GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pest Control Products Regulations — 17.09
Arbitration 17.09 (1) Despite subsection 17.08(2), in the absence of a negotiated settlement at the end of the negotiation and in accordance with the agreement entered into by the parties, the applicant may, by delivering to the data holder a written notice, submit the determination of the compensation payable to binding arbitration. Notice (2) The notice must contain the last offers of the applicant and the data holder, if they were presented in writing at the end of the negotiation. Arbitral award (3) The arbitrator must make an arbitral award within 120 days after the day on which the notice is delivered, unless (a) the parties agree to an extension before the end of that period and provide written notice to the arbitrator; or (b) the arbitrator provides written notice of an extension to the parties before the end of that period. SOR/2023-104, s. 5
Pest Control Products Regulations — 17.1
Letter of access 17.1 (1) When a negotiated settlement is reached or an arbitral award is made, the data holder must provide the applicant with a letter of access, signed by the data holder, confirming that the applicant may use or rely on their test data. Failure to provide letter of access (2) If the data holder fails to provide the letter of access within the period specified in the negotiated settlement or arbitral award, the applicant may use or rely on the test data without having to continue to comply with the settlement or award. SOR/2023-104, s. 5
Pest Control Products Regulations — 17.11
Early registration 17.11 (1) The applicant may, as soon as a notice referred to in subsection 17.09(1) has been delivered to the data holder, request that the Minister register their pest control product before obtaining a letter of access and may use or rely on the test data of the data holder if all of the following conditions are met: (a) the applicant enters into an escrow agreement with a third party; (b) the third party is entitled under the laws of a province to receive and hold an amount of money on behalf of another person; (c) under the escrow agreement, the applicant deposits with the third party an amount of money equal to the data holder’s last offer referred to in subsection 17.09(2); (d) the escrow agreement contains all of the following terms: (i) the third party holds the money until it becomes payable in accordance with the escrow agreement, (ii) on receipt of a copy of the registration certificate, the third party pays the data holder an amount of money equal to the applicant’s last offer referred to in subsection 17.09(2), (iii) on receipt of a copy of the negotiated settlement or arbitral award, the third party pays the data holder the compensation payable as determined in the settlement or award, less the amount paid under subparagraph (ii), (iv) the third party pays any remaining balance to the applicant. Copy and proof to Minister (2) The applicant must send the Minister both a copy of the escrow agreement and proof that the applicant has deposited the money in accordance with paragraph (1)(c). When no last offer in writing (3) If the data holder’s last offer was not made in writing at the end of the negotiation, the conditions set out in subsection (1) and subsection (2) do not apply. SOR/2023-104, s. 5
Pest Control Products Regulations — 17.12
Conditions — use of or reliance on test data 17.12 (1) Subject to subsection 17.17(2), in the context of a re-evaluation or special review and on receipt of a notice initiating the process under subsection 16(3) or 18(1) of the Act or a notice requiring additional information under paragraph 19(1)(a) of the Act, a registrant may, in accordance with the agreement concluded with the data holder under subsection 17.14(2), use or rely on the following test data if they pay compensation to the data holder in accordance with the negotiated settlement or arbitral award for the period set out in subsection (2): (a) compensable data that the registrant wishes to use or rely on that is (i) provided to the Minister, in the context of the re-evaluation or special review, by the data holder in response to a notice initiating the process under subsection 16(3) or 18(1) of the Act or to a notice requiring additional information under paragraph 19(1)(a) of the Act, and (ii) relevant to the pest control product that is the subject of the re-evaluation or special review; and (b) test data that the Minister considers in support of the re-evaluation or special review decision in respect of the pest control product but that was not provided in response to one of the notices referred to in paragraph (a) and that is relevant to an active ingredient that is not equivalent to the active ingredient contained in the pest control product that is the subject of the re-evaluation or special review if (i) the test data is already compensable data, or (ii) the data holder already has exclusive rights in respect of the test data. Compensable period (2) The period for which compensation is payable for the following test data by the registrant to the data holder commences on one of the following days and must not exceed 12 years, except in the case of the test data referred to in subparagraph (b)(ii) for which the period must not exceed the period provided for in section 17.03: (a) in the case of compensable data provided by the data holder under paragraph (1)(a), the day on which the Minister receives the data; or (b) in the case of test data referred to in paragraph (1)(b), (i) if the data is already compensable data, one of the days referred to in paragraph 17.05(2)(a), (b), (c) or (e), as the case may be, or (ii) if the data holder already has exclusive rights in respect of the data, the day of registration referred to in subsection 17.03(1). SOR/2023-104, s. 5
Pest Control Products Regulations — 17.13
