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Pest Control Products Act — P-9.01 8
Registration or amendment 8 (1) If the Minister considers that the health and environmental risks and the value of the pest control product are acceptable after any required evaluations and consultations have been completed, the Minister shall register the product or amend its registration in accordance with the regulations, if any, by (a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposition, including conditions relating to its composition, and, subject to subsection (2), the conditions relating to its label; (b) assigning a registration number to the product in the case of a new registration and, where the Minister considers it appropriate, in the case of an amendment; and (c) specifying the period for which the registration or amended registration is valid, which period may be either finite or indefinite. Conditions relating to label (2) The Minister may specify conditions relating to the label of a pest control product, otherwise than in accordance with the regulations, if the Minister is satisfied that the purposes of this Act can be met by so doing. Provision of safety information to workplaces (3) Without limiting the generality of paragraph (1)(a), the Minister shall specify, as a condition of registration, the requirement for product safety information, including a material safety data sheet for the product, to be provided to workplaces where the pest control product is used or manufactured, in accordance with the regulations made under paragraph 67(1)(s). Denial of application (4) The Minister shall deny an application referred to in subsection 7(1) if the Minister does not consider that the health or environmental risks of a pest control product are, or its value is, acceptable. Sales data (5) A registrant of a pest control product shall, as a condition of registration, record, retain and report to the Minister information on sales of the product in the form and manner directed by the Minister and in accordance with the regulations made under paragraph 67(1)(u). Former registrants (6) The obligation under subsection (5) to retain and report sales information in respect of a pest control product continues to apply to a former registrant after that product ceases to be registered. 2002, c. 28, s. 8; 2016, c. 9, s. 36
Pest Control Products Act — P-9.01 9
Specification at time of registration decision 9 When making a decision regarding the registration of a pest control product, the Minister shall, if necessary, specify any maximum residue limits for the product or for its components or derivatives that the Minister considers appropriate in the circumstances.
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Specification for unregistered products and uses 10 (1) The Minister may specify maximum residue limits for an unregistered pest control product or its components or derivatives, or for a registered pest control product or its components or derivatives with respect to a use that is not provided for by its registration, whether or not an application under subsection (2) is made for that purpose. Application for specification (2) Any person may make an application to the Minister to specify maximum residue limits pursuant to subsection (1). Section 7, with any necessary modifications, applies to that application. Evaluation of health risks (3) When specifying maximum residue limits for a pest control product or its components or derivatives pursuant to subsection (1), the Minister shall evaluate only the health risks of the product or its components or derivatives.
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Health risks to be considered acceptable 11 (1) The health risks associated with maximum residue limits specified by the Minister under sections 9 and 10 must be considered to be acceptable by the Minister. Relevant factors (2) If a decision referred to in paragraph 28(1)(a) or (b) is being made or has been made in relation to a pest control product, the Minister shall, in evaluating and determining whether the health risks associated with maximum residue limits for that pest control product or its components or derivatives are acceptable under subsection (1), (a) among other relevant factors, consider available information on (i) aggregate exposure to the pest control product, namely dietary exposure and exposure from other non-occupational sources, including drinking water and use in and around homes and schools, (ii) cumulative effects of the pest control product and other pest control products that have a common mechanism of toxicity, and (iii) the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors; and (b) in the case of a threshold effect, apply a margin of safety that is ten times greater than the margin of safety that would otherwise be applicable under subparagraph 7(7)(b)(ii) or 19(2)(b)(ii) in respect of that threshold effect, to take into account potential pre- and post-natal toxicity and completeness of the data with respect to the exposure of, and toxicity to, infants and children, unless, on the basis of reliable scientific data, the Minister has determined that a different margin of safety would be appropriate.
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Additional information 12 (1) The Minister may, by delivering a notice in writing, require a registrant (a) to compile information, conduct tests and monitor experience with the pest control product for the purpose of obtaining additional information with respect to its effects on human health and safety or the environment or with respect to its value; and (b) to report the additional information to the Minister within the time and in the form specified in the notice. Condition of registration (2) A requirement under subsection (1) is a condition of registration.
