Pest Control Products Regulations

Marginal note:Exemption — research solely in laboratory

• 55 (1) A research establishment is exempt from the application of subsection 6(1) of the Act and sections 48, 52 and 59 to 63 if the research is conducted solely in a laboratory.

• Marginal note:Exemption and criteria — research not solely in laboratory

  (2) A research establishment is exempt from the application of subsection 6(1) of the Act and sections 48 and 52 if all or part of the research is conducted outside a laboratory and meets all of the following criteria:

  • (a) it does not involve the use of a microbial agent;

  • (b) in the case of research that involves the use of a chemical pest control product,

    • (i) it does not involve the use of an antimicrobial agent,

    • (ii) it does not involve aerial application,

    • (iii) it does not involve the application of a pest control product to water or to a place where runoff water may remove residues from the research site,

    • (iv) it does not involve the use of a pest control product in any of the following areas:

      • (A) greenhouses,

      • (B) residential areas, including lawns, gardens and parks,

      • (C) industrial premises, and

      • (D) food-handling areas,

    • (v) it does not involve the use of a pest control product for either

      • (A) structural pest control, or

      • (B) fumigation,

    • (vi) it does not involve the use of a pest control product that contains a formulant that is on Part 1 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

    • (vii) in the case of a pest control product that contains an unregistered active ingredient, the application of the product is carried out only by a researcher

      • (A) on a maximum of 5 ha of land owned or operated by a research establishment, or

      • (B) in the case of land owned or operated by a cooperator, on a maximum of 1 ha or 5% of the total area of the crop under research, whichever is less, and

    • (viii) in the case of a pest control product that contains a registered active ingredient,

      • (A) the application of the product is carried out by a researcher or cooperator on a maximum of 10 ha of land owned or operated by a research establishment or a cooperator, or on a maximum of 20% of the total area of the crop under research, whichever is less, and

      • (B) there is a reasonable expectation that the research will not increase occupational exposure above the level that is expected when the pest control product is used in accordance with its conditions of registration; and

  • (c) in the case of research that involves the use of a semiochemical,

    • (i) it does not involve aerial application,

    • (ii) it does not involve the application of a pest control product to water,

    • (iii) it does not involve the use of a pest control product in any of the following areas:

      • (A) greenhouses,

      • (B) residential areas, including lawns, gardens and parks,

      • (C) industrial premises, and

      • (D) food-handling areas,

    • (iv) it does not involve the use of a pest control product for either

      • (A) structural pest control, or

      • (B) fumigation,

    • (v) it does not involve the use of a pest control product that contains a formulant that is on Part 1 of the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern or a contaminant that is on Part 3 of that List,

    • (vi) in the case of a pest control product that contains an unregistered active ingredient, other than an arthropod pheromone, the application of the product is carried out only by a researcher on a maximum of 5 ha of land owned or operated by a research establishment,

    • (vii) in the case of a pest control product that contains a registered active ingredient, other than an arthropod pheromone, the application of the product is carried out by a researcher or cooperator on a maximum of 10 ha of land owned or operated by a research establishment or cooperator, and

    • (viii) in the case of a pest control product that contains an active ingredient that is an arthropod pheromone,

      • (A) the application of the product is carried out on a maximum of 100 ha of land owned or operated by a research establishment or cooperator and the maximum use rate does not exceed 375 g of active ingredient per hectare per year, and

      • (B) if used in a food or feed crop, the pheromone is contained in an affixed solid matrix dispenser or in a retrievable-sized polymeric matrix dispenser, and the dispenser is not in direct contact with the crop.