Bill C-8
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
HER MAJESTY |
|
Binding on
Her Majesty
|
3. This Act is binding on Her Majesty in
right of Canada or a province.
|
|
|
MANDATE |
|
Primary
objective
|
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.
|
|
Ancillary
objectives
|
(2) Consistent with, and in furtherance of,
the primary objective, the Minister shall
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Protection of
future
generations
|
4.1 For greater certainty, protection and
consideration afforded to children in this Act
shall also extend to future generations.
|
|
|
ADVISORY COUNCIL |
|
Establishment
|
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.
|
|
Report to
Minister
|
(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.
|
|
|
PROHIBITIONS |
|
Unregistered
pest control
products
|
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.
|
|
Conditions of
registration
|
(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.
|
|
Packaging of
pest control
products
|
(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.
|
|
Defence
|
(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.
|
|
Misuse of pest
control
products
|
(5) No person shall handle, store, transport,
use or dispose of a pest control product in a
way that is inconsistent with
|
|
|
|
|
|
|
|
Defence
|
(6) A person shall not be found to have
contravened subsection (5) if it is established
that the person
|
|
|
|
|
|
|
|
Packaging
and
advertisement
of pest control
products
|
(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.
|
|
Activities that
endanger
health, etc.
|
(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.
|
|
Offence and
punishment
|
(9) A person who contravenes any provision
of this section is guilty of an offence and liable
|
|
|
|
|
|
|
|
|
REGISTRATION OF PEST CONTROL PRODUCTS |
|
|
Applications for Registration or Amendment |
|
Application to
Minister
|
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.
|
|
Use of
information
provided by
other
registrants
|
(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.
|
|
Foreign
review or
evaluation
|
(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.
|
|
Evaluation of
pest control
product
|
(3) If the Minister is satisfied that the
application has been made in accordance with
subsection (1), (2) or (2.1), the Minister shall
|
|
|
|
|
|
|
|
|
|
|
Other
information
|
(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.
|
|
Denial of
application
|
(5) The Minister shall deny an application
if the applicant does not comply with a notice
under subsection (4).
|
|
Burden of
persuasion
and
consideration
of information
|
(6) During an evaluation,
|
|
|
|
|
|
|
|
Scientific
approach
|
(7) In evaluating the health and
environmental risks of a pest control product
and in determining whether those risks are
acceptable, the Minister shall
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Government
policy to be
given effect in
evaluation
|
(8) In evaluating the health and
environmental risks and the value of a pest
control product, the Minister shall give effect
to government policy.
|
|
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 information regarding
the risks and value of other pest control
products that are registered for the same use.
|
|
Representatio
ns
|
(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.
|
|
Registration
or amendment
|
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
|
|
|
|
|
|
|
|
|
|
|
Conditions
relating to
label
|
(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.
|
|
Provision of
safety
information to
workplaces
|
(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).
|
|
Denial of
application
|
(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.
|
|
Sales data
|
(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).
|
|
Former
registrants
|
(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.
|
|
|
Maximum Residue Limits |
|
Specification
at time of
registration
decision
|
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.
|
|
Specification
for
unregistered
products and
uses
|
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.
|
|
Application
for
specification
|
(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.
|
|
Evaluation of
health risks
|
(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.
|
|
Health risks to
be considered
acceptable
|
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.
|
|
Relevant
factors
|
(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),
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|