Pest Control Products Regulations (SOR/2006-124)

Marginal note:Letter of access

• 17.94 (1) On the determination of the compensation payable, whether by negotiated settlement or arbitral award, the registrant must provide the applicant with a letter of access in accordance with the settlement or award.

• Marginal note:Failure to provide letter of access

  (2) If the registrant fails to provide the letter of access, the applicant may use or rely on the compensable data without having to comply further with the negotiated settlement or arbitral award.

Emergency Registration

Marginal note:Validity period and exemption

18 Despite section 13, if a pest control product is registered for, or the registration of a pest control product is amended to permit its use in, the emergency control of a seriously detrimental infestation,

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

• (b) subsections 28(1) and 35(1) and paragraphs 42(2)(c) to (f) of the Act do not apply; and

• (c) the registration may not be renewed.

19 [Repealed, SOR/2022-241, s. 10]

Denaturation

Marginal note:When required

20 If the physical properties of a pest control product are such that its presence may not be detected when it is used and as a result it could expose a person or domestic animal to a severe health risk, the pest control product must be denatured by means of colour, odour or any other means specified as a condition of registration by the Minister under paragraph 8(1)(a) of the Act to provide a signal or warning as to its presence.

Advertising

Marginal note:Prohibition

21 A word or an expression that states or implies that the Government of Canada or any of its departments or agencies promotes, endorses or recommends the use of a pest control product must not appear on the package of, or in any advertisement for, a pest control product.

Labels

General

Marginal note:Official languages

• 22 (1) Subject to subsection (3), all information on a label must be in both English and French.

• (2) [Repealed, SOR/2014-24, s. 11]

• Marginal note:Exception — products destined abroad

  (3) The information on the label of a registered pest control product that is not authorized to be manufactured, imported, sold or used in Canada may be in either English or French, or in both.

Marginal note:Label — presentation

• 23 (1) All information that is required to be shown on a label must appear in a manner that is clearly legible and indelible.

• (2) Any written, printed or graphic matter on the marketplace label of the pest control product must not detract from or obscure the required information.

Marginal note:Diseases of humans

• 24 (1) A label must not represent a pest control product as a treatment, preventive or cure for any disease, disorder or abnormal physical state listed in Schedule A.1 to the Food and Drugs Act.

• Marginal note:Diseases of domestic animals

  (2) A label must not represent a pest control product as a treatment, preventive or cure for any disease, as defined in subsection 2(1) of the Health of Animals Act, that is required to be reported under that Act.

Display Panel

Marginal note:Principal and secondary display panels

25 A registered pest control product must have a display panel consisting of a principal display panel and a secondary display panel.

Marginal note:Principal display panel

• 26 (1) The principal display panel of a registered pest control product must show the following information:

  • (a) the product name of the pest control product, which may include a distinctive brand or trademark and the common chemical name of its active ingredient, if established;

  • (b) the product type of the pest control product, which must be descriptive of its purpose;

  • (c) the physical form of the pest control product;

  • (d) the product class designation of the pest control product as set out in section 5;

  • (e) information concerning the nature and degree of hazard inherent in the pest control product, which must identify the nature and degree of hazard by appropriate precautionary symbols and signal words selected from Schedule 3, together with a statement that indicates the nature of the primary hazard to which the symbol relates;

  • (f) the statement “READ THE LABEL BEFORE USING.”;

  • (g) if the pest control product has the product class designation “DOMESTIC”, the statement “KEEP OUT OF THE REACH OF CHILDREN.”;

  • (h) a statement, as follows:

    • (i) the words “ACTIVE INGREDIENT:” or “ACTIVE INGREDIENTS:”, as the case may be,

    • (ii) the common chemical name of the active ingredient of the pest control product or, if it has no common chemical name, its chemical or other name,

    • (iii) the concentration of the active ingredient, expressed, if the pest control product is

      • (A) a liquid, as a percentage by mass, or as mass per unit volume, or both, as specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act,

      • (B) a dust, wettable powder or other dry formulation, as a percentage by mass, or

      • (C) neither a liquid nor a dry formulation, in terms specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, and

    • (iv) the viscosity, specific gravity, particle size or any other property or characteristic that the Minister may specify in the conditions of registration under paragraph 8(1)(a) of the Act;

  • (i) the registration number of the pest control product, as follows: “REGISTRATION NO. (assigned registration number) PEST CONTROL PRODUCTS ACT” or “REG. NO. (assigned registration number) P.C.P. Act”;

  • (j) a declaration of net quantity of the product in the package, expressed

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

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

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

  • (k) the registrant’s name; and

  • (l) the name, postal address and telephone number of a contact person in Canada to which public inquiries may be directed.

