GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pest Control Products Regulations — 34
34 (1) [Repealed, SOR/2014-24, s. 15] Storage, transportation and display (2) A pest control product must be stored or displayed in a separate room and transported in a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. SOR/2014-24, s. 15; SOR/2018-284, s. 6
Pest Control Products Regulations — 35
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.
Pest Control Products Regulations — 37
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). SOR/2014-24, s. 17
Pest Control Products Regulations — 38
h 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. 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. 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. 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. 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. 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. SOR/2014-24, s. 17; SOR/2016-61, s. 7 SOR/2023-104, s. 6
Pest Control Products Regulations — 39
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. 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). SOR/2014-24, s. 17
Pest Control Products Regulations — 40
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. 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. SOR/2014-24, s. 17
Pest Control Products Regulations — 41
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. 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. 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. 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. Not transferable (5) A foreign product use certificate is not transferable. SOR/2014-24, s. 17; SOR/2016-61, s. 8
Pest Control Products Regulations — 42
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. 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). 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. SOR/2014-24, s. 17; SOR/2016-61, s. 9; SOR/2017-91, s. 8
Pest Control Products Regulations — 43
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. SOR/2014-24, s. 17
Pest Control Products Regulations — 44
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. 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. Production of records (3) The records must be made available to the Minister on request. SOR/2014-24, s. 17
Pest Control Products Regulations — 46
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.
Pest Control Products Regulations — 47
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. SOR/2014-24, s. 18
Pest Control Products Regulations — 48
Application 48 A person who seeks permission for a research establishment to conduct research must apply to the Minister to obtain a research authorization. SOR/2014-24, s. 19(F)
Pest Control Products Regulations — 49
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.
Pest Control Products Regulations — 50
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. 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. SOR/2014-24, s. 20; SOR/2016-61, s. 10
Pest Control Products Regulations — 51
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.
Pest Control Products Regulations — 52
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.
Pest Control Products Regulations — 53
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. SOR/2014-24, s. 21(E)
Pest Control Products Regulations — 54
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.
Pest Control Products Regulations — 55
r, 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. SOR/2014-24, s. 22(E)
Pest Control Products Regulations — 56
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.
Pest Control Products Regulations — 57
Not renewable 57 Neither a research authorization certificate nor a research notification certificate is renewable.
Pest Control Products Regulations — 58
Not transferable 58 Neither a research authorization certificate nor a research notification certificate is transferable.
Pest Control Products Regulations — 59
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. SOR/2014-24, s. 23(F)
Pest Control Products Regulations — Pest Control Products Regulations
“PEST CONTROL EXPERIMENTAL SITE / SITE D’EXPÉRIMENTATION DE LUTTE ANTIPARASITAIRE
Pest Control Products Regulations — Pest Control Products Regulations
DO NOT ENTER WITHOUT AUTHORIZATION. / ACCÈS INTERDIT SANS AUTORISATION
Pest Control Products Regulations — Pest Control Products Regulations
CONTACT ( contact name ) AT ( phone number ). / S’ADRESSER À ( nom du responsable ) AU ( n o de téléphone ).”, and
Pest Control Products Regulations — 60
Requirement 60 (1) A research establishment must ensure that every pest control product that is used in research is accompanied by an experimental label. Contents (2) An experimental label must (a) show all of the information specified in section 26, except paragraphs 26(1)(d), (g), (i) and (k) and (2)(d); (b) show (i) the following information on the principal display panel: (A) the statement “EXPERIMENTAL USE ONLY”, (B) the research authorization certificate number or the research notification certificate number, when there is one, as follows: (I) “RESEARCH AUTHORIZATION/NOTIFICATION NO. (assigned number) PEST CONTROL PRODUCTS ACT”, or (II) “RESEARCH AUTHORIZATION/NOTIFICATION NO. (assigned number) P.C.P. ACT”, (C) the statement “SALE PROHIBITED. NOT FOR DISTRIBUTION TO ANY PERSON OTHER THAN A RESEARCHER OR COOPERATOR.”, (D) the statement “KEEP OUT OF THE REACH OF CHILDREN”, (E) the manufacturer’s name and address, and (F) when the research involves the use of a pest control product that contains a formulant that is on Part 2 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern , the statement “Warning: contains the allergen (name of allergen)”, (ii) on the secondary display panel, when the research involves the use of an unregistered pest control product, in the instructions on decontamination procedures and disposal referred to in paragraph 26(2)(b), the statement “Any unused product must be returned to the manufacturer.”, and (iii) on the secondary display panel, despite paragraph (a), the statement set out in subparagraph 26(2)(e)(ii) amended to read as follows: “Take the experimental label with you when seeking medical attention.”; and (c) represent the intended research as described in the research plan. Exception (3) Despite paragraph (2)(a), when the research involves the use of a registered pest control product, the following information need not be shown on the experimental label if that label is used in conjunction with the approved label: (a) the net quantity referred to in paragraph 26(1)(j); (b) instructions on decontamination procedures and disposal referred to in paragraph 26(2)(b); (c) information that identifies any significant risk to the environment, and instructions on procedures to reduce those risks, referred to in paragraph 26(2)(c); and (d) the notice to users referred to in paragraph 26(2)(g).
Pest Control Products Regulations — 61
Copies 61 A research establishment must (a) supply to every researcher and cooperator involved in the research a copy of the experimental label, which must be the approved experimental label if a research authorization certificate or research notification certificate has been issued; and (b) produce a copy of the experimental label to the Minister on request. SOR/2014-24, s. 24
Pest Control Products Regulations — 63
Contents 63 A research establishment must maintain records that contain all of the following information for each research project, for five years after the end of the project: (a) the name and quantity of every pest control product used; (b) the names of the researchers and cooperators; (c) the locations of the research sites; (d) a description of the application methods; and (e) the test data generated. SOR/2014-24, s. 26
Pest Control Products Regulations — 64
Conditions for import 64 A research establishment may import an unregistered pest control product for the purpose of conducting research if (a) the product is imported in accordance with section 36; and (b) the quantity being imported is not more than that specified in a research authorization certificate or research notification certificate or that which is necessary to conduct the research for which a research establishment is exempt under section 55. SOR/2021-46, s. 27
Pest Control Products Regulations — 65
Unregistered products 65 A research establishment must return to the manufacturer any unused unregistered pest control products.
Pest Control Products Regulations — 66
Registered products 66 A research establishment must return to the manufacturer any unused registered pest control product unless it is kept by the research establishment to be used by a researcher or cooperator involved in the research in a way that is consistent with the directions on the approved label.
Pest Control Products Regulations — 67
Researchers and cooperators only 67 A research establishment may not distribute a pest control product that is used in the conduct of research to any person that is not a researcher or cooperator involved in the research, except in accordance with section 65 or 66.