Pest Control Products Act — P-9.01 13
Mandatory reporting 13 An applicant for registration of a pest control product, a person who makes an application under subsection 10(2) or a registrant shall report any prescribed information that relates to the health or environmental risks or the value of the pest control product to the Minister within the prescribed time and in the form and manner directed by the Minister.
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Determination by Minister 14 After considering any information reported under section 12 or 13, the Minister shall determine whether a special review of the registration of the pest control product should be initiated.
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Public availability 15 After considering any information reported under section 13, the Minister shall place his or her conclusions in the Register and shall make public those conclusions if, in the Minister’s opinion, (a) the pest control product poses a significant health or environmental risk; or (b) it is in the public interest to do so.
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Initiation of special review by Minister 17 (1) The Minister shall initiate a special review of the registration of a pest control product if the Minister has reasonable grounds to believe that the health or environmental risks of the product are, or its value is, unacceptable. Special review where OECD ban (2) Without limiting the generality of subsection (1), when a member country of the Organisation for Economic Co-operation and Development prohibits all uses of an active ingredient for health or environmental reasons, the Minister shall initiate a special review of registered pest control products containing that active ingredient. Special review where information from department or province (3) Without limiting the generality of subsection (1), the Minister shall initiate a special review of the registration of a pest control product if a federal or provincial government department or agency has provided information to the Minister that relates to the health or environmental risks or the value of the product and if, after considering the information provided, the Minister has reasonable grounds to believe that the health or environmental risks of the product are, or its value is, unacceptable. Request for special review (4) Any person may request a special review of the registration of a pest control product by making a request to the Minister in the form and manner directed by the Minister. Decision (5) Within a reasonable time after receiving a request, the Minister shall decide whether to initiate a special review and shall respond to the request with written reasons for the decision. Scope of special review (6) For the purposes of this section, the Minister shall initiate a special review only in relation to the aspect of the pest control product that prompted the special review. Addition of aspect (7) If the Minister has initiated a re-evaluation of, or a special review in relation to, a pest control product, the Minister may, at any time before the decision statement is made public under subsection 28(5), expand the scope of the re-evaluation or special review to include any aspect of the product that would otherwise prompt a new special review under subsection (1), (2) or (3). New or amended consultation statement (8) If the Minister expands the scope of a re-evaluation or special review under subsection (7) after the consultation statement relating to the re-evaluation or special review has been made public under subsection 28(2), the Minister shall make public a new or amended consultation statement under that subsection that takes into account the aspect referred to in subsection (7). 2002, c. 28, s. 17 2019, c. 29, s. 217
Pest Control Products Act — P-9.01 17.1
Discretion of Minister — aspect already covered 17.1 (1) Despite section 17, the Minister may decide not to initiate a special review in relation to a pest control product if a re-evaluation of, or a special review in relation to, the product has already been initiated that includes the aspect of the product that would otherwise prompt a special review. Discretion of Minister — previous decision statement (2) Despite subsection 17(2), the Minister may decide not to initiate a special review of a registered pest control product under that subsection if (a) the Minister made public under subsection 28(5) a decision statement respecting a re-evaluation of, or a special review in relation to, that product; (b) the aspect of the product that would otherwise prompt a special review was addressed by the re-evaluation or special review referred to in paragraph (a); and (c) the Minister determines that there is no additional information in relation to the health or environmental risks of the product that provides the Minister with reasonable grounds to believe that those risks are unacceptable. 2019, c. 29, s. 218
Pest Control Products Act — P-9.01 17.2
Duty to make decisions public 17.2 The Minister shall make public each of the following decisions and the reasons for it: (a) a decision made under subsection 17(7) to expand the scope of a re-evaluation or special review to include an aspect that would otherwise prompt a new special review under subsection 17(2); (b) a decision made under subsection 17.1(1) or (2) not to initiate a special review in relation to an aspect that would otherwise prompt such a review under subsection 17(2). 2019, c. 29, s. 218
Pest Control Products Act — P-9.01 18
