Pest Control Products Act (S.C. 2002, c. 28)

Marginal note:Discretion of Minister — aspect already covered

• 17.1 (1) Despite section 17, the Minister may decide not to initiate a special review in relation to a pest control product if a re-evaluation of, or a special review in relation to, the product has already been initiated that includes the aspect of the product that would otherwise prompt a special review.

• Marginal note:Discretion of Minister — previous decision statement

  (2) Despite subsection 17(2), the Minister may decide not to initiate a special review of a registered pest control product under that subsection if

  • (a) the Minister made public under subsection 28(5) a decision statement respecting a re-evaluation of, or a special review in relation to, that product;

  • (b) the aspect of the product that would otherwise prompt a special review was addressed by the re-evaluation or special review referred to in paragraph (a); and

  • (c) the Minister determines that there is no additional information in relation to the health or environmental risks of the product that provides the Minister with reasonable grounds to believe that those risks are unacceptable.

Marginal note:Duty to make decisions public

17.2 The Minister shall make public each of the following decisions and the reasons for it:

• (a) a decision made under subsection 17(7) to expand the scope of a re-evaluation or special review to include an aspect that would otherwise prompt a new special review under subsection 17(2);

• (b) a decision made under subsection 17.1(1) or (2) not to initiate a special review in relation to an aspect that would otherwise prompt such a review under subsection 17(2).

Marginal note:Notice requesting information

• 18 (1) A special review of a pest control product is initiated by the Minister delivering a notice in writing to the registrant explaining the reasons for initiating the special review and, if considered necessary by the Minister, requiring the registrant to provide information in the form and within the period specified in the notice.

• Marginal note:Request for information from departments and provinces

  (2) After the special review is initiated, the Minister shall deliver a notice to federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system requesting them to provide, in the form and within the period specified in the notice, information in respect of the health and environmental risks and the value of the product that is under special review.

• Marginal note:Provision of information if more than one registrant

  (3) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent,

  • (a) two or more registrants may provide the information required under subsection (1) or paragraph 19(1)(a) jointly; and

  • (b) if the Minister is satisfied that the information required under subsection (1) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations, permit another registrant to use or rely on that information to meet the requirements under that subsection or paragraph.

• Marginal note:If active ingredients not equivalent

  (3.1) If the active ingredients of a registered pest control product that is subject to the special review are not equivalent to the active ingredients in another registrant’s registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the registrant whose product is subject to the special review to use or rely on information provided by the other registrant if the Minister is satisfied that the information is necessary for the special review.

• Marginal note:Evaluation of pest control product

  (4) After the special review is initiated, the Minister shall, in accordance with the regulations, if any, evaluate only the aspects of the pest control product that are within the scope of the special review and shall carry out the consultations required by section 28.

Marginal note:Burden of persuasion and consideration of information

• 19 (1) During an evaluation that is done in the course of a re-evaluation or special review,

  • (a) the Minister may, by delivering a notice in writing, require the registrant to provide, in the form and within the period specified in the notice, additional information that the Minister considers necessary for the evaluation;

  • (b) the registrant has the burden of persuading the Minister that the health and environmental risks and the value of the pest control product are acceptable; and

  • (c) the Minister shall consider the information provided by the registrant in support of the product and may consider any additional information, but the Minister shall give the registrant a reasonable opportunity to make representations in respect of the additional information before completing the evaluation.

• Marginal note:Scientific approach

  (2) In evaluating the health and environmental risks of a pest control product and in determining whether those risks are acceptable, the Minister shall

  • (a) apply a scientifically based approach; and

  • (b) in relation to health risks,

    • (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,

    • (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

    • (iii) in the case of a threshold effect, if the product is used 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.

• Marginal note:Government policy to be given effect in evaluation

  (3) In evaluating the health and environmental risks and the value of a pest control product, the Minister shall give effect to government policy.

• Marginal note:Comparative risk and value assessment

  (4) 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.

• Marginal note:Representations

  (5) For the purposes of subsection (4), the Minister shall, before making the determination, give any registrant whose product is under re-evaluation or special review a reasonable opportunity to make representations in respect of the information referred to in that subsection.

Marginal note:Cancellation or amendment

• 20 (1) The Minister may cancel or amend the registration of a pest control product if

  • (a) the registrant fails to satisfy a requirement under subsection 16(3) or 18(1) or paragraph 19(1)(a); or

  • (b) in the course of a re-evaluation or special review, the Minister has reasonable grounds to believe that the cancellation or amendment is necessary to deal with a situation that endangers human health or safety or the environment, taking into account the precautionary principle set out in subsection (2).

• Marginal note:Precautionary principle

  (2) Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent adverse health impact or environmental degradation.

• Marginal note:Rescission of action

  (3) The Minister may rescind any action taken under subsection (1) if the circumstances that prompted it cease to exist.

• Marginal note:Refusal to consider applications

  (4) If the registration of a pest control product is cancelled or amended under paragraph (1)(a), the Minister may, for a prescribed period, refuse to consider any application made in respect of that product by the registrant.

