(Amendments adapted from those proposed by WWF Canada during debates over the PCPA at the House of Commons Health Committee in 2002. They were based on more robust legislation existing at the time in the USA and the EU. Legal language was prepared by lawyers at, as known then, Gowling Lafleur Henderson, LLP)
Note that this is not a line by line edit of the current PCPA. The measure here would need to be added to the existing legislation, or current provisions would need to be amended to reflect these proposed changes. As such, the numbering system used here does not align with that of the current Act.
Definitions
“Aggregate Exposure” means exposure to pest control products from several sources, including food, drinking water, dermal, air and residential exposure.
“Children”, in this Act, includes a foetus.
“Cumulative Exposure” means exposure to more than one pest control product with a common mechanism of toxic action on a single food product.
“Formulant”, in respect of a pest control product, means the non-active ingredients including the solvent, diluent, emulsifier or other components that are not primarily responsible for the effects of the pest control product.
“Environment” includes:
(a) air, land and water;
(b) all layers of the atmosphere;
(c) all organic and inorganic mater and living organisms; and
(d) the interacting natural systems that include components referred to in paragraphs (a) to (c).
“Harm”, “Harmful” or “Harmfulness”, in respect of a pest control product, means the damage posed to the environment and human health having regard to:
(a) placing equal importance on the potential of harm to both the environment and human health; and
(b) the potential harm to the most sensitive receptor.
“Human Health”, in this Act, includes future generations.
“Integrated Pest Management” means a decision that uses a combination of techniques to suppress pests and that must include but is not limited to the following elements:
(a) planning and managing ecosystems to prevent organisms from becoming pests;
(b) identifying potential pest problems;
(c) monitoring populations of pests and beneficial organisms, pest damage and environmental conditions;
(d) using injury thresholds in making treatment decisions;
(e) reducing pest populations to acceptable levels using strategies that may include a combination of biological, physical, cultural, mechanical, behavioural and chemical controls; and
(f) evaluating the effectiveness of treatments.
“Maximum Residue Limit” means the maximum allowable exposure, including aggregate and cumulative exposure, of the most sensitive receptor to a pest control product, or its components, derivatives, active ingredients and formulants.
“Most Sensitive Receptor” means the thing that is at most risk of harm as a result of the pest control product other than the intended pest.
“Pest Control Product” means:
(a) a product, device, organism, genetically modified organism, substance or thing that is manufactured, represented, distributed or used as a means for directly or indirectly controlling, destroying, attracting or repelling a pest or mitigating or preventing its injurious, noxious or troublesome effects, including the active ingredient and the formulant; or
(b) any other thing prescribed as a pest control product.
“Precautionary Principle” means, in the administration of this Act, that appropriate preventive measures are to be taken where there is reason to believe that a pest control product is likely to cause harm, even when there is no conclusive evidence to prove a causal relation between the pest control product and its effects.
“Value”, in respect of a pest control product, means its efficacy for pest management, taking into account its conditions or proposed conditions of registration.
Mandate
4. The purposes of the Act are:
(a) to regulate the manufacture, distribution, import, export and use of pest control products in a manner which protects the environment and human health;
(b) to enshrine the use of the precautionary principle as the overall guiding principle in the administration of the Act;
(c) to reduce reliance on, risk of harm from and use of pest control products by enhancing ecosystem oriented, sustainable and least toxic approaches to pest management within a framework of sustainable development;
(d) to provide for public access to information, public input into decisions respecting pest control products in Canada and public participation in the regulatory process
(e) to ensure that the applicant or registrant bears the onus of satisfying the Minister that its pest control product does not pose an unacceptable risk of harm to human health or the environment; and
(f) to improve the environmental and economic sustainability of pest management systems, using the principles of integrated pest management, a combination of biological, chemical and other measures which aim to maintain pest populations at levels below those causing unacceptable damage or loss.
Registration of Pest Control Products
Applications for Registration or Amendment
Content of Application
1. An application to register a pest control product or to amend its 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 Act or by the regulations to accompany it.
