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

Short Title

Marginal note:Short title

1 This Act may be cited as the Pest Control Products Act.

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  active ingredient

  active ingredient means a component of a pest control product to which the intended effects of the product are attributed and includes a synergist but does not include a solvent, diluent, emulsifier or other component that is not primarily responsible for those effects. (principe actif)

  advertise

  advertise includes making a representation by any means for the purpose of directly or indirectly promoting the distribution of a pest control product. (publicité)

  analyst

  analyst means an individual who is appointed or designated as an analyst under section 45. (analyste)

  biological diversity

  biological diversity means the variability among living organisms from all sources, including, without limiting the generality of the foregoing, terrestrial and marine and other aquatic ecosystems and the ecological complexes of which they form a part and includes the diversity within and between species and of ecosystems. (diversité biologique)

  biotechnology

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

  conditions of registration

  conditions of registration means

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

  • (b) any other requirements stated by this Act or the regulations to be conditions of registration. (conditions d’homologation)

  confidential business information

  confidential business information means information to which access may be refused under the Access to Information Act and that meets the requirements of subsection 43(4) or (5). (renseignements commerciaux confidentiels)

  confidential test data

  confidential test data means test data to which access may be refused under the Access to Information Act. (données d’essai confidentielles)

  distribute

  distribute means distribute in any way, whether or not for consideration, and includes sell, offer for sale or distribution, and expose, display or advertise for sale or distribution. (distribution)

  document

  document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)

  ecosystem

  ecosystem means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit. (écosystème)

  environment

  environment means the components of the Earth and includes

  • (a) air, land and water;

  • (b) all layers of the atmosphere;

  • (c) all organic and inorganic matter and living organisms; and

  • (d) the interacting natural systems that include components referred to in paragraphs (a) to (c). (environnement)

  environmental risk

  environmental risk, in respect of a pest control product, means the possibility of harm to the environment, including its biological diversity, resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration. (risque environnemental)

  formulant

  formulant means any component of a pest control product that is added intentionally to the product and that is not an active ingredient. (formulant)

  government policy

  government policy means the Toxic Substances Management Policy issued by the Government of Canada in June, 1995, as long as it remains in effect, and any other policies of the Government of Canada that are prescribed. (politique gouvernementale)

  health risk

  health risk, in respect of a pest control product, means the possibility of harm to human health resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration. (risque sanitaire)

  inspector

  inspector means an individual who is appointed or designated as an inspector under section 45. (inspecteur)

  label

  label includes any written, printed or graphic matter

  • (a) that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a pest control product or a package; or

  • (b) that belongs to a pest control product and is transmitted electronically, in accordance with the regulations. (étiquette)

  manufacture

  manufacture includes produce, formulate, package, label and prepare for distribution or use. (fabrication)

  Minister

  Minister means the Minister of Health. (ministre)

  package

  package includes a container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed. (emballage)

  penalty

  penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation. (pénalité)

  person

  person means Her Majesty, an individual or an organization as defined in section 2 of the Criminal Code. (personne)

  pest

  pest means an animal, a plant or other organism that is injurious, noxious or troublesome, whether directly or indirectly, and an injurious, noxious or troublesome condition or organic function of an animal, a plant or other organism. (parasite)

  pest control product

  pest control product means

  • (a) a product, an organism or a substance, including a product, an organism or a substance derived through biotechnology, that consists of its active ingredient, formulants and contaminants, and that is manufactured, represented, distributed or used as a means for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects;

  • (b) an active ingredient that is used to manufacture anything described in paragraph (a); or

  • (c) any other thing that is prescribed to be a pest control product. (produit antiparasitaire)

  place

  place includes a means of transport. (lieu)

  prescribed

  prescribed means prescribed by regulation. (Version anglaise seulement)

  Register

  Register means the Register of Pest Control Products established and maintained under section 42. (Registre)

  registrant

  registrant means a person in whose name a pest control product is registered. (titulaire)

  test data

  test data means scientific or technical information respecting the health or environmental risks or the value of a pest control product. (données d’essai)

  threshold effect

  threshold effect, in respect of a pest control product, means a harmful effect on human health for which the Minister is able to identify a level at which the product will not cause that effect. (effet de seuil)

  value

  value, in respect of a pest control product, means the product’s actual or potential contribution to pest management, taking into account its conditions or proposed conditions of registration, and includes the product’s

  • (a) efficacy;

  • (b) effect on host organisms in connection with which it is intended to be used; and

  • (c) health, safety and environmental benefits and social and economic impact. (valeur)

  violation

  violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

  • (a) any contravention of any provision of this Act or of a regulation made under this Act; and

  • (b) any refusal or neglect to perform any duty imposed by or under this Act. (violation)

  workplace

  workplace means a place where an individual works for remuneration. (lieu de travail)

• Marginal note:Acceptable risks

  (2) For the purposes of this Act, the health or environmental risks of a pest control product are acceptable if there is reasonable certainty that no harm to human health, future generations or the environment will result from exposure to or use of the product, taking into account its conditions or proposed conditions of registration.

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Mandate

Marginal note:Primary objective

• 4 (1) In the administration of this Act, the Minister’s primary objective is to prevent unacceptable risks to individuals and the environment from the use of pest control products.

• Marginal note:Ancillary objectives

  (2) Consistent with, and in furtherance of, the primary objective, the Minister shall

  • (a) support sustainable development designed to enable the needs of the present to be met without compromising the ability of future generations to meet their own needs;

  • (b) seek to minimize health and environmental risks posed by pest control products and encourage the development and implementation of innovative, sustainable pest management strategies by facilitating access to pest control products that pose lower risks and by other appropriate measures;

  • (c) encourage public awareness in relation to pest control products by informing the public, facilitating public access to relevant information and public participation in the decision-making process; and

  • (d) ensure that only those pest control products that are determined to be of acceptable value are approved for use in Canada.

Marginal note: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

Marginal note: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.

• Marginal note: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

Marginal note: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), section 48 or 51, any of sections 53 to 59 or the regulations.

• Marginal note:Conditions of registration

  (2) Except as otherwise authorized under section 53.3 or 54, 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.

• Marginal note:Packaging and labelling

  (3) Except as otherwise authorized under section 53, 53.3 or 54, no person shall store, import, export or distribute a pest control product that is not packaged and labelled in accordance with the regulations and, if it is registered, the conditions of registration.

• (4) [Repealed, 2016, c. 9, s. 35]

• Marginal note: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

  • (a) the regulations; or

  • (b) if the product is registered, the directions on the label recorded in the Register, subject to the regulations.

• (6) [Repealed, 2016, c. 9, s. 35]

• Marginal note:Packaging, labelling and advertisement

  (7) No person shall package, label 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.

• Marginal note: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.

• Marginal note:Alteration, destruction or falsification — required documents

  (8.1) No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

• Marginal note:Alteration, possession or use — official documents

  (8.2) It is prohibited for a person to

  • (a) alter a document issued or made — or in any manner given — under this Act; or

  • (b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered.

• Marginal note:Possession or use of documents that resemble official documents

  (8.3) It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document.

• Marginal note:Offence and punishment

  (9) A person who contravenes any provision of this section 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 six months, 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 three years, or to both.