Pest Control Products Regulations (SOR/2006-124)

Certificates of Equivalency

Marginal note:Issuance

• 39 (1) If the Minister determines that a foreign product is equivalent to a registered pest control product, the Minister must issue a certificate of equivalency and place it in the Register.

• Marginal note:Validity

  (2) A certificate of equivalency is valid until December 31 in the second year after the year in which it is issued and may be reissued with respect to the same two products in accordance with the requirements of section 38. A certificate of equivalency ceases to be valid in any of the following circumstances:

  • (a) the basis on which the foreign product and the registered pest control product were determined to be equivalent no longer applies;

  • (b) any of the requirements set out in subsection 38(2) or (3) are no longer met;

  • (c) the registration of the registered pest control product is cancelled or expires and the sale and use of that product is no longer authorized under the Act; or

  • (d) the foreign product is no longer registered in the country referred to in paragraph 38(2)(b).

Marginal note:Foreign product use label

• 40 (1) When the Minister issues a certificate of equivalency, she or he must also approve a foreign product use label.

• Marginal note:Brochures or leaflets

  (2) If the Minister permits the directions for use to be shown instead in a brochure or leaflet that must accompany the foreign product, the following requirements must be met:

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

  • (b) the brochure or leaflet must contain all of the information that is otherwise required to be shown on the label.

Authorizations to Use a Foreign Product

Marginal note:Application for authorization

• 41 (1) A person who wishes to use a foreign product in respect of which a certificate of equivalency is in effect must apply to the Minister for an authorization under subsection 41(1) of the Act.

• Marginal note:Contents

  (2) The application must include all of the following information:

  • (a) the person’s name, address and signature;

  • (b) the name of the foreign product;

  • (c) the number of the applicable certificate of equivalency;

  • (d) a description of the intended use of the foreign product and the location where it will be used; and

  • (e) the quantity of the foreign product required for that intended use for one growing season.

• Marginal note:Issuance of certificate

  (3) If the Minister authorizes the use of the foreign product, she or he must issue a foreign product use certificate that sets out all of the following information:

  • (a) the identity of the certificate holder;

  • (b) the amount of the foreign product that may be imported and used under the certificate; and

  • (c) the location where the foreign product is to be used by the certificate holder.

• Marginal note:Validity

  (4) A foreign product use certificate is valid for only one importation and for the period specified in the certificate, which must not exceed one calendar year. It ceases to be valid if the applicable certificate of equivalency ceases to be valid.

• Marginal note:Not transferable

  (5) A foreign product use certificate is not transferable.

Marginal note:Importation of foreign product

• 42 (1) A person may import a foreign product whose use is authorized if all of the following conditions are met:

  • (a) the person holds a foreign product use certificate in respect of that product;

  • (b) that certificate holder purchases the product directly from the foreign source without the intervention of an agent or mandatary;

  • (c) before the importation, the certificate holder provides the Minister with all of the following information:

    • (i) the proposed date of the importation,

    • (ii) the name of the person who will transport the foreign product into Canada, and

    • (iii) the name of the entry point;

  • (d) the certificate holder

    • (i) affixes to each container of the foreign product, as soon as practicable after the importation of the product but in any case no later than upon its arrival either at the location of storage, or at the location of use specified in the foreign product use certificate, a copy of the approved foreign product use label in a way that the product identifier that relates to its registration outside Canada remains visible at all times, and

    • (ii) ensures that a copy of any brochure or leaflet that sets out the directions for use accompanies the product; and

  • (e) the quantity of the product imported does not exceed the amount set out in the foreign product use certificate.

• Marginal note:Pooled purchases

  (2) Two or more persons may together import in one shipment their authorized quantities of foreign products set out in their respective foreign product use certificates if the importation meets the conditions of subsection (1).

• Marginal note:Transport

  (3) The person who transports the foreign product into Canada must carry it to either the location of storage, or the location of use specified in the foreign product use certificate, and have the following documents in their possession:

  • (a) proof of purchase in respect of each quantity of foreign product in the shipment, including the name of the foreign source from whom it was purchased; and

  • (b) copies of all of the relevant foreign product use certificates.