2. An application to register a pest control product shall include the following information on the active ingredient, the formulant and the interaction of the active ingredient and the formulant:
(a) risks of harm to human health, including direct impacts to toxicity, carcinogenicity, reproductive impacts, mutagenicity and teratogeneticity;
(b) risks of harm to the environment, including direct impacts to plants, animals, including the most sensitive receptors and life stages, ecosystems and secondary impacts, including food removal;
(c) whether the harm described in (a) and (b) herein is:
(i) irreversible;
(ii) widespread (effecting agricultural landscapes other than that intended for use);
(iii) cumulative;
(iv) unfairly distributed in benefit and harm;
(v) portentous (mitigating it will require additional commercialization of related products causing harm);
(vi) restrictive (use of product forecloses other options that are less likely to generate harm); and
(vii) avoidable using other approaches that are readily available.
(d) compliance with maximum permissible limits;
(e) hazard associated with manufacture, transport, storage, handling or disposal;
(f) how the product can or cannot be used in integrated pest management systems for specific crops;
(g) the occurrence or potential occurrence of pest resistance to the pest control product and resistance management strategies;
(h) the proposed post-registration self-monitoring program for the pest control product; and
(i) any other information which may be prescribed.
3. An application to register a pest control product shall include empirical field data from the testing of at least two alternative products with scientific evidence that the product that is the subject of the registration application is more effective and less harmful than the alternatives.
4. If the Minister is satisfied that the application has been made in accordance with sections 1, 2, and 3 the Minister shall:
(a) subject to section 10, conduct any evaluations that the Minister considers necessary with respect to the risk of harm to human health or the environment and the value of the pest control product; and
(b) consult the public.
5. (a) 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.
(b) The Minister shall deny an application if the applicant does not comply with a notice under this section 5.
Matters to be Considered by the Minister
6. During an evaluation:
(a) the Minister shall evaluate the risk of harm of the pest control product having regard to the precautionary principle;
(b) the Minister shall evaluate the active ingredient, the formulant and the effect of the interaction between the active ingredient and formulant to assess the risk of harm posed by the pest control product;
(c) the applicant has the burden[1] of persuading the Minister that the risk of harm and the value of the pest control product are acceptable;
(d) the Minister shall consider the recommendation of the PMRA as to whether there is a less harmful yet equally effective pest control product;
(e) the Minister shall consider the value of the pest control product;
(f) the Minister shall consider the information provided by the applicant in support of the application and may consider any additional information, but the Minister shall give the applicant a reasonable opportunity to comment on the additional information before completing the evaluation;
(g) the Minister shall consider the maximum residue limits; and
(h) the Minister shall have regard to the purposes of the Act.
Maximum Permissible Limits
7. The Minister shall, having regard to the purposes of the Act, prescribe and revise from time to time the maximum permissible limits/cut-off criteria for acceptable pest control products covering:
(a) acute, short and long term toxicity;
(b) immunotoxicity and endocrine disruption potential
(c) reproductive and developmental toxicity
(d) genotoxicity
(e) metobolism and toxicokinetics
(f) carcinogenicity
(g) neurotoxicity;
(h) volatilization;
(i) bioaccumulation and persistence in soil or water
(j) liposolubility.
Prohibition against Evaluations
8. Any pest control product which meets or exceeds any of the maximum permissible limits/cut-off criteria prescribed pursuant to section 7 shall be deemed to pose an unacceptable risk of harm.
9. Where the pest control product is deemed to pose an unacceptable risk of harm in accordance with section 8, no evaluation shall be conducted pursuant to section 4.
Prohibition against Registration
10. The Minister shall deny an application where the pest control product is deemed to pose an unacceptable risk of harm.
11. The Minister may deny an application where a pest control product does not meet or exceed the maximum permissible limits/cut-off criteria prescribed pursuant to section 8 where the Minister determines that the pest control product nonetheless constitutes an unacceptable risk of harm.
12. The Minister shall deny an application based on the Precautionary Principle where the application fails to contain conclusive evidence that the pest control product is unlikely to cause harm.
