Fertilizers Regulations (C.R.C., c. 666)

1 [Repealed, SOR/2020-232, s. 2]

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Fertilizers Act; (Loi)

  active ingredient

  active ingredient means an ingredient of a fertilizer or supplement to which its performance as a fertilizer or supplement is attributed; (composant actif)

  Agency

  Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

  Agricultural Inspection Directorate

  Agricultural Inspection Directorate[Repealed, SOR/93-232, s. 2]

  available

  available or soluble means soluble by the methods of analysis referred to in section 23; (assimilable or soluble)

  biotechnology

  biotechnology means the application of science and engineering to the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms; (biotechnologie)

  brand

  brand[Repealed, SOR/2020-232, s. 3]

  cattle

  cattle means animals of the species Bos taurus or Bos indicus; (bœuf)

  Compendium of Fertilizer-Use Pesticides

  Compendium of Fertilizer-Use Pesticides[Repealed, SOR/2020-232, s. 3]

  customer-formula fertilizer

  customer-formula fertilizer[Repealed, SOR/2020-232, s. 3]

  customer formula fertilizer

  customer formula fertilizer means a fertilizer prepared in accordance with a written formula that sets out the name, amount and guaranteed analysis of each active ingredient and the signature of the person for whose use for fertilizing purposes it has been prepared; (engrais préparé selon la formule du client)

  Director

  Director[Repealed, SOR/2020-232, s. 3]

  environment

  environment[Repealed, SOR/2020-232, s. 3]

  farm fertilizer

  farm fertilizer[Repealed, SOR/2020-232, s. 3]

  fertilizer

  fertilizer[Repealed, SOR/2020-232, s. 3]

  fertilizer-pesticide

  fertilizer-pesticide means a fertilizer that is or contains a pesticide; (engrais-antiparasitaire)

  fineness

  fineness[Repealed, SOR/85-558, s. 1]

  grade

  grade means the amount of total nitrogen, available phosphoric acid and soluble potash in a fertilizer, expressed in per cent; (catégorie)

  guaranteed analysis

  guaranteed analysis means a guaranteed analysis referred to in section 15; (analyse garantie)

  lesser plant nutrient

  lesser plant nutrient[Repealed, SOR/2020-232, s. 3]

  List of Materials

  List of Materials means the document entitled Primary Fertilizer and Supplement Materials prepared by the Agency and published on its website, as amended from time to time; (Liste des composants)

  lot number

  lot number means a combination of letters or numbers or both that allows a lot of a fertilizer or supplement to be traced in manufacture and distribution; (numéro de lot)

  major plant nutrient

  major plant nutrient means nitrogen (N), phosphorous (P), or potassium (K); (principe nutritif principal)

  micronutrient

  micronutrient means boron, chlorine, copper, iron, manganese, molybdenum or zinc; (oligo-élément)

  micronutrient fertilizer

  micronutrient fertilizer means a fertilizer that is represented to contain a micronutrient; (engrais d’oligo-élément)

  mixed fertilizer

  mixed fertilizer[Repealed, SOR/2020-232, s. 3]

  nitrogen

  nitrogen means elemental nitrogen (N); (azote)

  novel supplement

  novel supplement means

  • (a) a supplement that is not registered and not exempt from registration, or

  • (b) a supplement that is derived through biotechnology and has a novel trait; (supplément nouveau)

  novel trait

  novel trait, in respect of a supplement derived through biotechnology, means a characteristic of the supplement that

  • (a) has been intentionally selected, created or introduced into a distinct, stable population [of supplements] of the same species through a specific genetic change, and

