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Consumer Product Safety

Regulation of Pest Control Products in Canada

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Trish MacQuarrie
Director General
Policy, Communications and Regulatory Affairs Directorate

Regulation of Pest Control Products in Canada - An Overview

  • Federal Government
    • Health Canada's Pest Management Regulatory Agency
      • Responsible for registering pest control products (premarket assessments), re-evaluating registered products and setting maximum residue limits
  • Provincial Government
    • Departments/Ministries of Environment or Agriculture
      • Responsible for the sale, use, storage, transportation and disposal of registered pest control products
  • Municipal Government *
    • May have authority to enact bylaws that set further conditions on the use of pest control products

Introduction to the PMRA

  • The Pest Management Regulatory Agency (PMRA) is equivalent to a branch within Health Canada;
  • Established in 1995
  • PMRA is responsible for the regulation of pest control products in Canada, as the federal authority under the Pest Control Products Act (PCPA).

PMRA'S Mission

  • Protecting the health and environment of Canadians and supporting Canadian competitiveness by regulating pest control products (pesticides) and their use in an effective and transparent manner.

Federal Legislation

  • Pest Control Products Act (PCPA)
    • New PCPA in 2006
    • Improves the pest control product regulatory system by:
      • Increasing transparency
      • Strengthening human health and environmental protection
      • Strengthening post-registration control of pest control products
    • Number of provisions in the PCPA formalize policies and practices of the PMRA.
  • Regulations supporting the PCPA:
    • Pest Control Products Regulations, revised 2006
      • Provisions for describing definitions of terms used in the regulations; types of products exempt from the Act or registration; procedures detailing the registration process, including labeling requirements, packaging, storage and display, distribution, import, research, sampling and detention.
    • List of Formulants and Contaminants of Health or Environmental Concern*
      • Statutory Instrument referenced in the PCPA; Public can access information about substances on the List and test data on which evaluations are based.
    • Sales Information Regulations
      • The Regulations specify the detailed reporting requirements, the timelines for reporting and other requirements related to pesticide sales information reporting
    • Incident Reporting Regulations
      • These regulations specify the detailed reporting requirements, including the type of incidents that must be reported, and under what time frame the reports must be submitted.
    • Administrative Monetary Penalties Regulations
      • Regulations describing the offences under the PCPA and penalties for those offences
    • Cost Recovery Fees
      • Regulations describing the fees required for various applications referred to under the PCPA and Regulations
  • Proposed regulations:
    • An improved system to protect proprietary interests in pesticide data in Canada while facilitating generic products
    • Review panel regulations and guidelines for predictability in administrative aspects of the reconsideration process (e.g. panel members)
    • Revise the PCPR to incorporate the Grower Requested Own Use Import Program
    • Pesticide Material Safety Data sheets for workplaces
  • In addition to the PCPA and Regulations, the following federal Acts impact on pest management:
    • Pesticide Residue Compensation Act
    • Administrative Monetary Penalties Act
    • Food and Drugs Act

PCPA and the FDA

  • PMRA is currently working on a more efficient process for legally setting pesticide Maximum Residue Limits (MRLs):
    • Bring Bill C-28 (Amendment to the Food and Drugs Act) into force to recognize MRLs established directly under the PCPA
    • Amend the Food and Drug Regulations (FDR) for coherence with Bill C-28 (repeal Table II) (February 2008)
    • Develop proposal to amend the FDA to revoke the 0.1 ppm general MRL

Policies, Guidelines, Programs

  • Policies, Guidelines and Programs provide additional detail on the Act and Regulations
  • Examples
    • Requirements for Submitting Data Index, Documents and Forms (DIR2006-05)
    • Protection of Proprietary Interests in Pesticide Data in Canada (DIR2007-03)
    • Grower Requested Own Use (GROU) Program
  • These documents are available on PMRA's website: www.pmra-arla.gc.ca