. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/CAN/401 
27 November 2009  
 (09-5983) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English/ 
 French 
 
 
 
NOTIFICATION 
 
1. Notifying Member:  CANADA  
If applicable, name of local government involved:    
2. Agency responsible:  Department of Health 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO;  ICS numbers should be provided in addition, where 
applicable):  Pest Control Products (ICS Code: 65.100) 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[X] All trading partners   
[ ] Specific regions or countries:    
5. Title of the notified document:  Proposed Amendment to the Pest Control Products 
Regulations  Language:  English and French  Number of pages:  15 
6. Description of content:  This proposal would encourage th e registration of new innovative 
pesticides, including for use on minor crops, a nd facilitate timely entry of competitively 
priced generic pesticides.  This would ultimat ely benefit pesticide users, particularly the 
agricultural sector. 
This proposal has been designed to provide a legally enforceable and fair process of 
pesticide data protection.  It is intended to  benefit pesticide users, particularly in the 
agricultural sector, by encouraging the regist ration of new innovative and minor uses, and 
by facilitating the timely and predictable entry of competitively priced generic pesticides via a clear negotiation and arbitration pro cess.  More specifically, the proposal would 
provide ten years of exclusive use protecti on for data used to support the Canadian 
registration of a new pesticide that contains a new active ingredient. And, by adding minor 
uses of significance to the original registrati on, the exclusive use period could be extended 
by up to five years (i.e. to a maximum of 15 years). 
Note:  This document has also been notified under the TBT Agreement. 
7. Objective and rationale:  [X] food safety , [ ] animal health, [X] plant protection, 
[  ] protect humans from animal/plant pest or disease, [ ] protect territory from other 
damage from pests.    G/SPS/N/CAN/401 
Page 2  
 
  8. Is there a relevant international stan dard?  If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex standard 
or related text)   
[ ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)    
[ ] International Plant Protection Convention (e.g. ISPM number)    
[X] None Does this proposed regulation conform to the relevant international standard?   
 [ ] Yes   [ ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
9. Other relevant documents and language (s) in which these are available:  Canada 
Gazette , Part I, 14 November 2009, Pages 3415-3 429 (available in English and French) 
10. Proposed date of adoption (dd/mm/yy) :  Within seven to twelve months of publication in 
the Canada Gazette , Part I. 
Proposed date of publication (dd/mm/yy) :    
11. Proposed date of entry into force:  [ ] Six months from date of publication , and/or  
(dd/mm/yy) :  On the day the measure is adopted. 
[ ] Trade facilitating measure   
12. Final date for comments:  [ ] Sixty days from the date of circulation of the notification 
and/or (dd/mm/yy) :  28 January 2010 
Agency or authority designated to handl e comments:  [ ] National Notification 
Authority, [X] National Enquiry Point.  Address, fax number and e-mail address (if 
available) of other body:    
13. Texts available from:  [ ] National Notification  Authority, [X] National Enquiry Point.  
Address, fax number and e-mail address (if available) of other body:    
The electronic version of the regulatory text can be downloaded at:   
http://www.gazette.gc.ca/rp-pr/ p1/2009/2009-11-14/p df/g1-14346.pdf  (Canada Gazette ) 
or  http://www.gazette.gc.ca/rp-pr/p1/ 2009/2009-11-14/html/reg2-eng.html
 (English) 
http://www.gazette.gc.ca/rp-pr/p1/ 2009/2009-11-14/html/reg2-fra.html  (French)