, if the product is being imported for use in the manufacture of a registered pest control product,

          • (iii) “For Research Purposes”, if the product is being imported for research purposes,

          • (iv) “For Grower Requested Own Use”, if the product is being imported under a foreign product use certificate issued under subsection 41(3), and

          • (v) “For (importer to specify the purpose)”, in any other case.

      • Declaration — treated seed

        (2) The importer of treated seed must provide the Minister with a declaration at the time of the importation, in English or French, signed by the importer, that sets out

        • (a) the shipper’s name and postal address, along with their email address or telephone number;

        • (b) the importer’s name and address, along with their email address or telephone number;

        • (c) the name of the kind or species of seed;

        • (d) the country where the crop from which the seed is derived was grown;

        • (e) if applicable, the number of the treated seed’s licence, certificate, permit, registration, foreign product use certificate, research authorization certificate or research notification certificate;

        • (f) the quantity of treated seed that is being imported, expressed by mass;

        • (g) the chemical name, common chemical name or other name of each active ingredient of the pest control product that is incorporated into, or applied to, the seed, along with its quantity, expressed by mass or volume, as applicable, per 100 kg of seed;

        • (h) the name of the treated seed, including any distinctive brand or trademark; and

        • (i) the purpose of the importation of the treated seed, expressed as follows:

          • (i) “For Distribution, Including Sale”, if the seed is being imported for distribution, including sale,

          • (ii) “For Manufacturing Purposes”, if the seed is being imported for further manufacturing,

          • (iii) “For Research Purposes”, if the seed is being imported for research purposes,

          • (iv) “For Grower Requested Own Use”, if the seed is being imported under a foreign product use certificate issued under subsection 41(3), and

          • (v) “For (importer to specify the purpose)”, in any other case.

      • Retention

        (3) The importer must keep the information set out in a declaration for two years after the day on which the importation of the pest control product in respect of which the declaration was made.

• — SOR/2022-241, s. 13

  • 13 Section 71 of the Regulations is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

    • (c) the device, in the case of a device; and

    • (d) the treated article, in the case of a treated article.