Notice requesting information 18 (1) A special review of a pest control product is initiated by the Minister delivering a notice in writing to the registrant explaining the reasons for initiating the special review and, if considered necessary by the Minister, requiring the registrant to provide information in the form and within the period specified in the notice. Request for information from departments and provinces (2) After the special review is initiated, the Minister shall deliver a notice to federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system requesting them to provide, in the form and within the period specified in the notice, information in respect of the health and environmental risks and the value of the product that is under special review. Provision of information if more than one registrant (3) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent, (a) two or more registrants may provide the information required under subsection (1) or paragraph 19(1)(a) jointly; and (b) if the Minister is satisfied that the information required under subsection (1) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations, permit another registrant to use or rely on that information to meet the requirements under that subsection or paragraph. If active ingredients not equivalent (3.1) If the active ingredients of a registered pest control product that is subject to the special review are not equivalent to the active ingredients in another registrant’s registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the registrant whose product is subject to the special review to use or rely on information provided by the other registrant if the Minister is satisfied that the information is necessary for the special review. Evaluation of pest control product (4) After the special review is initiated, the Minister shall, in accordance with the regulations, if any, evaluate only the aspects of the pest control product that are within the scope of the special review and shall carry out the consultations required by section 28. 2002, c. 28, s. 18; 2017, c. 6, s. 111 2019, c. 29, s. 219
Pest Control Products Act — P-9.01 20
Cancellation or amendment 20 (1) The Minister may cancel or amend the registration of a pest control product if (a) the registrant fails to satisfy a requirement under subsection 16(3) or 18(1) or paragraph 19(1)(a); or (b) in the course of a re-evaluation or special review, the Minister has reasonable grounds to believe that the cancellation or amendment is necessary to deal with a situation that endangers human health or safety or the environment, taking into account the precautionary principle set out in subsection (2). Precautionary principle (2) Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent adverse health impact or environmental degradation. Rescission of action (3) The Minister may rescind any action taken under subsection (1) if the circumstances that prompted it cease to exist. Refusal to consider applications (4) If the registration of a pest control product is cancelled or amended under paragraph (1)(a), the Minister may, for a prescribed period, refuse to consider any application made in respect of that product by the registrant.
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Confirmation 21 (1) If the Minister considers that the health and environmental risks and the value of a pest control product are acceptable after any required evaluations and consultations have been completed, the Minister shall confirm the registration. Amendment or cancellation (2) If the Minister does not consider that the health or environmental risks or value of a pest control product are acceptable, the Minister shall (a) amend the registration if the Minister considers that the health and environmental risks and value of the product would be acceptable after the amendment; or (b) cancel the registration. Delay of effective date (3) The Minister may delay the effective date of the amendment or cancellation if (a) no suitable alternative to the use of the pest control product is available; and (b) the Minister considers that the health and environmental risks and value of the product are acceptable until the effective date of the amendment or cancellation. Conditions on delay (4) A delay is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act. Continued possession, etc., of existing stocks (5) When cancelling the registration of a pest control product under this section or any other provision of this Act, the Minister may (a) allow the continued possession, handling, storage, distribution and use of stocks of the product in Canada at the time of cancellation, subject to any conditions, including disposal procedures, that the Minister considers necessary for carrying out the purposes of this Act; (b) require the registrant to recall and dispose of the product in a manner specified by the Minister; or (c) seize and dispose of the product.
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Discontinuation of sale of product 22 (1) A registrant who intends to discontinue the sale of a pest control product for one or more uses for which it is registered shall notify the Minister of that intention in the form and manner directed by the Minister. Reasons for discontinuation (2) The Minister may deliver a notice in writing to the registrant requiring the registrant to explain the reasons for the discontinuation. Cancellation or amendment of registration (3) On receipt of notification under subsection (1), the Minister shall cancel or amend the registration, as the case may be, as of a date to be determined by the Minister and, pending that date, may impose any conditions that the Minister considers necessary for carrying out the purposes of this Act.
