Pest Control Products Regulations (SOR/2006-124)

Bulk Containers

Marginal note:Railway tank car or transport truck tanker-trailer

• 31 (1) Subject to subsections (2) and (3) and to any condition specified by the Minister under subsection 8(2) of the Act relating to the label, if 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, the information required under subsections 26(1) and (2) must be shown on the documents that accompany the shipment.

• Marginal note:Storing or dispensing product

  (2) If a pest control product is stored in a railway tank car or a transport truck tanker-trailer or if the tank car or tanker-trailer is being used to dispense the product directly, then the documents required under subsection (1) must be

  • (a) affixed to the tank car or tanker-trailer and readily available for review by all persons handling the product, the tank car or the tanker-trailer; and

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

• Marginal note:Providing information

  (3) Subject to any condition specified by the Minister under subsection 8(2) of the Act relating to the label, if a pest control product referred to in subsection (1) is distributed directly to a user of the product, the information required under section 26 must be provided to the user at the time of distribution.

Units of Measurement

Marginal note:Metric units

• 32 (1) Quantities shown on a label must be expressed in metric units.

• Marginal note:Decimal system

  (2) The declaration of net quantity must be shown in the decimal system to three figures, except that, if the net quantity is less than 100 g, 100 mL, 100 cm³, 100 cm² or 100 cm, it may be shown truncated to two decimal figures, and, in either case, any final zero that appears to the right of the decimal point need not be shown.

• Marginal note:Net quantity less than one

  (3) A net quantity that is less than one must be shown in the decimal system, with a zero before the decimal point, or in words.

• Marginal note:Metric units

  (4) The metric units in the declaration of net quantity must be shown

  • (a) in millilitres, if the net volume of the pest control product is less than 1 000 mL, except that 500 mL may be shown as 0.5 L;

  • (b) in litres, if the net volume is 1 000 mL or more;

  • (c) in grams, if the net mass is less than 1 000 g, except that 500 g may be shown as 0.5 kg; and

  • (d) in kilograms, if the net mass is 1 000 g or more.

• Marginal note:Optional Canadian units of measurement

  (5) In addition to being expressed in accordance with subsection (1), quantities shown on a label may also be expressed in the Canadian units of measurement set out in Schedule II to the Weights and Measures Act.

Packaging

Marginal note:Packages

• 33 (1) The package of a pest control product must be constructed to contain the product safely under normal conditions of storage, display and distribution.

• Marginal note:Safe access to contents

  (2) Every package must be constructed to permit

  • (a) the withdrawal of any or all of the contents in a manner that is safe to the user; and

  • (b) the closing of the package in a manner that will contain the pest control product safely under normal storage conditions.

• Marginal note:Minimize degradation

  (3) Every package must be constructed to minimize the degradation or change of its contents.

• Marginal note:When package essential to safety

  (4) If the package is essential to the safe and effective use of the pest control product, it must be constructed to meet any specifications that the Minister may specify in the conditions of registration under paragraph 8(1)(a) of the Act.

Storage and Display

• 34 (1) [Repealed, SOR/2014-24, s. 15]

• Marginal note:Storage, transportation and display

  (2) A pest control product must be stored or displayed in a separate room and transported in a separate compartment from any human food or animal feed or stored, displayed or transported in such a way as to avoid any possible contamination of the food or feed if the product bears the signal word “POISON” superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3.

Distribution

Marginal note:Conditions on documents

35 When conditions of registration that relate to the distribution of a pest control product are specified by the Minister under paragraph 8(1)(a) of the Act, those conditions must be shown on the documents that accompany the shipment.

Import

General

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Use of Foreign Products

Requirements

Marginal note:Procedure

37 For the purpose of subsection 41(1) of the Act, the following requirements must be met before the use of a foreign product may be authorized:

• (a) the Minister determines under section 38 that the foreign product is equivalent to a registered pest control product;

• (b) the Minister issues a certificate of equivalency under subsection 39(1) with respect to the foreign product;

• (c) the Minister approves the foreign product use label under section 40; and

• (d) the person who wishes to use the foreign product applies to the Minister for an authorization in accordance with subsections 41(1) and (2).

Product Equivalency

Marginal note:Conditions

• 38 (1) Subject to subsection (4), the Minister may determine that a foreign product is equivalent to a registered pest control product if all of the following conditions are met:

  • (a) a grower or group of growers requests the Minister to make the determination;

  • (b) four not-for-profit Canadian national grower associations support the request;

  • (c) the person who makes the request provides the Minister with all of the information listed in subsection (4);

  • (d) the foreign product meets the requirements of subsection (2); and

  • (e) the registered pest control product meets the requirements of subsection (3).