Register

Marginal note:Information in Register

43 The Minister must place all of the following information in the Register with respect to every request for the determination of equivalency made under section 38:

• (a) the name of the person who made the request and the date on which it was made;

• (b) the name of the registered pest control product and its registration number;

• (c) the name of the foreign product, its product identifier and the name of the country where it is registered; and

• (d) the outcome of the request, including the reasons.

Records

Marginal note:Requirements

• 44 (1) The holder of a foreign product use certificate must keep records that contain all of the following information in respect of each foreign product that they import and use:

  • (a) a copy of the certificate;

  • (b) the name and quantity of the foreign product;

  • (c) the method of empty container disposal;

  • (d) the method of disposal of any unused foreign product;

  • (e) proof of purchase of the foreign product and the name of the foreign source from which it was purchased;

  • (f) the name of the person who transported the foreign product into Canada; and

  • (g) the date of importation.

• Marginal note:Retention

  (2) The records must be kept for five years after the end of the year in which the foreign product use certificate that relates to the product expires or ceases to be valid.

• Marginal note:Production of records

  (3) The records must be made available to the Minister on request.

45 [Repealed, SOR/2014-24, s. 17]

Research

Manufacture for Research

Marginal note:Non-application of subsection 6(1) of the Act

46 Subsection 6(1) of the Act does not apply to the manufacture of a pest control product that is for use only in conducting research under these Regulations.

Research Authorization

Marginal note:Application of certain provisions to research

47 Sections 48 to 50 and 56 to 68 apply to an authorization under subsection 41(1) of the Act to use an unregistered pest control product for the purpose of research.

Marginal note:Application

48 A person who seeks permission for a research establishment to conduct research must apply to the Minister to obtain a research authorization.

Marginal note:Contents

49 An application for a research authorization must include the information specified in subsections 6(1) and (3) in addition to all of the following:

• (a) an electronic copy of the proposed experimental label;

• (b) a copy of the research plan; and

• (c) any other information described in section 8 that the Minister may require to evaluate the health and environmental risks posed by the proposed research.

Marginal note:Authorization

• 50 (1) Before the Minister authorizes the use of a pest control product under subsection 41(1) of the Act for the purpose of research, the Minister must consider the health and environmental risks and determine that the proposed experimental label meets the requirements of section 60.

• Marginal note:Issuance of research authorization certificate

  (2) When the Minister authorizes the use of a pest control product to conduct research, the Minister must issue a research authorization certificate to the research establishment that sets out the conditions specified under subsection 41(1) of the Act, including those that relate to the experimental label.

Research Notification

Marginal note:Exemption

51 A research establishment is exempt from the application of subsection 6(1) of the Act and section 48 if the Minister confirms under section 54 that the proposed research meets all of the criteria set out in section 53.

Marginal note:Notice and contents

52 A research establishment that wishes to obtain confirmation under section 54 must notify the Minister by providing the information specified in subsections 6(1) and (3) in addition to both of the following:

• (a) an electronic copy of the proposed experimental label; and

• (b) a copy of the research plan.

Marginal note:Criteria

53 The following are the criteria referred to in section 51:

• (a) the research does not involve the use of a semiochemical;

• (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 I 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 only by a researcher

    • (A) on 5 to 50 ha of land owned or operated by a research establishment, or

    • (B) on 1 to 5 ha of land owned or operated by a cooperator, and

  • (viii) in the case of a pest control product that contains a registered active ingredient,

    • (A) the application of the pest control product is carried out by a researcher or cooperator on 10 to 50 ha of land owned or operated by a research establishment or a cooperator, 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 microbial agent,

  • (i) it does not involve aerial application,

  • (ii) 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,

  • (iii) the micro-organism is indigenous to the area where it is intended to be used, and

  • (iv) the application of the pest control product is carried out on a maximum of 10 ha of land owned or operated by a research establishment or, in the case of an aquatic application, on a body of water that has a maximum of 1 ha of surface area and that is wholly contained on land owned or operated by a research establishment.

Marginal note:Issuance of research notification certificate

54 If the Minister confirms that the proposed research meets the criteria set out in section 53 and the proposed experimental label meets the requirements of section 60, the Minister must issue a research notification certificate to the research establishment.

Exemptions and Conditions

Marginal note:Exemption — research solely in laboratory

• 55 (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 only by a researcher

      • (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 only by a researcher 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.