Additional Requirements for Registration
13. No registration for any new pest control product intended to be sold directly to consumers, or for lawn, garden or cosmetic use, or intended to be used on parks, golf courses, sports fields or for other recreational uses, shall be permitted unless it is intended to replace a pest control product currently registered for that use and is demonstrated by the applicant, to pose a lower risk of harm to children, future generations, adults, vulnerable populations, or the natural environment.
Expedited Review Procedures
14. Not later than one year after the date of enactment of this section, the Minister shall, develop procedures and guidelines for the expedited review of applications for registration, re-registration or amendment.
15. An application for registration, re-registration or amendment may be considered for expedited review under this section, and, an application will qualify for expedited review, if the applicant provides to the Minister, at the time of the application for expedited review, uncontested scientific test results and empirical data, including field data, other testing protocols, that the use of the pest control product proposed will accomplish one or more of the following:
(a) reduce the risk of harm of pest control products to human health or the environment;
(b) reduce the risk of harm of pest control products to non-target organisms;
(c) reduce the potential for contamination of groundwater, surface water, or other valued environmental resources;
(d) broaden the adoption of integrated pest management strategies or make such strategies more available or more effective; or
(e) reduce reliance upon pest control products.
16. The Minister, not later than 30 days after receipt of an application for expedited review, shall notify the applicant whether the application is complete and, if it is found to be incomplete, the Minister may either reject the request for expedited review or ask the applicant for additional information.
Registration
17. If:
(a) the Minister determines that the pest control product does not pose an unacceptable risk of harm after any evaluations and required consultations are completed, and
(b) the Minister, upon recommendation by the PMRA, is satisfied that there are no less harmful yet equally effective registered pest control product(s),
the Minister may register the product or amend its registration and, if the product is to be registered or the registration is to be amended, shall:
(c) specify the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposal, including its composition and label; and
(d) assign a registration number to it.
18. The Minister shall deny the application where the PMRA has advised the Minister that there is a less harmful yet equally effective registered alternative pest control product.
19. If, in the opinion of the PMRA, the pest control product being considered is equally harmful and equally effective as a registered pest control product, but is uniquely different from the registered product, the Minister may approve the application notwithstanding that the pest control product is not less harmful yet equally effective.
20. The maximum term of registration for a pest control product is ten (10) years
Maximum Residue Limits
The Act dictates that maximum residue limits are determined with regard to the most sensitive indicator, while taking into account aggregate and cumulative exposure, the possibility of increased toxicity through chemical synergism, and exposure to whole products, including all formulants, derivatives and other components.
Registered Products
1. When registering a pest control product or amending its registration, the Minister shall specify maximum residue limits for the product or for its components, derivatives, active ingredients or formulants.
2. No person shall cause or permit residue from a pest control product, or its components, derivatives, active ingredients or formulants, to exceed the maximum residue limits established pursuant to section 1.
Unregistered Products
3. The Minister shall specify a maximum residue limit for every unregistered pest control product, or its components, derivatives, active ingredients and formulants, that is imported into Canada on food.
4. No food containing residue from an unregistered pest control product, its components, derivatives, active ingredients or formulants, shall be imported into Canada unless a maximum residue limit has been established pursuant to section 3.
5. No person shall import or cause to be imported into Canada food containing residue from an unregistered pest control product, its components, derivatives, active ingredients or formulants, that is in excess of the maximum residue limit set pursuant to section 3.
Offence
6. Any person who contravenes sections 4 or 5 is guilty of an offence and liable:
(a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both; or
(b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years, or to both.
Establishment of Maximum Residue Limits
7. In setting maximum residue limits, the Minister shall:
(a) set the limits in relation to the risk of harm to the most sensitive receptor;
(b) consider the aggregate exposure of the most sensitive receptor to the pest control product, or its components, derivatives, active ingredients and formulants;
(c) consider the cumulative exposure of the most sensitive receptor to the pest control product, or its components, derivatives, active ingredients and formulants; and
(d) have regard to the purposes of the Act.
8. Unless an applicant can satisfy the Minister that it is unnecessary to have data regarding the risk of harm from the effect of the pest control product, its components, derivatives, active ingredients and formulants, the maximum residue limit shall be reduced by a factor of ten in addition to the usual safety factors applied, to account for inter and intra species variability.
