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| Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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| Primary
objective
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4. (1) In the administration of this Act, the
Minister's primary objective is to prevent
unacceptable risks to people and the
environment from the use of pest control
products.
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| Ancillary
objectives
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(2) Consistent with, and in furtherance of,
the primary objective, the Minister shall
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(a) support sustainable development
designed to enable the needs of the present
to be met without compromising the ability
of future generations to meet their own
needs;
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(b) seek to minimize health and
environmental risks posed by pest control
products and encourage the development
and implementation of innovative,
sustainable pest management strategies by
facilitating access to pest control products
that pose lower risks and by other
appropriate measures;
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(c) encourage public awareness in relation
to pest control products by informing the
public, facilitating public access to relevant
information and public participation in the
decision-making process; and
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(d) ensure that only those pest control
products that are determined to be of
acceptable value are approved for use in
Canada.
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| Protection of
future
generations
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4.1 For greater certainty, protection and
consideration afforded to children in this Act
shall also extend to future generations.
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| Establishment
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5. (1) In carrying out duties under this Act,
the Minister may establish an advisory council
of persons whose interests and concerns are
affected by this Act, and may specify the
functions of the council and the means by
which it is to perform those functions.
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| Report to
Minister
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(2) The advisory council shall give any
report that it makes, including its
recommendations and the reasons for them, to
the Minister, who shall place it in the Register.
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| Unregistered
pest control
products
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6. (1) No person shall manufacture, possess,
handle, store, transport, import, distribute or
use a pest control product that is not registered
under this Act, except as otherwise authorized
under subsection 21(5) or 41(1), any of
sections 53 to 59 or the regulations.
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| Conditions of
registration
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(2) No person shall manufacture, import,
export or distribute a registered pest control
product unless it conforms to the conditions of
registration respecting its composition and the
person complies with the other conditions of
registration.
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| Packaging of
pest control
products
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(3) No person shall store, import, export or
distribute a pest control product that is not
packaged in accordance with the regulations
and the conditions of registration.
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| Defence
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(4) A person shall not be found to have
contravened subsection (3) if it is established
that the person reasonably believed that the
pest control product was packaged in
accordance with the regulations and the
conditions of registration.
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| Misuse of pest
control
products
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(5) No person shall handle, store, transport,
use or dispose of a pest control product in a
way that is inconsistent with
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(b) if the product is registered, the
directions on the label recorded in the
Register, subject to the regulations.
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| Defence
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(6) A person shall not be found to have
contravened subsection (5) if it is established
that the person
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(a) reasonably believed that the directions
on the label accompanying the pest control
product complied with the regulations or, if
the product is registered, with the directions
on the label recorded in the Register; and
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(b) handled, stored, transported, used or
disposed of the product in accordance with
the directions on the label accompanying it.
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| Packaging
and
advertisement
of pest control
products
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(7) No person shall package or advertise a
pest control product in a way that is false,
misleading or likely to create an erroneous
impression regarding its character, value,
quantity, composition, safety or registration.
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| Activities that
endanger
health, etc.
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(8) No person shall manufacture, possess,
handle, store, transport, distribute, use or
dispose of a pest control product in a way that
endangers human health or safety or the
environment.
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| Offence and
punishment
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(9) A person who contravenes any provision
of this section 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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| Application to
Minister
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7. (1) An application to register a pest
control product or to amend the product's
registration must be made to the Minister in
the form and manner directed by the Minister
and must include any information or other
thing that is required by the regulations to
accompany the application.
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| Use of
information
provided by
other
registrants
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(2) If the Minister is satisfied that any
information referred to in subsection (1) has
been provided by a registrant of a pest control
product, the active ingredient of which the
Minister has determined to be equivalent to
the active ingredient in the applicant's
product, the Minister shall, subject to and in
accordance with the regulations made under
paragraph 67(1)(h), permit the applicant to
use or rely on that information.
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| Foreign
review or
evaluation
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(2.1) For the purposes of subsection (1), the
applicant may include information that is
available from a review or evaluation of a pest
control product conducted by the government
of another member country of the
Organisation for Economic Co-operation and
Development if the proposed use of the pest
control product in Canada would be under
conditions similar to those under which the
foreign review or evaluation was conducted.
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| Evaluation of
pest control
product
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(3) If the Minister is satisfied that the
application has been made in accordance with
subsection (1), (2) or (2.1), the Minister shall
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(a) in accordance with the regulations, if
any, conduct any evaluations that the
Minister considers necessary with respect
to the health or environmental risks or the
value of the pest control product;
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(b) expedite evaluations with respect to a
pest control product that may reasonably be
expected to pose lower health or
environmental risks; and
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(c) carry out any consultation required by
section 28.
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| Other
information
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(4) The Minister may, by delivering a notice
in writing, request an applicant to provide the
Minister with other information in support of
the application within the time and in the form
specified in the notice.
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| Denial of
application
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(5) The Minister shall deny an application
if the applicant does not comply with a notice
under subsection (4).
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| Burden of
persuasion
and
consideration
of information
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(6) During an evaluation,
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(a) the applicant has the burden of
persuading the Minister that the health and
environmental risks and the value of the
pest control product are acceptable; and
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(b) the Minister shall consider the
information provided by the applicant in
support of the application and may consider
additional information, but the Minister
shall give the applicant a reasonable
opportunity to make representations in
respect of the additional information before
completing the evaluation.
