Health Canada proposes to amend the regulations and has identified several elements of the Pest Control Products Regulations (PCPR) for modernization. The proposal consolidates 13 issues either identified through the PMRA’s comprehensive review or raised by the SJCSR and would amend certain application and importation requirements for pest control products in Canada.
The Pest Control Products Act (PCPA) also allows regulations to be made that authorize the import, manufacture, distribution or use of unregistered pest control products, based on specified conditions. Health Canada is proposing a delayed coming into force as part of the implementation. The proposed amendments would come into force six months after the day on which they are published in the Canada Gazette, Part II. The existing Information Note on treated articles and the conditions under which articles treated with antimicrobial preservatives would not have to be registered under the regulations (i.e. authorized under the PCPA) would remain in effect until the proposed amendments come into force.
Imports
Section 36 of the PCPR requires importers of pest control products to declare their imports and describes the information that must be declared.
The PCPR also currently requires importers to declare the purpose of the importation:
- Resale, if the product is registered and is being imported for resale.
- Manufacturing, if the product is being imported for use in the manufacture of a registered pest control product; and
- Research, if the pest control product is being imported for research purposes.
The PCPA contains specific prohibitions against the manufacture, possession, handling, storage, transportation, importation, distribution or use of a pest control product that is not registered or otherwise authorized under the Act or Regulations. The term “resale” does not reflect the terms used in the PCPA. The term “distribute” would be more accurate in this case, as it is defined in the PCPA as “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.” In order to better align the wording in the PCPR with the wording in the PCPA, Health Canada proposes to amend section 36 to note the ability to declare an importation for the purpose of “distribution, including sale,” rather than for “resale.”
In addition, Health Canada proposes to codify current practice by amending section 36 of the PCPR to align Health Canada’s pest control product import declaration requirements with the information already collected at the border by the CBSA. This would include removing the existing exemption from declaration requirements for importation done under a foreign product use certificate, as the CBSA collects such information regardless. In total, the following declaration requirements would be added or changed:
- Contact information (telephone or email) for the shipper (previously only the name and postal address were required).
- Contact information (telephone or email) for the importer (previously only the name and postal address were required).
- Where any exist, the licence, certificate, permit, or other numbers (meaning the registration number, the foreign product use certificate number, research authorization certificate number or research notification certificate number).
- Additional precision on how to declare the total amount of pest control product being imported.
- The option of declaring an import for “grower-requested own use” when it is being imported with a foreign product use certificate; or declaring an import for any other reason not specified.
Health Canada also proposes to codify current practice by exempting authorized treated articles from import declarations. For details on the proposed change in respect of those treated articles, see the heading “Clarifying current regulatory requirements for treated articles and establishing criteria for authorizing certain treated articles” in the full notice.
Interested persons may submit their comments and provide input concerning the proposed Regulations until June 11th, 2022.
The full notice has been published in Part I of The Canada Gazette on April 2nd, 2022.
Direct all questions and inquiries to:
Policy and Operations Directorate
Pest Management Regulatory Agency
Health Canada
Email: [email protected]