9. Where there is likely to be the residue of greater than three different pest control products, components, derivatives, active ingredients or formulants of toxicological concern, the maximum residue limit shall be reduced by a factor of ten.
10. The Minister shall specify a new maximum residue limit for the product or for its components, derivatives, active ingredients or formulants if, at any time, the Minister considers that:
(a) there is new evidence respecting the risk of harm posed by a limit;
(b) there is reason to believe that there has been significant changes in dietary or other exposure patterns; or
(c) the specified maximum residue limit is inappropriate for any other reason.
Reporting by Applicant or Registrant
1. Any person may request that the Minister send a notice requiring a registrant to compile information, conduct tests, and monitor experiences or report information and, where the Minister receives a request, the Minister shall provide a decision on whether the request was accepted or rejected to the person in writing within a reasonable amount of time having regard to the purposes of the Act.
2. All registrants are required to participate in a post registration self-monitoring program. This program shall require that the registrant provide to the Minister a written report containing the information required in section 3, below and in D.1, at a frequency to be delivered by the Minister upon registration.
3. An applicant or registrant shall report:
(a) any new information which arises subsequent to registration relating to the harmfulness of the registered pest control product to the Minister within the prescribed time and in the manner directed by the Minister;
(b) without limiting the generality of the foregoing, any new information pertaining to the maximum permissible limits;
(c) any prescribed information that relates to the risk of harm to human health or the environment or the value of the pest control product to the Minister, within the prescribed time and in the manner directed by the Minister; and
(d) on the usage of the pest control product, including the crops on which the pest control product has been used and the total usage per crop to the Minister annually within the prescribed time and in the manner directed by the Minister.
Reporting by the Public
4. Any person may report information to the Minister respecting the harmfulness of any registered pest control product.
Minister to Consider Reported Information and Make Public
5. The Minister shall consider any information reported pursuant to sections 1, 2 or 3.
6. After considering any information reported pursuant to section 1, 2, or 3 the Minister shall make the information available to the public.
Re-Evaluation
Initiation of Re-Evaluation
1. The Minister shall initiate the re-evaluation of a registered pest control product:
(a) if the Minister considers that, since the product was registered, there has been a change in the information required, or the procedures used, for the evaluation of the risk of harm or the value of pest control products of the same class or kind;
(b) where information provided pursuant to the sections requiring mandatory reporting indicates that a registered pest control product may pose an unacceptable risk of harm;
(c) where information provided pursuant to the sections requiring mandatory reporting identifies that there may be a less harmful yet equally effective registered alternative pest control product;
(d) where a pest control product registered in Canada has been banned in an Organization for Economic Cooperation and Development member state as a result of health or environmental concerns;
(e) upon the discovery that data upon which a registration was issued is false, misleading, or incomplete;
(f) where new information is provided that suggests a significant adverse risk;
(g) where the inadequate labelling of the product is discovered;
(h) where hazardous packaging of the product is discovered;
(i) where a lack of efficacy of the product is discovered;
(j) where a pesticide intolerance is discovered;
(k) where environmental contamination has occurred as a result of the product;
(l) where the product becomes a public or worker health hazard; or
(m) where there is significant risk of an endocrine disruption;
2. Re-evaluation of a pest control product is initiated:
(a) by delivering a notice in writing to the registrant explaining the Minister's reasons for initiating the re-evaluation and, if necessary, requiring the registrant to provide information required for the registration of pest control products of the same class or kind, in the form and within the period specified by the Minister; and
(b) by delivering a public notice in the form and within the period specified by the Minister of the re-evaluation explaining the Minister's reasons for initiating the re-evaluation.
Re-Evaluation Process
3. After the re-evaluation is initiated, the Minister shall:
(a) conduct any evaluations that the Minister considers necessary with respect to the risk of harm to human health and the environment and the value of the pest control product;
(b) consult the public; and
(c) accept and consider submissions from interested persons within the period specified by the Minister.
4. The Minister shall cancel the registration where the pest control product is deemed to pose an unacceptable risk of harm.