Minister to identify test data 17.13 For the purposes of subsections 16(5) and (5.1) and 18(3) and (3.1) of the Act, the Minister must make available to data holders and other registrants, on the day on which the Minister makes public the decision statement referred to in subsection 28(5) of the Act, a list of the test data referred to in subsection 17.12(1) in respect of which compensation may be payable by any of those registrants and in respect of which an agreement is required to be entered into between the registrant and each data holder whose data the registrant wishes to use or rely on. SOR/2023-104, s. 5
Pest Control Products Regulations — 17.14
Proposed agreement on test data 17.14 (1) Either the registrant or the data holder may deliver to the other party a proposed agreement that specifies the test data that the registrant wishes to use or rely on no later than 60 days after the day on which the decision statement referred to in subsection 28(5) of the Act is made public. Agreement entered into (2) The registrant or the data holder must, on receipt of the proposed agreement from the other party, enter into the agreement with the other party. SOR/2023-104, s. 5
Pest Control Products Regulations — 17.15
Negotiation of compensation payable and settlement 17.15 (1) When the agreement is entered into, a registrant and a data holder must, in order to reach a settlement, begin to negotiate the compensation payable in respect of the test data that the registrant wishes to use or rely on. Period of negotiation and settlement (2) The registrant and the data holder must reach a negotiated settlement in respect of the compensation payable (a) within 120 days after the day on which the decision statement referred to in subsection 28(5) of the Act is made public; or (b) by the end of any additional negotiation period, if the parties agree in writing to continue negotiating. SOR/2023-104, s. 5
Pest Control Products Regulations — 17.16
Arbitration 17.16 (1) Despite subsection 17.15(2), in the absence of a negotiated settlement at the end of the negotiation and in accordance with the agreement entered into by the parties, the registrant or the data holder may, by delivering to the other party a written notice, submit the determination of the compensation payable to binding arbitration. Notice (2) The notice must contain the last offers of the registrant and the data holder, if they were presented in writing at the end of the negotiation. Arbitral award (3) The arbitrator must make an arbitral award within 120 days after the day on which the notice is delivered, unless (a) the parties agree to an extension before the end of that period and provide written notice to the arbitrator; or (b) the arbitrator provides written notice of an extension to the parties before the end of that period. SOR/2023-104, s. 5
Pest Control Products Regulations — 17.17
Letter of access 17.17 (1) When a negotiated settlement is reached or an arbitral award is made, the data holder must provide the registrant with a letter of access, signed by the data holder, confirming that the registrant may use or rely on their test data. Failure to provide letter of access (2) If the data holder fails to provide the letter of access within the period specified in the negotiated settlement or arbitral award, the registrant may use or rely on the test data without having to continue to comply with the settlement or award. SOR/2023-104, s. 5
Pest Control Products Regulations — 18
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. SOR/2022-241, s. 9
Pest Control Products Regulations — 20
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. SOR/2014-24, s. 9(E)
Pest Control Products Regulations — 21
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. SOR/2014-24, s. 10(F)
Pest Control Products Regulations — 22
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] 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. SOR/2014-24, s. 11
Pest Control Products Regulations — 23
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. SOR/2018-284, s. 4
Pest Control Products Regulations — 24
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 . 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. SOR/2014-24, s. 12(F) SOR/2021-46, s. 25
Pest Control Products Regulations — 25
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. SOR/2022-99, s. 7
Pest Control Products Regulations — 26
 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.” 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.”. 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). 2014, c. 20, s. 366(E) SOR/2014-24, s. 13; SOR/2016-61, s. 5(F); SOR/2017-91, s. 7; SOR/2018-284, s. 5 SOR/2019-133, s. 1 SOR/2021-46, s. 26 SOR/2022-99, s. 8
Pest Control Products Regulations — 28
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. 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. 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. SOR/2014-24, s. 14 SOR/2019-133, s. 2
Pest Control Products Regulations — 29
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. 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.
Pest Control Products Regulations — 30
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). SOR/2022-99, s. 9
Pest Control Products Regulations — 30.1
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. 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. 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. 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. SOR/2022-99, s. 9
Pest Control Products Regulations — 31
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. 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. 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. SOR/2019-133, s. 3 SOR/2022-241, s. 11
Pest Control Products Regulations — 32
Metric units 32 (1) Quantities shown on a label must be expressed in metric units. 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 cm 3 , 100 cm 2 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. 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. 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. 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 .
Pest Control Products Regulations — 33
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. 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. Minimize degradation (3) Every package must be constructed to minimize the degradation or change of its contents. 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.