  • (b) based on valid scientific rationale, is not substantially equivalent, in terms of its specific use and safety both for the environment and for human health, to any characteristic of a similar supplement that is in use as a supplement in Canada and is considered safe for use as a supplement in Canada; (caractère nouveau)

  organic matter

  organic matter means the matter remaining after removal of the moisture and total ash fractions from substances derived from living organisms; (matière organique)

  per cent

  per cent means per cent by weight; (pour cent)

  pest

  pest has the same meaning as in subsection 2(1) of the Pest Control Products Act; (parasite)

  pesticide

  pesticide means a pest control product as defined in the Pest Control Products Act; (antiparasitaire)

  phosphoric acid

  phosphoric acid[Repealed, SOR/93-232, s. 2]

  phosphoric acid

  phosphoric acid or phosphate means phosphorus pentoxide (P₂0₅); (acide phosphorique or phosphate)

  Plant Products Division

  Plant Products Division[Repealed, SOR/85-558, s. 1]

  potash

  potash means potassium oxide (K₂O); (potasse)

  registrant

  registrant means a person who has registered a fertilizer or supplement under these Regulations; (inscrit)

  release

  release means any discharge or emission of a supplement into the environment or exposure of a supplement to the environment; (dissémination)

  ruminant

  ruminant means an animal of the suborder Ruminatiae and includes an animal of the family Camelidae; (ruminant)

  sample

  sample means a sample of fertilizer or supplement taken by an inspector; (échantillon)

  secondary nutrient

  secondary nutrient means calcium, magnesium or sulphur; (principe nutritif secondaire)

  shipping bill

  shipping bill[Repealed, SOR/2020-232, s. 3]

  specialty fertilizer

  specialty fertilizer[Repealed, SOR/2020-232, s. 3]

  specified risk material

  specified risk material means the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older, and the distal ileum of cattle of all ages, but does not include material from a country of origin as defined in section 2 of the Health of Animals Regulations, or a part of a country of origin, that is designated under section 7 of those Regulations as posing a negligible risk for Bovine Spongiform Encephalopathy; (matériel à risque spécifié)

  supplement

  supplement[Repealed, SOR/2020-232, s. 3]

  supplement-pesticide

  supplement-pesticide means a supplement that is or contains a pesticide; (supplément-antiparasitaire)

  water-insoluble nitrogen

  water-insoluble nitrogen means nitrogen insoluble in water when analysed by the method of analysis referred to in section 23. (azote insoluble dans l’eau)

• (2) For the purposes of sections 23.1 to 23.4, a novel supplement is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions

  • (a) having or that may have an immediate or long-term harmful effect on the environment;

  • (b) constituting or that may constitute a danger to the environment on which human life depends; or

  • (c) constituting or that may constitute a danger in Canada to human life or health.

General Prohibition

2.1 A person shall not manufacture, sell, import or export any fertilizer or supplement that contains any substance or mixture of substances in quantities that present a risk of harm to human, animal or plant health or the environment, except pests, if the fertilizer or supplement is used according to its directions for use, or in amounts not in excess of the amount that is necessary to achieve its intended purposes.

Exemptions Generally

• 3 (1) The following fertilizers and supplements are exempt from the application of the Act and these Regulations:

  • (a) manure that is sold in its natural condition and that conforms to the standard set out in paragraph 9(a), other than manure that is a fertilizer or supplement referred to in section 2.1; and

  • (b) a fertilizer or supplement that is imported or manufactured in Canada that is used for manufacturing purposes only and that requires further treatment, other than mixing, blending, repackaging or application to seeds.

• (1.1) A fertilizer or supplement, including one that is imported, that is not intended for sale or use in Canada and that is intended for export and labelled accordingly is exempt from the application of the Act, other than section 5.5, and the application of these Regulations.

• (2) Supplements that are imported into or manufactured in Canada for experimental purposes are exempt from the Act and all provisions of these Regulations except sections 23.1 to 23.4.

• (3) A fertilizer that is imported into or manufactured in Canada for experimental purposes and that is not a fertilizer-pesticide or a fertilizer that contains a supplement is exempt from the application of section 3 of the Act and of all provisions of these Regulations other than section 2.1, if the residual fertilizer and all plants that are grown in the course of the experiment are destroyed at the end of the experiment.