What Canada Pest Control Products Act: Registration, Risk Evaluation and Maximum Residue Limits requires
The Pest Control Products Act (S.C. 2002, c. 28) is Canada's federal statute governing the regulation of pesticides, administered by Health Canada's Pest Management Regulatory Agency (PMRA). Section 4(1) states the Minister's primary objective is to prevent unacceptable risks to individuals and the environment from the use of pest control products, and section 2 defines 'pest control product', 'health risk' (the possibility of harm to human health from exposure or use) and 'environmental risk' (the possibility of harm to the environment, including its biological diversity). Section 6(1) prohibits any person from manufacturing, possessing, handling, storing, transporting, importing, distributing or using a pest control product that is not registered, except as authorised. Registration applications are made to the Minister (section 7(1)), who must conduct the evaluations necessary to assess the health and environmental risks and the value of the product (section 7(3)); in evaluating health risk the Minister must consider aggregate exposure - dietary plus other non-occupational sources - and cumulative effects, and must apply appropriate margins of safety to protect sensitive subpopulations including pregnant women, infants, children, women and seniors (section 7(7)(b)). On approval the Minister registers the product subject to conditions (section 8(1)) and specifies maximum residue limits where necessary (sections 9-11). Registered products must be re-evaluated no later than one year after fifteen years have elapsed since the most recent major decision (section 16(2)), and the Minister must initiate a special review where there are reasonable grounds to believe the risks or value are unacceptable (section 17(1)). The Minister may cancel or amend a registration (section 20) and require recall and disposal of stocks (section 21(5)). A public Register of Pest Control Products is maintained (section 42), with controlled access to confidential test data on affidavit application (section 43) and limited disclosure powers (section 44). Inspectors and analysts are appointed (section 45) with powers of entry, inspection and sampling (section 48), subject to consent or warrant for dwelling-houses (section 49). Contraventions are punishable on summary conviction by a fine up to $200,000 or six months' imprisonment, and on indictment by a fine up to $500,000 or three years' imprisonment (section 6(9)). The Governor in Council may make regulations (section 67) and interim orders (section 67.1).
Pillar: Agriculture & Agritech · Authority: Parliament of Canada / Health Canada Pest Management Regulatory Agency (PMRA) · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/P-9.01/FullText.html
SHA-256 integrity: b5179d2424a0e8bf723d106e3bda9a420f3ce567161f62decc8e810150c2316b
Primary Citations — 8 traced to source
- Pest Control Products Act, S.C. 2002, c. 28, Section 4(1) - the Minister's primary objective is to prevent unacceptable risks to individuals and the environment from the use of pest control products.
- Pest Control Products Act, Section 6(1) and 6(9) - prohibition on manufacturing, possessing, handling, storing, transporting, importing, distributing or using an unregistered product, and the associated penalties (summary up to $200,000/six months; indictment up to $500,000/three years).
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