• Marginal note:Secondary display panel

  (2) The secondary display panel of a registered pest control product must show the following information:

  • (a) under the heading “DIRECTIONS FOR USE”, the directions for the use of the pest control product, including application rates, timing and frequency of application, and any limitations on its use;

  • (b) information that identifies any significant risk associated with the handling, storage, display, distribution and disposal of the pest control product, and instructions on procedures to reduce those risks and, if specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, instructions on decontamination procedures and disposal of the pest control product and its empty packages;

  • (c) under the heading “PRECAUTIONS”, information that identifies any significant risk to health, the environment or anything in connection with which the pest control product is to be used, and instructions on procedures to reduce that risk;

  • (d) under the heading “PRECAUTIONS”, the following statement:

    • (i) if the pest control product does not have the product class designation “DOMESTIC”: “KEEP OUT OF THE REACH OF CHILDREN.”, or

    • (ii) if the pest control product is to be used only in the manufacture of another pest control product: “PREVENT ACCESS BY UNAUTHORIZED PERSONNEL.”;

  • (e) under the heading “FIRST AID”, instructions that

    • (i) set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the pest control product, and

    • (ii) include the statement “Take the container label or product name and Pest Control Product Registration Number with you when seeking medical attention.”;

  • (f) under the heading “TOXICOLOGICAL INFORMATION”, information that is essential to the treatment of persons who are poisoned, intoxicated or injured by the pest control product that includes all of the following:

    • (i) antidotes and remedial measures or, if no specific antidote or remedial measure exists, the statement “Treat symptomatically.”,

    • (ii) a description of the symptoms of poisoning or intoxication, and

    • (iii) a list of the components of the product, not including the active ingredient, that may affect the treatment; and

  • (g) the following notice to users: “NOTICE TO USER: This pest control product is to be used only in accordance with the directions on the label. It is an offence under the Pest Control Products Act to use this product in a way that is inconsistent with the directions on the label.”

• Marginal note:Outermost package

  (3) If a pest control product is contained in more than one package, the outermost package that is visible under normal conditions of storage, transportation or handling must bear a label that shows the following information:

  • (a) the information, as it appears on the approved label for the product, that is required under paragraphs (1)(a), (e), (h), (i), (k) and (l);

  • (b) the information, as it appears on the approved label for the product, that is required under paragraph (2)(b) and that is relevant if any significant risk referred to in that paragraph exists while the pest control product is contained in the outermost package; and

  • (c) the statement “For first aid instructions or the toxicological information essential for treatment, obtain and read the approved label from the registrant or phone the number indicated on this container.”.

• Marginal note:Exceptions

  (4) Subsection (3) does not apply if the outermost package is transparent or otherwise allows the label on an inner package to be legible, and that label shows the information required under

  • (a) subsection (3); or

  • (b) paragraphs (2)(e) and (f), and that information appears as it does on the approved label for the product, and paragraphs (3)(a) and (b).

27 [Repealed, SOR/2014-24, s. 14]

Marginal note:Brochures or leaflets

• 28 (1) If, under subsection 8(2) of the Act, the Minister specifies in the conditions of registration relating to the label that information required by these Regulations to be shown on the principal and secondary display panels may instead be shown in a brochure or leaflet that accompanies the pest control product, the following requirements must be met:

  • (a) the principal display panel must have prominently shown on it either the statement “READ ATTACHED BROCHURE (or LEAFLET) BEFORE USING.” or the statement “READ ACCOMPANYING BROCHURE (or LEAFLET) BEFORE USING.”; and

  • (b) the brochure or leaflet must contain all of the information that is to be shown on the principal and secondary display panels in addition to the specified information.