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Non-payment of fees, fines, etc. 23 (1) If a registrant fails to pay a fee, fine, penalty, charge or cost that the registrant is liable to pay under or in relation to this Act, the Minister may (a) cancel or amend any registration in the registrant’s name; and (b) refuse to consider any application made by the registrant under this Act. Representations (2) Before taking any action under subsection (1) in relation to charges or costs, the Minister shall give the registrant a reasonable opportunity to make representations. Notice (3) The Minister shall immediately give written notice to the registrant of any action taken under subsection (1) and of the reasons for the action.
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Amendment with consent 24 The Minister may, with the written consent of the registrant, amend the registration of a pest control product for the purpose of reducing its health or environmental risks or increasing its value.
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Breach of conditions 25 The Minister may cancel or amend the registration of a pest control product if the registrant does not comply with the conditions of registration.
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Violation or offence 26 If a person is found to have committed a violation or is convicted of an offence under this Act, the Minister may, having regard to the nature of the violation or offence and the circumstances surrounding its commission, (a) cancel or amend the registration of the pest control product that was involved in the violation or offence where the person who committed the violation or offence is the registrant; (b) cancel or amend the registration of any other pest control product in respect of which the person is the registrant; or (c) refuse to consider any application made under this Act by the person during any period that the Minister considers appropriate.
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Implementation of international agreement 27 The Governor in Council may, by order, cancel or amend the registration of a pest control product or a class of pest control products if the Governor in Council considers it necessary to do so to implement an international agreement.
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Minister to consult 28 (1) The Minister shall consult the public and federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system before making a decision (a) to grant or deny an application (i) to register a pest control product that is or contains an unregistered active ingredient, or (ii) to register, or amend the registration of, a pest control product if the Minister considers that registration or amendment of the registration may result in significantly increased health or environmental risks; (b) about the registration of a pest control product on completion of a re-evaluation or special review; or (c) about any other matter if the Minister considers it in the public interest to do so. Public notice (2) To initiate a consultation under subsection (1), the Minister shall make public a consultation statement and shall invite any person to send written comments on the proposed decision within the period specified in the statement. Consultation statement (3) The consultation statement shall include (a) a summary of any reports of the evaluation of the health and environmental risks and the value of the pest control product prepared or considered by the Minister; (b) the proposed decision and the reasons for it; and (c) any other information that the Minister considers necessary in the public interest. Consideration of comments (4) The Minister shall consider any comments received pursuant to subsection (2) before making a decision. Decision statement (5) After making a decision, the Minister shall make public a decision statement that shall include the decision, the reasons for it and a summary of any comments that the Minister received on the proposed decision. Confidential test data (6) A consultation statement referred to in subsection (2) and a decision statement referred to in subsection (5) shall contain any confidential test data that the Minister considers to be in the public interest.
Pest Control Products Act — P-9.01 29
Failure to report information 29 (1) Every person who does not comply with section 13 is guilty of an offence. Non-compliance with requirement (2) A registrant who does not comply with a requirement in a notice referred to in subsection 16(3) or 18(1), paragraph 19(1)(a) or subsection 22(2) is guilty of an offence.
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False or misleading information 30 (1) Every person is guilty of an offence if they knowingly provide the Minister with false or misleading information (a) about the health or environmental risks or the value of a pest control product; or (b) in response to a notice delivered under this Act. False or misleading tests (2) Every person is guilty of an offence if they falsely claim to have conducted a test relating to the health or environmental risks or the value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.
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Non-compliance with conditions of registration 31 (1) A registrant who does not comply with the conditions of registration is guilty of an offence. Non-compliance with other conditions and requirements (2) A person who does not comply with a condition imposed under subsection 21(4), paragraph 21(5)(a) or subsection 22(3) or with a requirement under paragraph 21(5)(b) is guilty of an offence.
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Punishment 32 Every person who commits an offence under any of sections 29 to 31 is liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.