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| Register
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42. (1) The Minister shall establish and
maintain a Register of Pest Control Products
in accordance with the regulations, if any, that
contains information about pest control
products, including information about
applications, registrations, re-evaluations and
special reviews.
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| Contents of
Register
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(2) The Register shall contain the following
information:
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(a) for each application to register or amend
the registration of a pest control product,
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(i) the active ingredient of the product,
proposed new uses for it or any uses
proposed to be withdrawn, and
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(ii) how the application was disposed of
or whether it was withdrawn;
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(b) the conditions of registration,
registration number and registration
validity period for each registered pest
control product;
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(c) information, in respect of each
registered pest control product, that is
provided by applicants and registrants
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(i) in support of an application for
registration or for the amendment of a
registration, or
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(ii) for the purposes of a re-evaluation or
special review;
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(d) information provided by applicants and
registrants that is used to specify maximum
residue limits;
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(e) information, in respect of each
registered pest control product, that is
considered by the Minister under
paragraphs 7(6)(b) and 19(1)(c);
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(f) any reports of the evaluation of the health
and environmental risks and the value of
registered pest control products prepared by
the Minister;
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(g) any advice from a person or body
referred to in paragraph 44(1)(f), unless
disclosure of the advice may be refused
under section 23 of the Access to
Information Act;
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(h) the status, including cancelled status, of
all registrations to which this Act applies;
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(i) information provided to the Minister
pursuant to subsection 8(5);
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(j) notices delivered under subsections
12(1), 16(3) and 18(1) and paragraph
19(1)(a);
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(k) conclusions of the Minister that were
made public under section 15;
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(l) consultation statements and decision
statements made public under subsections
28(2) and (5), respectively;
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(m) notices of objection filed under
subsections 35(1) and (2), public notices
given under subsection 35(4) and the
Minister's decisions and reasons under
subsections 35(5) and 39(2);
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(n) authorizations under sections 33 and 41
and amendments and cancellations under
sections 34 and 41; and
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(o) any other information required by this
Act or the regulations to be included in the
Register.
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| Evaluation
reports
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(3) An evaluation report referred to in
paragraph (2)(f) shall contain a summary of
the information considered and shall contain
any confidential test data and confidential
business information that the Minister
considers appropriate.
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| Public access
to information
in the Register
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(4) The Minister shall allow the public to
have access to, and copies of, any information
in the Register that
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(a) is not confidential test data or
confidential business information; or
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(b) is confidential test data that has been
made subject to public disclosure in
accordance with the regulations made
under paragraph 67(1)(m).
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| Access to
evaluation
reports
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(5) The Minister shall allow the public to
obtain a copy of any evaluation report in the
Register, except for any confidential business
information that it contains.
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| Means of
access to
information in
Register
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(6) Information in the Register that the
public may obtain a copy of under this Act or
the regulations shall be made available to the
public in as convenient a manner as
practicable.
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| Electronic
public registry
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(7) The Minister shall establish an
electronic public registry, which shall include
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(a) the information referred to in subsection
(6), as soon as reasonably practicable;
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(b) memoranda of understanding among
federal government departments relating to
the regulation of pest control products;
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(c) reports of international harmonization
activities relating to the regulation of pest
control products;
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(d) regulations and proposed regulations
under this Act when published in the
Canada Gazette; and
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(e) policies, guidelines and codes of
practice relating to the regulation of pest
control products when proposed for public
consultation, and their final texts when
adopted.
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| Consultation
with public
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42.1 The public shall be consulted as to
policies, guidelines and codes of practice
relating to the regulation of pest control
products.
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| Confidential
test data
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43. (1) A person who wishes to inspect
confidential test data in the Register must
submit to the Minister
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(a) an application in the form and manner
directed by the Minister; and
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(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
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(i) the purpose of the inspection, and
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(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.
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| Right to
inspection
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(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
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(a) use the test data in order to register a pest
control product in Canada or elsewhere, or
to amend a registration; or
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(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.
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| Notice to
registrant
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(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.
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| Denial of
application
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(3) The Minister shall deny an application
if the Minister is satisfied that
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(a) the applicant intends to use the test data
for a purpose referred to in subsection (2);
or
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(b) the applicant has used test data obtained
from a prior inspection for a purpose
referred to in subsection (2).
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| Confidential
business
information
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(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
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(a) manufacturing or quality control
processes relating to a pest control product;
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(b) methods for determining the
composition of a pest control product; or
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(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.
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| Formulants
and
contaminants
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(5) Unless otherwise excluded by the
regulations, if any, made under paragraph
67(1)(n), confidential business information
also includes information that
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(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
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(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.
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| Designation
not
satisfactory
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(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.
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| Notice
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(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.
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| Interpretation
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(8) Nothing in this Act shall be construed as
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(a) preventing the Minister from refusing to
disclose confidential test data or
confidential business information under the
Access to Information Act; or
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(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
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(i) in documents referred to in
subsections 28(6), 39(2) and 42(3), or
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(ii) under the authority of the regulations
made under paragraph 67(1)(m).
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| Offence and
punishment
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(9) Every person who makes a false
statement in an affidavit or a statutory
declaration referred to in subsection (1) is
guilty of an offence and liable
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(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
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(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.
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| Permitted
disclosure
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44. (1) The Minister may, in accordance
with the regulations, if any, disclose
confidential test data or confidential business
information that has been provided under this
Act or is in the Register to
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(a) any person who provides services to Her
Majesty in right of Canada for the purpose
of protecting human health or safety or the
environment;
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(b) an international organization or the
government of a province or a country that
is a party to an agreement with Her Majesty
in right of Canada or an agent of Her
Majesty, relating to the exchange of
information about pest control products;
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(c) a medical professional who requests the
information for the purpose of making a
medical diagnosis or giving medical
treatment to a person;
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(d) a department or an agency of the federal
or a provincial government that requests the
information in order to respond to a
situation that endangers human health or
safety or the environment;
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(e) a review panel established by the
Minister under subsection 35(3); or
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(f) any other person or body, including an
advisory council established under
subsection 5(1), from whom the Minister
requests advice for the purposes of this Act.
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| Protection of
disclosed
information
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(2) Before disclosing information under
paragraph (1)(b), the Minister must be
satisfied that the party to the agreement, other
than Her Majesty in right of Canada or an
agent of Her Majesty, can provide protection
from unfair commercial use or disclosure of
the information that is consistent with the
protection provided under this Act.
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| Prohibition
against
disclosure
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(3) No person shall disclose information
obtained under subsection (1) unless
authorized by the person who provided the
information to the Minister or unless
authorized under the Access to Information
Act, this Act or the regulations.
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| Prohibition
against use
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(4) No person shall use information
obtained under subsection (1) for any purpose
other than the purpose for which it was
obtained, unless authorized by the person who
provided the information to the Minister.
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| Offence and
punishment
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(5) Every person who contravenes
subsection (3) or (4) is guilty of an offence and
liable
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(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
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(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.
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| Security
measures
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(6) Every person who obtains information
under subsection (1) shall comply with any
prescribed security measures and take all
reasonable precautions to avoid any
prohibited disclosure of the information.
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| Offence and
punishment
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(7) Every person who contravenes
subsection (6) is guilty of an offence and liable
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(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
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(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.
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