Pest Control Products Regulations

Marginal note:Permitted activities

• 4 (1) A person may manufacture, possess, handle, store, transport, import, distribute or use the following unregistered pest control products under the Act:

  • (a) an active ingredient that is used only in the manufacture of a registered pest control product that was registered on January 1, 1984, or was registered after January 1, 1984 and the application for its registration was received by the Minister on or before that date, and the active ingredient meets the relevant conditions of registration of the registered pest control product;

  • (b) a pest control product

    • (i) that is of a type described in Schedule 2 and that meets the applicable conditions set out in that Schedule, and

    • (ii) the active ingredient of which is registered under the Act;

  • (c) a pest control product that is an ultraviolet radiation-emitting device, other than an ultraviolet lamp or other component that emits ultraviolet radiation, if

    • (i) the device is certified by a product certification body as meeting the applicable Canadian electrical safety requirements,

    • (ii) the certification mark of the product certification body appears on the label of the device,

    • (iii) any claim of efficacy that is made in respect of the device is made only in relation to supplemental sanitization,

    • (iv) no express or implied claim in relation to the treatment, mitigation or prevention of disease is made in respect of the device,

    • (v) its ultraviolet lamp, or other component that emits ultraviolet radiation, is fully shielded or enclosed in the device, in a manner that prevents exposure to ultraviolet radiation,

    • (vi) the device has a mechanism that

      • (A) locks the device to prevent access to the ultraviolet lamp, or other component that emits ultraviolet radiation, during operation, or

      • (B) automatically shuts off the device if it is opened during operation,

    • (vii) a user of the device who follows the instructions referred to in paragraph 30.1(3)(c) for replacing the ultraviolet lamp or any other component that emits ultraviolet radiation is not exposed to the radiation,

    • (viii) the device does not produce or generate any other substance, including ozone or hydroxyl, that may be harmful to human health during operation, and

    • (ix) the device is used in commercial or industrial premises or in educational institutions, health care facilities or similar institutions or facilities and, as applicable,

      • (A) it does not meet the requirement set out in subparagraph (v), is contained within the ventilation system in a manner that prevents exposure to ultraviolet radiation and is installed by an electrician who is the holder of a licence issued by the applicable provincial licensing authority, or

      • (B) it does not meet one of the requirements set out in subparagraph (v) or (vi) and is certified by a product certification body either as being part of the Exempt group classification set out in the IEC 62471 standard developed by the International Electrotechnical Commission entitled Photobiological safety of lamps and lamp systems, as amended from time to time, or as meeting the applicable requirements of one of the standards set out in the List of Equivalent Standards for Ultraviolet Photobiological Hazard Assessment, published by the Government of Canada on its website, as amended from time to time;

  • (d) an ultraviolet radiation-emitting device that is an ultraviolet lamp, or other component that emits ultraviolet radiation, if the component

    • (i) is manufactured, represented or distributed solely for use in a device referred to in paragraph (c), and

    • (ii) meets the conditions set out in subparagraphs (c)(iii) and (iv);

  • (e) an ultraviolet radiation-emitting device that is an ultraviolet lamp, or other component that emits ultraviolet radiation, that is manufactured, represented or distributed for use as a component in a registered device, if

    • (i) the component is evaluated as part of an application to register, amend or renew the registration of the device, and

    • (ii) the label of the component contains any information specified by the Minister in the conditions of registration;

  • (f) a pest control product that is a treated article into which the only pest control product that is incorporated or to which it is applied is an antimicrobial preservative, if

    • (i) the sole purpose of the treatment is to protect or preserve the article,

    • (ii) the active ingredient of the preservative is registered or otherwise authorized under paragraph 21(5)(a) of the Act for incorporation into, or application to the article,

    • (iii) in the case where the article is treated in Canada, the preservative is registered or otherwise authorized under paragraph (b) or paragraph 21(5)(a) of the Act,

    • (iv) in any other case, the treatment

      • (A) includes the same active ingredient as that contained in a preservative registered in Canada or otherwise authorized under paragraph (b) or paragraph 21(5)(a) of the Act, and

      • (B) meets any conditions of registration or authorization, as the case may be, that relate to the method of application, the uses for which the preservative may be applied to or incorporated into the article and the range of application rates as specified by the Minister under the Act or as set out in Schedule 2; and

  • (g) a pest control product that is a preservative set out in column 1 of Part 2 – Class 2 Preservatives or in column 1 of Part 3 – Class 3 Preservatives of the List of Permitted Preservatives (Lists of Permitted Food Additives), published by the Government of Canada on its website, as amended from time to time, if

    • (i) the product is used as an antimicrobial preservative,

    • (ii) the sole purpose of the treatment is to protect or preserve the article, and

    • (iii) the quantity of preservative protects or preserves the article, but does not exceed the quantity necessary to do so.

• Marginal note:Used in manufacture only

  (2) A pest control product referred to in paragraph (1)(a) must not be used for any purpose other than the manufacture of a registered pest control product.

• Marginal note:Permitted activities — foreign product

  (3) A person may possess, handle, store, transport, import or use a foreign product that is imported under a foreign product use certificate.

• (3.1) [Repealed, SOR/2022-99, s. 5]

• Marginal note:Permitted activities — for conducting research

  (4) A person may manufacture, possess, handle, store, transport, import or use a pest control product for the purpose of conducting research in accordance with sections 46 to 70.