WORLD TRADE  
ORGANIZATION  G/TBT/N/CAN/255 
24 December 2008  
 (08-6315) 
Committee on Technical Barriers to Trade Original:   English/ 
 French 
 
 
  
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  CANADA
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):   Ontario  
2. Agency responsible:  Ontario Ministry of Environment  
Name and address (including telephone and fax numbers, email and web-site 
addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above :  Canadian Enquiry 
Point, 200-270 Albert Street, Ottawa, Ontari o, Canada, K1P 6N7 Tel.:  +1 613 238 3222, 
Fax.: +1 613 569 7808, E-mail: enquirypoint@scc.ca  
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Pesticides (ICS : 65.100) 
5. Title, number of pages and language(s) of the notified document:  Regulation Proposal 
Notice: New General Regulation under the Pest icides Act, 1990 to implement the Cosmetic 
Pesticides Ban Act, 2008 (Available in E nglish, 4 pages; and French, 5 pages). 
6. Description of content:  The Cosmetic Pesticides Ban Ac t, 2008 (formerly Bill 64), was 
passed in the Ontario Legislature on 18 June 2008. The Act amends the Pesticides Act to 
prohibit the use and sale of pesticides that ma y be used for cosmetic purposes. The Act takes a 
prudent approach to reduce potential risks, espe cially to the most vulnerable members of our 
society, associated with the cosmetic uses of pesticides. The ban is part of the government’s 
toxics reduction plan in Ontario.  
The major components of the proposed new Regul ation to implement the Cosmetic Pesticides 
Ban Act, 2008 are described below. 
New Classes of Pesticides: 
In order to implement the ban, the ministry  is proposing a new cl assification framework 
which includes eleven (11) classes of pesticid es as described in sections 3 to 10 of the 
proposed Regulation. 
Banned or Restricted Pesticides:   
A list of pesticides (Class 9 in the proposed Re gulation) have been prescribed for the purposes 
of subsection 7.1 (1) of the Act; in other words,  these pesticides may be used for cosmetic 
purposes and, therefore, are proposed to be ba nned for use. Domestic products which contain 
these pesticides are proposed to be banned  for sale under 7.1 (4) of the Act.   
 G/TBT/N/CAN/255 
Page 2  
 
  A list of domestic products that may be used for cosmetic and non-cosmetic uses are proposed 
for restricted sale. These products would be  inaccessible to the pub lic and the retail vendor 
would be required to provide information that  these products must only be used for non-
cosmetic or excepted uses (e.g. health or safety). 
Exceptions to the Ban:  
For the purposes of subsection 7.1(2) of the Ac t, the following terms are defined in section 18 
of the proposed Regulation as excepted uses:  
a) Agriculture;  b) Forestry;  c) Golf courses; and  
d) Promotion of public health or safety. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human health and the environment  
8. Relevant documents:   Ontario Environmental Registry We bsite, Regulation Proposal Notice, 
posted: 7 November 2008 (availab le in English and French) 
The documents linked below are provided for the purposes of enhancing public consultation.  
(All links will open in a new window.) 
1. Draft General Regulation  
2. Pesticides Act  
3. Proposed Class 1 Pesticides  
4. Proposed Class 2 Pesticides  
5. Proposed Class 3 Pesticides  
6. Proposed Class 4 Pesticides  
7. Proposed Class 5 Pesticides  
8. Proposed Class 6 Pesticides  
9. Proposed Class 7 Pesticides  
10 Proposed Class 8 Pesticides  
11.Proposed Class 9 Pesticides  
12.Proposed Class 10 Pesticides  
13.Proposed Class 11 Pesticides  
14.Proposed Notice and Warning Signs  
9. Proposed date of adoption:   
Proposed date of entry into force:    Not stated 
It is anticipated that the province-wide ban would take effect as early as spring 2009, once the regulation that makes the ban effective is in place. 
10. Final date for comments:  15 January 2009  G/TBT/N/CAN/255 
 Page 3 
 
 
  11. Text available from: National enquiry po int [ X], or address, telephone and fax 
numbers, e-mail and web-site addres ses, if available of the other body:   The electronic 
version of the Regulation Proposal  Notice can be downloaded at:  
http://www.ebr.gov.on.ca/ERS-WEB-
External/displaynoticecontent.do?noticeId= MTA0OTk2&statusId=MTU3MjYz&language=e
n (English)  
http://www.ebr.gov.on.ca/ERS-WEB-
External/displaynoticecontent.do?no ticeId=MTA0OTk2&statusId=MTU3MjYz  (French)