Compliance and Enforcement

Health Canada protects the health of Canadians and their environment by facilitating, encouraging and maximizing compliance with the Pest Control Products Act (PCPA).

Compliance activities are conducted in partnership with other relevant federal and provincial ministries. Where violations of the PCPA or Pest Control Regulations occur, appropriate enforcement measures may be taken. These enforcement measures are under the criminal code provisions of the PCPA, or carried out in accordance with the provisions of the Agriculture and Agri-Food Canada Administrative Monetary Penalties (AMP) Act. The Compliance Policy document outlines guiding principles for the fair, consistent and predictable application of the PCPA and Regulations and the AMP Act and Regulations.

On this page:

• Methods of Enforcement
• Compliance Activities
• Compliance and Regional Operations
• Compliance Promotion Programs
• Compliance Monitoring Programs

Methods of Enforcement

Enforcement is any action that is taken to induce, encourage or compel compliance. Options that are available include:

• Education letter;
• Enforcement letter;
• Compliance Order;
• AMPs warning or penalty;
• Prosecution;
• Amend, suspend or cancel registration;
• Voluntary recall;
• Seizure and detention;
• Seizure and forfeiture; and
• Denial of entry into Canada.

The Agriculture and Agri-Food Canada Administrative Monetary Penalties (AMPs) Act provides the authority to issue official warnings and impose monetary penalties to persons who have violated designated provisions of the Pest Control Products Act and Regulations.

Compliance Activities

The National Pesticide Compliance Program (NPCP) outlines Health Canada's compliance activities. The NPCP operates under the authority of the PCPA, and its focus is the inspection and investigation of those who sell, distribute and use pesticides.

The PCPA:

• Regulates the importation, manufacture, sale, transportation, distribution, possession and use of pesticides;
• Provides for on-site inspections, collection of samples of soil, crops or pesticides; and,
• When warranted, seizure and detention of product.

The PCPA also provides for enforcement actions against individuals who violate the provisions of the Act.

Compliance and Regional Operations

Health Canada has Compliance Officers in Ottawa, Ontario, and designated inspectors located across Canada. The Compliance Officers and inspectors:

• Investigate the use, sale, and importation of pesticide products;
• Perform on-site inspections of usage and storage of pesticide products;
• Conduct soil, crop and pesticide product sampling; and
• Inform members of the public, local officials and grower groups about regulatory requirements.

Laboratory Services

The laboratory, located in Ottawa, Ontario, performs chemical analyses on samples collected by staff in support of compliance activities. The laboratory is accredited to International Organization for Standardization (ISO) standards. Since 1994, the laboratory meets the requirements of the ISO 17025 - General requirements for the competence of testing and calibration laboratories. Compliance to the ISO 17025 is verified and confirmed by the Standards Council of Canada (SCC) on a bi-annual basis.  Accreditation by the SCC is the formal recognition of the competence of a laboratory to manage and perform specific tests or types of tests.

For further information on ISO standards, please visit the  ISO website.

Compliance Promotion Programs

The goal of compliance promotion is to develop tools to facilitate and promote compliance, and to communicate regulatory information to registrants, distributors and users of pesticide products. While this information is focused primarily on commercial users, these tools are also open to members of the general public who wish to learn how to more effectively use pesticide products.

Consultations with stakeholders are carried out to gather and exchange information on regulatory decisions and enforcement issues. Partner consultations are intended to strengthen and establish cooperative arrangements with pesticide officials in provincial and federal agencies. Sector consultations gather information on a specific area of the community. Proper use information and knowledge allow for well-balanced decisions and are effective tools in ensuring the laws regarding pesticide use are followed.

Compliance Monitoring Programs

Compliance monitoring is conducted to verify that activities are carried out in accordance with the Pest Control Products Act and the Pest Control Regulations, and to measure the extent to which the law is followed.

The goal of inspection programs is to assess the ability of industry and user groups to comply with the terms and conditions specified by regulatory decisions and by the PCPA.

An inspector conducts regular, planned inspections as a means of monitoring pesticide sale, distribution and/or use. Inspections allow for on-site education and compliance assessments of individuals or groups of individuals regulated under the PCPA. Inspections may involve sampling for analysis, examination of documents and facilities, as well as the provision and exchange of information.

The specific focus of the inspection is determined by the risks of potential nonconformity, the non-compliance history, and the impact of the non-compliance on the regulatory system. Inspections are flexible and can be adjusted from year to year to deal with different areas of pesticide use, sale or distribution. Violations found as a result of any inspection are responded to by an appropriate risk management option.