Pest Control Products Regulations

Marginal note:Conditions on early registration

• 17.93 (1) If a negotiation ends without a negotiated settlement, the applicant may, once a notice referred to in section 17.91 has been delivered, use or rely on the compensable data and request that the Minister register their product in the absence of a letter of access, if the following conditions are met:

  • (a) the applicant enters into an escrow agreement with a third party;

  • (b) the third party is a person who is entitled under the laws of a province to receive and hold money on behalf of another person;

  • (c) pursuant to the escrow agreement, the applicant deposits with the third party an amount of money equal to the registrant’s last offer referred to in subsection 17.91(2); and

  • (d) the escrow agreement contains all of the following terms:

    • (i) the third party holds the money until it is payable in accordance with the escrow agreement,

    • (ii) on receipt of a copy of the registration certificate, the third party pays the registrant an amount equal to the applicant’s last offer referred to in subsection 17.91(2),

    • (iii) on receipt of a copy of the negotiated settlement or arbitral award, the third party pays the registrant the amount determined in that settlement or award, less the amount paid under subparagraph (ii), and

    • (iv) the third party pays any remaining balance to the applicant.

• Marginal note:Copy and proof to Minister

  (2) The applicant must send the Minister both a copy of the escrow agreement and proof that the applicant has deposited the money with the third party in accordance with paragraph (1)(c).