This enactment amends the Feeds Act, the Seeds Act and the Pest Control Products Act to provide for provisional registration or approval of feeds, seeds and pest control products that are already approved by two or more trusted jurisdictions.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

trusted jurisdiction means a foreign state or a subdivision of a foreign state that is designated by regulation; (État de confiance)

• (a) has, in accordance with the regulations, been approved by the Minister, or registered, Insertion start on a provisional or final basis Insertion end ;

Provisional and Final Approval or Registration

Provisional approval or registration

4.‍1 (1) If a feed is approved for manufacture, sale or import under the legislation of at least two trusted jurisdictions, the Minister must, in accordance with the regulations, approve or register the feed on a provisional basis within 90 days of the submission of a complete application for approval or registration of the feed, unless during that time, the feed is found not to be in compliance with this Act or the regulations.

Final approval or registration

(2) Once an application for approval or registration of a feed has been evaluated, the Minister must, in accordance with the regulations, approve or register the feed on a final basis if the feed is found to be in compliance with this Act and the regulations.

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  (a.‍1) designating, as trusted jurisdictions, foreign states or subdivisions of foreign states for the purposes of this Act;

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• (b) respecting the registration of feeds Insertion start on a provisional or final basis Insertion end and prescribing fees for registration Insertion start on a final basis Insertion end ;

• (b.‍1) respecting the approval of feeds Insertion start on a provisional or final basis Insertion end ;

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  (b.‍2) respecting, in relation to the Minister’s evaluation of a feed on application for its registration or approval, the reliance that may be placed on evidence and information furnished in connection with the feed’s approval for manufacture, sale or import under the legislation of any trusted jurisdiction;

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• (c) respecting the duration and cancellation of the registration or approval of feeds Insertion start on a provisional or final basis Insertion end ;

• (h) providing that feeds registered, Insertion start on a provisional or final basis Insertion end , under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act;

trusted jurisdiction means a foreign state or a subdivision of a foreign state that is designated by regulation; (État de confiance)

• (b) sell or advertise for sale in Canada or import into Canada seed of a variety that is not registered, Insertion start on a provisional or final basis Insertion end , in the prescribed manner.

Provisional and Final Registration

Provisional registration

3.‍3 (1) If a variety of seed is approved for sale under the legislation of at least two trusted jurisdictions, the Registrar must register the variety, in accordance with the regulations, on a provisional basis within 90 days of the submission of a complete application, as prescribed, for the registration of the variety unless, during that time, the Registrar determines that the prescribed requirements are not met.

Final registration

(2) Once an application for the registration of a variety has been evaluated, the Registrar must register the variety, in accordance with the regulations, on a final basis if the prescribed requirements are met.

Registrar

(3) For the purposes of this section, Registrar means the person designated by the President of the Canadian Food Inspection Agency to register varieties.

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  (h.‍11) designating, as trusted jurisdictions, foreign states or subdivisions of foreign states for the purposes of this Act;

• (h.‍12) respecting, in relation to the evaluation of a variety of seed on application for its registration, the reliance that may be placed on evidence and information furnished in connection with the seed’s approval for sale under the legislation of any trusted jurisdiction;

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• (h.‍2) respecting the registration, Insertion start on a provisional or final basis Insertion end , of varieties of seeds and the amendment of the register of such varieties;

• (a) any conditions specified by the Minister under paragraph Insertion start 7.‍1(1)‍(a) or Insertion end 8(1)‍(a) or subsection 8(2) or when amending the registration of a pest control product under this Act; and

trusted jurisdiction means a foreign state or a subdivision of a foreign state that is designated by regulation.‍ (État de confiance)

Approval by trusted jurisdictions

(2.‍2) For the purposes of subsection (1), if a pest control product is approved for use under the legislation of at least two trusted jurisdictions, the applicant may apply to register the pest control product on a provisional basis, in accordance with the regulations, by including information that is available from the reviews or evaluations of the pest control product conducted by the relevant authorities of those trusted jurisdictions.

Evaluation of pest control product

(3) If the Minister is satisfied that the application has been made in accordance with Insertion start any of subsections Insertion end (1) Insertion start to (2.‍2) Insertion end , the Minister Insertion start must Insertion end

Comparative risk and value assessment

(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

• (a) information regarding the risks and value of other pest control products that are registered for the same use; Insertion start and Insertion end

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  (b) information that is available from a review or evaluation of the pest control product conducted by the relevant authority of a trusted jurisdiction.