Marginal note:Confirmation

• 21 (1) If the Minister considers that the health and environmental risks and the value of a pest control product are acceptable after any required evaluations and consultations have been completed, the Minister shall confirm the registration.

• Marginal note:Amendment or cancellation

  (2) If the Minister does not consider that the health or environmental risks or value of a pest control product are acceptable, the Minister shall

  • (a) amend the registration if the Minister considers that the health and environmental risks and value of the product would be acceptable after the amendment; or

  • (b) cancel the registration.

• Marginal note:Delay of effective date

  (3) The Minister may delay the effective date of the amendment or cancellation if

  • (a) no suitable alternative to the use of the pest control product is available; and

  • (b) the Minister considers that the health and environmental risks and value of the product are acceptable until the effective date of the amendment or cancellation.

• Marginal note:Conditions on delay

  (4) A delay is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act.

• Marginal note:Continued possession, etc., of existing stocks

  (5) When cancelling the registration of a pest control product under this section or any other provision of this Act, the Minister may

  • (a) allow the continued possession, handling, storage, distribution and use of stocks of the product in Canada at the time of cancellation, subject to any conditions, including disposal procedures, that the Minister considers necessary for carrying out the purposes of this Act;

  • (b) require the registrant to recall and dispose of the product in a manner specified by the Minister; or

  • (c) seize and dispose of the product.

Other Grounds for Cancellation or Amendment

Marginal note:Discontinuation of sale of product

• 22 (1) A registrant who intends to discontinue the sale of a pest control product for one or more uses for which it is registered shall notify the Minister of that intention in the form and manner directed by the Minister.

• Marginal note:Reasons for discontinuation

  (2) The Minister may deliver a notice in writing to the registrant requiring the registrant to explain the reasons for the discontinuation.

• Marginal note:Cancellation or amendment of registration

  (3) On receipt of notification under subsection (1), the Minister shall cancel or amend the registration, as the case may be, as of a date to be determined by the Minister and, pending that date, may impose any conditions that the Minister considers necessary for carrying out the purposes of this Act.

Marginal note:Non-payment of fees, fines, etc.

• 23 (1) If a registrant fails to pay a fee, fine, penalty, charge or cost that the registrant is liable to pay under or in relation to this Act, the Minister may

  • (a) cancel or amend any registration in the registrant’s name; and

  • (b) refuse to consider any application made by the registrant under this Act.

• Marginal note:Representations

  (2) Before taking any action under subsection (1) in relation to charges or costs, the Minister shall give the registrant a reasonable opportunity to make representations.

• Marginal note:Notice

  (3) The Minister shall immediately give written notice to the registrant of any action taken under subsection (1) and of the reasons for the action.

Marginal note:Amendment with consent

24 The Minister may, with the written consent of the registrant, amend the registration of a pest control product for the purpose of reducing its health or environmental risks or increasing its value.

Marginal note:Breach of conditions

25 The Minister may cancel or amend the registration of a pest control product if the registrant does not comply with the conditions of registration.

Marginal note:Violation or offence

26 If a person is found to have committed a violation or is convicted of an offence under this Act, the Minister may, having regard to the nature of the violation or offence and the circumstances surrounding its commission,

• (a) cancel or amend the registration of the pest control product that was involved in the violation or offence where the person who committed the violation or offence is the registrant;

• (b) cancel or amend the registration of any other pest control product in respect of which the person is the registrant; or

• (c) refuse to consider any application made under this Act by the person during any period that the Minister considers appropriate.

Marginal note:Implementation of international agreement

27 The Governor in Council may, by order, cancel or amend the registration of a pest control product or a class of pest control products if the Governor in Council considers it necessary to do so to implement an international agreement.

Public Consultation

Marginal note:Minister to consult

• 28 (1) The Minister shall consult the public and federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system before making a decision

  • (a) to grant or deny an application

    • (i) to register a pest control product that is or contains an unregistered active ingredient, or

    • (ii) to register, 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;

  • (b) about the registration of a pest control product on completion of a re-evaluation or special review; or

  • (c) about any other matter if the Minister considers it in the public interest to do so.

• Marginal note:Public notice

  (2) To initiate a consultation under subsection (1), the Minister shall make public a consultation statement and shall invite any person to send written comments on the proposed decision within the period specified in the statement.

• Marginal note:Consultation statement

  (3) The consultation statement shall include

  • (a) a summary of any reports of the evaluation of the health and environmental risks and the value of the pest control product prepared or considered by the Minister;

  • (b) the proposed decision and the reasons for it; and

  • (c) any other information that the Minister considers necessary in the public interest.

• Marginal note:Consideration of comments

  (4) The Minister shall consider any comments received pursuant to subsection (2) before making a decision.

• Marginal note:Decision statement

  (5) After making a decision, the Minister shall make public a decision statement that shall include the decision, the reasons for it and a summary of any comments that the Minister received on the proposed decision.

• Marginal note:Confidential test data

  (6) A consultation statement referred to in subsection (2) and a decision statement referred to in subsection (5) shall contain any confidential test data that the Minister considers to be in the public interest.