Matters to be Considered by the Minister
5. During an evaluation that is done in the course of a re-evaluation:
(a) the Minister shall consider the active ingredient, the formulant and the effect of the interaction between the active ingredient and formulant to assess the risk of harm posed by the pest control product;
(b) the registrant has the burden of persuading the Minister that the risk of harm and the value of the pest control product are acceptable;
(c) the Minister shall evaluate the risk of harm of the pest control product having regard to the precautionary principle;
(d) the Minister shall consider the recommendation of the PRMA as to whether there is a less harmful yet equally effective pest control product;
(e) the Minister shall consider the value of the pest control product;
(f) the Minister shall consider the information provided by the registrant in support of the pest control product and may consider any additional information, but the Minister shall give the registrant a reasonable opportunity to comment on the additional information before completing the evaluation; and
(g) the Minister shall have regard to the purposes of the Act.
Confirmation of Registration
6. If the Minister considers that the risk of harm and the value of a pest control product are acceptable after any required evaluation or consultations have been completed, the Minister shall confirm the registration.
Amendment or Cancellation of Registration
7. If the Minister does not consider that the risks of harm or the value of a pest control product are acceptable, the Minister:
(a) shall cancel the registration if:
(i) the pest control product poses an unacceptable risk of harm and no amendment pursuant to paragraph (b) would cause the pest control product to be acceptable,
(ii) there is a less harmful yet equally effective registered alternative, or
(iii) the pest control product is deemed to pose an unacceptable risk of harm.
(b) may amend the registration if the pest control product would not pose an unacceptable risk of harm after the amendment.
8. For greater certainty, on a re-evaluation, when determining whether the pest control product is deemed to pose an unacceptable risk of harm, the Minister shall have regard to the maximum permissible limits/cut-off criteria in effect at the time of the re-evaluation and not those in effect at the time of the original registration or re-registration.
9. 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;
(b) the Minister considers that the risks of harm and the value of the product are acceptable until the effective date of the amendment or cancellation; and
(c) the pest control product is not deemed to pose an unacceptable risk of harm.
E. Other Grounds for Cancellation and Amendment
1. The Minister may, with the written consent of the registrant, amend the registration of a pest control product for the purpose of reducing its risk of harm to human health or the environment.
Application for Re-Registration
1. All registrations shall be deemed to expire at the end of the term of registration unless the applicant has applied for re-registration pursuant to the provisions of this Act and an application to re-register a pest control product has been made by the registrant to the Minister at least nine (9) months prior to the expiration of the term of the registration in the form and manner directed by the Minister and including any information or other thing that is required by the Act or by the regulations to accompany it.
2. Subject to Section 1 herein, all applications for re-registration shall include empirical data and test results from tests conducted within the year preceding the application for re-registration that evidence the efficacy of the pest control product and evidence that it is in compliance with the requirements for registration pursuant to Paragraphs V, A, 1-3 hereof.
3. If the Minister is satisfied that the application has been made in accordance with section 1, the Minister shall:
(a) conduct any evaluations that the Minister considers necessary with respect to the risk of harm to human health or the environment and the value of the pest control product; and
(b) consult the public;
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.
5. The Minister shall deny an application if the applicant does not comply with a notice under section 4.
Matters to be Considered by the Minister
6. During an evaluation:
(a) the Minister shall evaluate the risk of harm of the pest control product having regard to the precautionary principle;
(b) the Minister shall consider the active ingredient, the formulant and the effect of the interaction between the active ingredient and formulant to assess the risk of harm posed by the pest control product;
(c) the applicant has the burden of persuading the Minister that the risk of harm to human health and the environment and the value of the pest control product continue to be acceptable;
(d) the Minister shall consider the recommendation of the PMRA as to whether there is a less harmful yet equally effective pest control product;
(e) the Minister shall consider the value of the pest control product;
(f) the Minister shall consider the information provided by the applicant in support of the application and may consider any additional information, but the Minister shall give the applicant a reasonable opportunity to comment on the additional information before completing the evaluation; and
(g) the Minister shall have regard to the purposes of the Act.