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| Scientific
approach
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(7) In evaluating the health and
environmental risks of a pest control product
and in determining whether those risks are
acceptable, the Minister shall
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(a) apply a scientifically based approach;
and
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(b) in relation to health risks, if a decision
referred to in paragraph 28(1)(a) or (b) is
being made or has been made in relation to
a pest control product,
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(i) among other relevant factors, consider
available information on aggregate
exposure to the pest control product,
namely dietary exposure and exposure
from other non-occupational sources,
including drinking water and use in and
around homes and schools, and
cumulative effects of the pest control
product and other pest control products
that have a common mechanism of
toxicity,
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(ii) apply appropriate margins of safety to
take into account, among other relevant
factors, the use of animal
experimentation data and the different
sensitivities to pest control products of
major identifiable subgroups, including
pregnant women, infants, children,
women and seniors, and
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(iii) in the case of a threshold effect, if the
product is proposed for use in or around
homes or schools, apply a margin of
safety that is ten times greater than the
margin of safety that would otherwise be
applicable under subparagraph (ii) in
respect of that threshold effect, to take
into account potential pre- and post-natal
toxicity and completeness of the data
with respect to the exposure of, and
toxicity to, infants and children unless,
on the basis of reliable scientific data, the
Minister has determined that a different
margin of safety would be appropriate.
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| Government
policy to be
given effect in
evaluation
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(8) In evaluating the health and
environmental risks and the value of a pest
control product, the Minister shall give effect
to government policy.
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| Comparative
risk and value
assessment
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(9) In determining whether the health and
environmental risks and the value of a pest
control product are acceptable, the Minister
may, in accordance with the regulations, if
any, take into account information regarding
the risks and value of other pest control
products that are registered for the same use.
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| Representatio
ns
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(10) For the purposes of subsection (9), the
Minister shall, before making the
determination, give the applicant a reasonable
opportunity to make representations in respect
of the information referred to in that
subsection.
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| Registration
or amendment
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8. (1) If the Minister considers that the
health and environmental risks and the value
of the pest control product are acceptable after
any required evaluations and consultations
have been completed, the Minister shall
register the product or amend its registration
in accordance with the regulations, if any, by
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(a) specifying the conditions relating to its
manufacture, handling, storage, transport,
import, export, packaging, distribution, use
or disposal, including conditions relating to
its composition and, subject to subsection
(2), its label;
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(b) assigning a registration number to the
product in the case of a new registration
and, where the Minister considers it
appropriate, in the case of an amendment;
and
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(c) specifying the period for which the
registration or amended registration is
valid, which period may be either finite or
indefinite.
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| Conditions
relating to
label
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(2) The Minister may specify conditions
relating to the label of a pest control product,
otherwise than in accordance with the
regulations, if the Minister is satisfied that the
purposes of this Act can be met by so doing.
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| Provision of
safety
information to
workplaces
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(3) Without limiting the generality of
paragraph (1)(a), the Minister shall specify, as
a condition of registration, the requirement for
product safety information, including a
material safety data sheet for the product, to be
provided to workplaces where the pest control
product is used or manufactured, in
accordance with the regulations made under
paragraph 67(1)(s).
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| Denial of
application
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(4) The Minister shall deny an application
referred to in subsection 7(1) if the Minister
does not consider that the health or
environmental risks of a pest control product
are, or its value is, acceptable.
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| Sales data
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(5) A registrant of a pest control product
shall, as a condition of registration, record,
retain and report to the Minister information
on sales of the product in the form and manner
directed by the Minister and in accordance
with the regulations made under paragraph
67(1)(u).
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| Former
registrants
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(6) The obligation under subsection (5) to
retain and report sales information in respect
of a pest control product continues to apply to
a former registrant after that product ceases to
be registered.
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| Specification
at time of
registration
decision
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9. When making a decision regarding the
registration of a pest control product, the
Minister shall, if necessary, specify any
maximum residue limits for the product or for
its components or derivatives that the Minister
considers appropriate in the circumstances.
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| Specification
for
unregistered
products and
uses
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10. (1) The Minister may specify maximum
residue limits for an unregistered pest control
product or its components or derivatives, or
for a registered pest control product or its
components or derivatives with respect to a
use that is not provided for by its registration,
whether or not an application under
subsection (2) is made for that purpose.
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| Application
for
specification
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(2) Any person may make an application to
the Minister to specify maximum residue
limits pursuant to subsection (1). Section 7,
with any necessary modifications, applies to
that application.
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| Evaluation of
health risks
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(3) When specifying maximum residue
limits for a pest control product or its
components or derivatives pursuant to
subsection (1), the Minister shall evaluate
only the health risks of the product or its
components or derivatives.
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| Health risks to
be considered
acceptable
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11. (1) The health risks associated with
maximum residue limits specified by the
Minister under sections 9 and 10 must be
considered to be acceptable by the Minister.
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| Relevant
factors
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(2) If a decision referred to in paragraph
28(1)(a) or (b) is being made or has been made
in relation to a pest control product, the
Minister shall, in evaluating and determining
whether the health risks associated with
maximum residue limits for that pest control
product or its components or derivatives are
acceptable under subsection (1),
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(a) among other relevant factors, consider
available information on
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(i) aggregate exposure to the pest control
product, namely dietary exposure and
exposure from other non-occupational
sources, including drinking water and use
in and around homes and schools,
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(ii) cumulative effects of the pest control
product and other pest control products
that have a common mechanism of
toxicity, and
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(iii) the different sensitivities to pest
control products of major identifiable
subgroups, including pregnant women,
infants, children, women and seniors;
and
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(b) in the case of a threshold effect, apply a
margin of safety that is ten times greater
than the margin of safety that would
otherwise be applicable under
subparagraph 7(7)(b)(ii) or 19(2)(b)(ii) in
respect of that threshold effect, to take into
account potential pre- and post-natal
toxicity and completeness of the data with
respect to the exposure of, and toxicity to,
infants and children, unless, on the basis of
reliable scientific data, the Minister has
determined that a different margin of safety
would be appropriate.
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