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Provisional registration

7.‍1 (1) If, within 90 days of the submission of a complete application made in accordance with subsections 7(1) and (2.‍2), the Minister does not determine that the health and environmental risks and the value of the pest control product are unacceptable, the Minister must register the pest control product on a provisional basis in accordance with the regulations, if any, by

• (a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposition, including conditions relating to its composition, and, subject to subsection 8(2), the conditions relating to its label; and

• (b) assigning a registration number to the product.

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Provision of safety information to workplaces

(2) Without limiting the generality of paragraph (1)‍(a), the Minister must specify, as a condition of registration on a provisional basis, 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).

Period of validity

(3) Registration of a pest control product on a provisional basis is valid until either the pest control product is registered under section 8 or the application for registration is withdrawn or denied.

• (i) to register Insertion start under section 8 Insertion end a pest control product that is or contains an unregistered active ingredient, or

• (ii) to register Insertion start under section 8 Insertion end , or amend the registration of, a pest control product if the Minister considers that registration or amendment of the registration may result in significantly increased health or environmental risks;

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  (e.‍1) designating, as trusted jurisdictions, foreign states or subdivisions of foreign states for the purposes of this Act;

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• (f) respecting the registration Insertion start and provisional registration Insertion end of pest control products, including the types of registration for classes of products, and, for each type,

(2) If subsection 4(1) of this Act comes into force before subsection 102(1) of the other Act, then

• (a) that subsection 102(1) is deemed never to have come into force and is repealed; and

• (b) subsection 5(1) of the Feeds Act is amended by adding the following after paragraph (b.‍2):

• (b.‍3) respecting the amendment of any of the conditions to which the registration or approval of feeds are subject by reason of subsection 5.‍31(2);

(3) If subsection 102(1) of the other Act comes into force before subsection 4(1) of this Act, then

• (a) subsection 4(1) is deemed never to have come into force and is repealed; and

• (b) paragraphs 5(1)‍(b) to (c) of the Feeds Act are replaced by the following:

• (a.‍1) designating, as trusted jurisdictions, foreign states or subdivisions of foreign states for the purposes of this Act;

• (b) respecting the registration of feeds on a provisional or final basis and prescribing fees for registration on a final basis;

• (b.‍1) respecting the approval of feeds on a provisional or final basis;

• (b.‍2) respecting, in relation to the Minister’s evaluation of a feed on application for its registration or approval, the reliance that may be placed on evidence and information furnished in connection with the feed’s approval for manufacture, sale or import under the legislation of any trusted jurisdiction;

• (b.‍3) respecting the amendment of any of the conditions to which the registration or approval of feeds are subject by reason of subsection 5.‍31(2);

• (c) respecting the duration and cancellation of the registration or approval of feeds on a provisional or final basis;

(4) If subsection 4(1) of this Act comes into force on the same day as subsection 102(1) of the other Act, then subsection 4(1) is deemed to have come into force before that subsection 102(1) and subsection (2) applies as a consequence.

(5) If section 7 of this Act comes into force before subsection 113(1) of the other Act, then

• (a) that subsection 113(1) is deemed never to have come into force and is repealed;

• (b) the Seeds Act is amended by adding the following after section 3.‍2:

  Release of seeds

  3.‍21 (1) A person must not release seed, except in accordance with the regulations.

  Non-application

  (2) Subsection (1) does not apply to seed described in section 108 of the Seeds Regulations.

  • (c) subsection 113(2) of the other Act is replaced by the following:

  (2) Subsection 3.‍21(2) of the Act is replaced by the following:

  Non-application

  (2) Subsection (1) does not apply to prescribed seed.

  (6) If subsection 113(1) of the other Act comes into force before section 7 of this Act, then

  • (a) section 7 is deemed never to have come into force and is repealed; and

  • (b) the Seeds Act is amended by adding the following after subsection 3.‍3:

  Provisional and Final Registration

  Provisional registration

  3.‍4 (1) If a variety of seed is approved for sale under the legislation of at least two trusted jurisdictions, the Registrar must register the variety, in accordance with the regulations, on a provisional basis within 90 days of the submission of a complete application, as prescribed, for the registration of the variety unless, during that time, the Registrar determines that the prescribed requirements are not met.

  Final registration

  (2) Once an application for the registration of a variety has been evaluated, the Registrar must register the variety, in accordance with the regulations, on a final basis if the prescribed requirements are met.

  Registrar

  (3) For the purposes of this section, Registrar means the person designated by the President of the Canadian Food Inspection Agency to register varieties.

  (7) If section 7 of this Act comes into force on the same day as subsection 113(1) of the other Act, then that subsection 113(1) is deemed to have come into force before section 7 and subsection (6) applies as a consequence.