Content of an Application for Re-Registration
7. An application for re-registration shall include data on the active ingredient, the formulant and the interaction of the active ingredient and the formulant.
8. An application to re-register a pest control product must include:
(a) a summary of all the information that the registrant was required to report pursuant to section (reference the section requiring mandatory reporting);
(b) any information or other thing respecting the pest control product which arose subsequent to registration or the last term of re-registration and which, had it existed at the time of registration, would have been required in an application for registration.
Prohibition on Evaluation
9. If the pest control product is deemed to pose an unacceptable risk of harm, no evaluation shall be conducted pursuant to section 2.
10. The Minister may deny an application where a pest control product exceeds the maximum permissible limits/cut off criteria or where the Minister determines that the pest control product constitutes an unacceptable risk of harm.
11. For greater certainty, on an application for re-registration, when determining whether the pest control product is deemed to pose an unacceptable risk of harm, the Minister shall have regard to the maximum permissible limits in effect at the time of the application for re-registration and not those in effect at the time of the original registration or any previous re-registration.
Re-Registration
12. If the Minister determines that the pest control product does not pose an unacceptable risk of harm after any evaluations and required consultations are completed and, the Minister is satisfied that there are no less harmful yet equally effective registered pest control product(s) the Minister may re-register the product and, if the product is to be re-registered, shall:
(a) specify the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposal, including its composition and label and;
(b) assign a re-registration number to it.
Denial of Re-Registration
13. The Minister shall deny the application for re-registration where:
(a) the pest control product poses an unacceptable risk of harm; or
(b) there is a less harmful yet equally effective registered alternative pest control product.
Term of Re-registration
14. The Minister may re-register a pest control product for a term of not more than ten (10) years.
Public Consultation
1. The Minister shall consult the public in the prescribed manner:
(a) before making a decision to grant or deny an application to register a previously unregistered active ingredient;
(b) before amending the registration of a pest control product if the amendment may result in increased risk of harm to human health or the environment;
(c) before making a decision about the registration of a pest control product on completion of a re-evaluation or re-registration;
(d) before entering into an agreement to amend a registration on consent of the registrant;
(e) about any other matter if the Minister considers it in the public interest to do so having regard to the purposes of the Act; or
(f) or as otherwise required by the Act.
RECONSIDERATION OF DECISIONS
Notice of Objection
1. Any person may file with the Minister, within the prescribed time and in the prescribed manner, a notice of objection to:
(a) a decision respecting the registration, re-evaluation, re-registration or amendment of a pest control product;
(b) a decision to issue, amend or cancel a permit, or export permit; or
(c) a decision refusing a request that the Minister deliver a notice to a registrant;
Review Panel
2. After receiving a notice of objection, the Minister may, in accordance with the regulations, establish a panel of one or more persons to review the decision and to recommend whether the decision should be confirmed, reversed or varied.
3. The Minister may determine the terms of reference of a review panel and the procedure for the review.
4. A review panel shall give any person a reasonable opportunity to comment on the decision under review and respond to the submissions made by the applicant/registrant.
5. The hearings of a review panel shall be open to the public and the panel shall allow the public access to all information that it receives relating to a pest control product that is the subject of a review, but confidential business information shall not be disclosed.
Suspension of Decision Pending Review
6. The filing of a notice of objection or the establishment of a review panel does not suspend the decision under review, but the Minister may, having regard to the purposes of the Act, suspend the decision until a final decision is made on completion of the review.
Recommendations of the Review Panel
7. As soon as possible after the conclusion of a review, the review panel shall submit to the Minister a report summarizing the information that it reviewed and stating its recommendations and the reasons for the recommendations.
8. Upon receiving the recommendations of a review panel, the Minister shall, having regard to the purposes of the Act, confirm, reverse or amend the decision under review, but the confirmation, reversal or amendment must not result in the registration, either initial or continued, of a pest control product unless the Minister considers that its risks of harm to human health and the environment and its value are acceptable and the pest control product is not deemed to pose an unacceptable risk of harm.
PERMIT
1. The Minister may, in accordance with the regulations and subject to any conditions that the Minister may specify, issue a permit authorizing the use of an unregistered pest control product for emergency use or research purposes and the permit shall specify for which purpose the permit is issued.
