Pest Control Products Regulations (SOR/2006-124)

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45 [Repealed, SOR/2014-24, s. 17]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.

General Requirements for Certificates

Marginal note:Expiry

56 A research authorization certificate and a research notification certificate expire on December 31 of the year in which they are issued, unless another expiry date is specified in the certificate.

Marginal note:Not renewable

57 Neither a research authorization certificate nor a research notification certificate is renewable.

Marginal note:Not transferable

58 Neither a research authorization certificate nor a research notification certificate is transferable.

Signage at Research Sites

Marginal note:Requirements

59 Unless otherwise specified as a condition by the Minister under subsection 41(1) of the Act, a research establishment must post signs at every research site that

• (a) show all of the following information:

  • (i) the following primary message, in both English and French:

    “PEST CONTROL EXPERIMENTAL SITE / SITE D’EXPÉRIMENTATION DE LUTTE ANTIPARASITAIRE

    DO NOT ENTER WITHOUT AUTHORIZATION. / ACCÈS INTERDIT SANS AUTORISATION

    CONTACT (contact name) AT (phone number). / S’ADRESSER À (nom du responsable) AU (n^o de téléphone).”, and

  • (ii) the research authorization certificate number or research notification certificate number, when there is one;

• (b) are visible, legible, indelible and posted at every entrance to the research site on each side of the entrance;

• (c) are posted before treatment begins and remain posted until any treated food or feed crop is harvested or as long as data are being collected; and

• (d) may include the name of the pest control product that is the subject of the research and the name and logo of its manufacturer, if they are printed smaller than the primary message.