• Marginal note:Exception

  (2) The statement in paragraph (1)(a) does not need to appear on the container if, pursuant to subsection 31(1), a pest control product is transported in a railway tank car or a transport truck tanker-trailer and that tank car or tanker-trailer is the only container.

• Marginal note:Provided at distribution

  (3) Any brochure or leaflet referred to in subsection (1) must be provided to any user of the product at the time the product is distributed to them.

Marginal note:Product class designation “RESTRICTED” — notice

• 29 (1) If the principal display panel shows the product class designation “RESTRICTED”, the notice that is required by paragraph 26(2)(g) must appear prominently at the top of the secondary display panel, followed by the heading “RESTRICTED USES”, followed by the directions for use, the application rates, the timing and frequency of application and the limitations on the use of the pest control product to which the restriction relates. All of the foregoing must be circumscribed by a line to set the information apart from all other information that is required to be shown on the secondary display panel.

• Marginal note:Product class designation “RESTRICTED” — brochure or leaflet

  (2) Despite subsection (1), if the principal display panel shows the product class designation “RESTRICTED”, the directions for use, the application rates, the timing and frequency of application and the limitations on the use of the pest control product to which the restriction relates, together with the information required by paragraphs 26(1)(a) to (l) and (2)(a) and (c) may, if specified by the Minister in the conditions of registration relating to the label under subsection 8(2) of the Act, be shown instead in a brochure or leaflet that accompanies the pest control product.

Prescribed Devices

Marginal note:Schedule 1 devices

30 Despite subsections 26(1) and (2), the display panel of a registered pest control product that is a device of a type described in Schedule 1 must show

• (a) on the principal display panel, the information set out in paragraphs 26(1)(i), (k) and (l); and

• (b) on its secondary display panel, the information set out in paragraphs 26(2)(a) to (c).

Marginal note:Unregistered device — display panel

• 30.1 (1) An ultraviolet radiation-emitting device referred to in paragraph 4(1)(c) must have a display panel consisting of a principal display panel and a secondary display panel.

• Marginal note:Principal display panel

  (2) The principal display panel and, if any, the operating manual of the device must show the following information:

  • (a) its intended use;

  • (b) if it is to be distributed primarily to the general public for personal use in or around their homes, the statement “KEEP OUT OF THE REACH OF CHILDREN”;

  • (c) the statement

    • (i) if there is an accompanying operating manual, “READ THE LABEL AND ANY OPERATING MANUAL BEFORE USING”, and

    • (ii) “READ THE LABEL BEFORE USING” in any other case; and

  • (d) the name, postal address, telephone number and email address of a contact person in Canada to which public inquiries may be directed.

• Marginal note:Secondary display panel

  (3) The secondary display panel of the device must show the following information:

  • (a) under the heading “PRECAUTIONS”, the statements

    • (i) “WARNING – Ultraviolet radiation emitted from this device.”,

    • (ii) “Unintended use of the device, or damage to the housing, may result in exposure to ultraviolet radiation.”,

    • (iii) “Ultraviolet radiation may cause eye and skin irritation.”, and

    • (iv) “Avoid exposing eyes and skin to ultraviolet radiation.”;

  • (b) the statement “The use of this device is a supplement to and not a substitute for following best practices to control transmission of infections; users are to follow those best practices, including those related to the cleaning and disinfection of surfaces.”;

  • (c) under the heading “DIRECTIONS FOR USE”, the directions for the use of the device, notably on how to operate the device, any limitation on its use and, if applicable, instructions on how users may replace the ultraviolet lamp or any other component that emits ultraviolet light without exposure to ultraviolet radiation, including instructions on the frequency required for those replacements; and

  • (d) other information that identifies any risk to health or the environment associated with the handling, storage, display, distribution, use or disposal of the device, or of any of its components, and instructions on procedures for reducing those risks.

• Marginal note:Insufficient space

  (4) If there is insufficient space to fit the information on the secondary display panel, that information must be shown in an accompanying operating manual and the secondary display panel must show

  • (a) the information set out in paragraphs (2)(a) and (b); and

  • (b) as much of the other information set out in subsection (2) as possible.