2. The maximum term of a permit authorizing the use of an unregistered pest control product is one (1) year.
3. Before issuing any permit, the Minister shall deliver a public notice:
(a) describing the pest control product;
(b) explaining the purpose for which the permit is sought; and
(c) providing a reasonable period of time in which any person may make submissions, as determined by the Minister having regard to the purposes of the Act and the purpose of the permit.
4. The Minister shall accept and consider submissions made within the time period specified in the public notice concerning the issuance of the permit.
5. The Minister may issue a permit if the Minister considers that use of the product for the specified purpose in accordance with the conditions specified in the permit does not pose an unacceptable risk of harm to human health or the environment.
6. The Minister may suspend a permit if the Minister has reasonable grounds to believe that the conditions to which the permit is subject have not or will not be met or that the continuance of the permit poses an unacceptable risk of harm to human health or the environment.
7. After suspending a permit, the Minister shall give the permit holder an opportunity to make representations.
8. After considering the representations, the Minister shall reinstate, amend or cancel the permit
ACCESS TO INFORMATION
Public Pest Control Product Registry
Establishment and Maintenance of a Registry
1. Every application for registration or re-registration shall be posted on a Pest Control Products Registry which shall be established and maintained by the Minister in electronic format.
2. All application documents shall be available on the Pest Control Products Registry, including associated studies, and the Minister shall provide for public comment with respect to each registration or re-registration application for at least 45 days prior to a decision by the Minister.
3. All final decisions by the Minister, together with the final review comments as to the compliance of the application with the provisions of the Risk Assessment and Risk Management Guidance Documents set out herein, and terms and conditions of registration shall be posted to the Pest Control Products Registry within 15 days of the decision.
Permanent Record
4. All matters posted to the Pest Control Products Registry, including those matters that have been withdrawn, either before or after a decision by the Minister has been made, shall be retained in a searchable electronic archive, searchable by brand name, chemical constituents, ingredients, applicant name, common name, if any, and any other characteristics deemed appropriate by the Minister.
5. The Minister shall maintain on the Pest Control Products Registry a list of the status of all pest control products in Canada, including:
(a) those currently registered;
(b) those with applications pending;
(c) those with applications for re-registration pending; those not yet registered under this Act but known to Minister, such as registrations under predecessor legislation; and
(d) those deemed to be un-registered.
Labels on Pest Control Products
1. Every pest control product must carry a label indicating at least the following information:
(a) the impact that the product may have on the health of humans and animals as well as the environmental impact of the product;
(b) a complete list, with quantity or proportion by volume, of every active ingredient;
(c) a complete list, with quantity or proportion by volume, of every non-active ingredient in the formulant;
(d) a toll-free information telephone number for further information regarding the product;
(e) poison control and treatment information;
(f) instructions for use, including associated Integrated Pest Management instructions and any other terms and conditions associated with the registration of the pest control product, in clear, easy to follow terms;
(g) a warning of the dangers of exceeding product concentration instructions;
(h) a statement that it may be an offence to disregard product use information;
(i) a statement that there may be provincial or municipal legislation or by-laws affecting the use or application of the product;
(j) a statement as to protective measures that are recommended or required as the case may be, including storage, prohibition on changing containers or packages, prohibitions on mixing products, protective apparel, removal of children and vulnerable persons from the vicinity, warnings to neighbours and dangers to pets and animals;
(k) a statement as to the particular target pest, the biological cycle to which the product is directed and the season(s) or dates during which it is permitted to be used;
(l) an address or web site at which the consumer may obtain a copy of the registration application and associated studies from the registered manufacturer along with any associated review comments, terms and conditions issued by the Minister, free of charge or at nominal cost.
Confidential Business Information
1. Information which must be provided in an application for registration or re-registration, which must be reported pursuant to the section requiring mandatory reporting or which is provided pursuant to a notice under the Act is deemed not to be confidential business information.
[1] This will trigger a reverse of the burden of proof. In addition, please see sections D.5(b) and F.5(c).
