G/TBT/N/CAN/676  
28 June 2022  
(22-4972) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English, French  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  CANADA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Health Canada  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Canada's Notification Authority a nd Enquiry Point  
Technical Barriers and Regulations Division  
Global Affairs Canada  
111 Sussex Drive  
Ottawa, Ontario, K1A 0G2  
Canada  
Telephone: (343)203 -4273 
Fax: (613) 943 -0346 
E-mail: enquirypoint@international.gc.ca  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Pest 
Control Products  
5. Title, number of pages and language(s) of the notified document:  Regulations 
Amending the Pest Control Products Regulations (Protection of Test Data); (28 page(s), 
in English and French)  
6. Description of content:  Under the authority of the Pest Control Products Act, Health 
Canada's Pest Management Regulatory Agency (PMRA) is proposing to amend the Pest 
Control Products Regula tions to clarify data compensation provisions in the post market 
context (re -evaluations and special reviews).  
These proposed amendments would provide clarity for regulated parties on issues of 
concern to them, such as: which party could trigger formal neg otiation and binding 
arbitration process; when and how to trigger such processes; and when and how lists of 
data for which compensation may be payable would be made available. Minor changes 
are also being proposed to the regulations to clarify the data pro tection provisions, for 
example, to distinguish registrants that hold data that could be compensated for from 
registrant who are relying on their data, a proposed definition of "data holder" is included.  G/TBT/N/CAN/676  
 
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  7. Objective and rationale, including the nature of  urgent problems where 
applicable:  The primary objective of the proposed regulatory amendments is to clarify 
data protection provisions for re -evaluations and special reviews by specifying a process 
under which registrants who are data holders and registra nts who are relying on the data 
of data holders could establish compensation payable, by clarifying what data is subject 
to compensation, and when to initiate negotiations and binding arbitration (if necessary).  
8. Relevant documents:   
Canada Gazette, Part I, 11 June 2022, pages 3129 -3156 (available in English and in 
French) https://www.gazette.gc.ca/rp -pr/p1/2022/2022 -06-11/pdf/g1 -15624.pdf  
9. Proposed date of adoption:  On the date they are published in the Canada Gazette, Part 
II. 
Proposed date of entry into force:  6 months after they are published in the Canada 
Gazette, Part II.  
10. Final date for comments:  25 August 2022  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
The electronic version of the regulatory text can be found at:  
https://www.gazette.gc.ca/rp -pr/p1/2022/2022 -06-11/html/reg4 -eng.html  (English)  
https://www.gazette.gc.ca/rp -pr/p1/2022/2022 -06-11/html/reg4 -fra.html  (French)