• Marginal note:Eligibility — foreign products

  (2) A foreign product must meet all of the following requirements to be considered when making a determination of equivalency:

  • (a) it is not an organism;

  • (b) it is not under review in the foreign country where it is registered with respect to its health and environmental risks and is being sold in that country;

  • (c) it does not contain an active ingredient that is under special review in Canada; and

  • (d) it is manufactured by a person who is related to the registrant of the registered pest control product, within the meaning of the definition related persons in subsection 251(2) of the Income Tax Act, whether the related person is located in or outside Canada.

• Marginal note:Eligibility — registered pest control products

  (3) A registered pest control product must meet both of the following requirements to be considered when making a determination of equivalency:

  • (a) it does not have the product class designation “RESTRICTED” described in paragraph 5(c); and

  • (b) none of the test data described in paragraphs 17.5(1)(a) to (c) that support its registration are subject to the exclusive use of the registrant.

• Marginal note:Preliminary steps

  (4) Before making the determination of equivalency, the Minister must first find that the foreign product and the registered pest control product are sufficiently similar so as to justify proceeding with the determination, based on the following preliminary information:

  • (a) the name and registration number of the registered pest control product, the name and product identifier of the foreign product and the name of the country where the foreign product is registered;

  • (b) the name of the registrant of the registered pest control product and the name of the holder of the registration of the foreign product;

  • (c) the labels of both products;

  • (d) the information described in subparagraphs 26(1)(h)(ii) and (iii) with respect to both products;

  • (e) their type of formulation;

  • (f) their type of package;

  • (g) the health and environmental risks that were evaluated by the regulatory body that registered the foreign product; and

  • (h) the standard of acceptability of risk that was applied by that regulatory body.

• Marginal note:Further information

  (5) If the Minister finds that the foreign product is sufficiently similar to the registered pest control product, the Minister must so inform the registrant and request that they provide the Minister with the following information, in respect of both the registered pest control product and the foreign product:

  • (a) the composition of all formulations of the end-use products and of the technical grade active ingredients used in their manufacture, which, in the case of the registered pest control product and its active ingredient, must be the composition specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act;

  • (b) the name of the manufacturer of the active ingredient that is used to manufacture each of the products and the address of the place where each active ingredient is manufactured;

  • (c) the name of the manufacturer of the formulation of each end-use product and the address of the place where each formulation is manufactured;

  • (d) the information described in subparagraph 26(1)(h)(iv); and

  • (e) product safety information relevant to their use in the workplace, if any.

• Marginal note:Additional information

  (6) If the information provided under subsection (5) with respect to the registered pest control product or the foreign product is insufficient to enable the Minister to make the determination, the Minister may request additional relevant information from the registrant in order to make the determination.

• Marginal note:Written consent of registrant

  (7) Instead of providing the information required by subsection (5), the registrant may provide their written consent to the Minister to use or rely on any information that they had previously provided to the Minister.

• Marginal note:Notice of no further action

  (8) If the Minister is unable to obtain the information from the registrant under subsection (5) or the consent of the registrant under subsection (7), the Minister must notify the person who made the request that no further steps will be taken by the Minister and place a copy of that notice in the Register.

• Marginal note:Resumption of request by any person

  (9) In the circumstances described in subsection (8), paragraph (2)(d) does not apply and any person may, within two years after the notice is placed in the Register, request that the Minister make the determination of equivalency and for that purpose must provide the Minister with either

  • (a) all of the following information:

    • (i) with respect to the registered pest control product, a detailed and comprehensive analysis with an accompanying description of methodology and analytical validation that permits the determination of the acceptability of procedures, results and conclusions concerning the composition of the product, including the identity and concentration of its active ingredient and formulants, and of any contaminants in the active ingredient, and

    • (ii) with respect to any foreign product, the information described in subsection (5); or

  • (b) with respect to both the registered pest control product and any foreign product, a detailed and comprehensive analysis with an accompanying description of methodology and analytical validation that permits the determination of the acceptability of procedures, results and conclusions concerning the composition of both products, including the identity and concentration of their active ingredients and formulants, and of any contaminants in the active ingredients.

• Marginal note:Additional information

  (10) If the information provided under subsection (9) is insufficient to enable the Minister to make the determination, the Minister may request additional relevant information from the person who made the request in order to make the determination.