Pest Control Products Act — P-9.01 43
Confidential test data 43 (1) A person who wishes to inspect confidential test data in the Register must submit to the Minister (a) an application in the form and manner directed by the Minister; and (b) an affidavit made under oath or a statutory declaration under the Canada Evidence Act made before a commissioner for oaths or for taking affidavits, stating (i) the purpose of the inspection, and (ii) that the person does not intend to use the test data, or make the test data available to others, in order to register a pest control product in Canada or elsewhere or to amend a registration. Right to inspection (2) The Minister shall permit the person to inspect confidential test data in the Register if the Minister is satisfied that the person does not intend to (a) use the test data in order to register a pest control product in Canada or elsewhere, or to amend a registration; or (b) make the test data available to others for the purpose of registering a pest control product in Canada or elsewhere, or of amending a registration. Notice to registrant (2.1) If the Minister permits a person to inspect confidential test data in the Register, the Minister shall make a reasonable effort to immediately notify any registrant who provided the data that the Minister has permitted a person to inspect the data. Denial of application (3) The Minister shall deny an application if the Minister is satisfied that (a) the applicant intends to use the test data for a purpose referred to in subsection (2); or (b) the applicant has used test data obtained from a prior inspection for a purpose referred to in subsection (2). Confidential business information (4) Subject to subsections (5) and (6), confidential business information is information provided under this Act that is designated as confidential business information by the person who provided it, or information provided under the Pest Control Products Act , chapter P-9 of the Revised Statutes of Canada, 1985, and that concerns (a) manufacturing or quality control processes relating to a pest control product; (b) methods for determining the composition of a pest control product; or (c) the monetary value of sales of pest control products provided to the Minister pursuant to subsection 8(5) and other financial or commercial information provided to the Minister pursuant to this Act or the regulations. Formulants and contaminants (5) Unless otherwise excluded by the regulations, if any, made under paragraph 67(1)(n), confidential business information also includes information that (a) is provided under this Act and is designated as confidential business information by the person who provided it or was provided under the Pest Control Products Act , chapter P-9 of the Revised Statutes of Canada, 1985; and (b) contains the identity and concentration of the formulants and contaminants in a pest control product, other than those that the Minister considers to be of health or environmental concern and are identified on a list to be established and maintained by the Minister and made available to the public. Designation not satisfactory (6) If the Minister decides that information designated under subsection (4) or (5) does not meet the requirements of that subsection, the information is not confidential business information for the purposes of this Act. Notice (7) If the Minister decides that designated information is not confidential business information, the Minister shall give written notice to the person who provided the information of the decision and the reasons for it. Interpretation (8) Nothing in this Act shall be construed as (a) preventing the Minister from refusing to disclose confidential test data or confidential business information under the Access to Information Act ; or (b) entitling a person to make or obtain a copy of confidential test data, other than confidential test data to which the public has access (i) in documents referred to in subsections 28(6), 39(2) and 42(3), or (ii) u