Pest Control Products Act
As its name implies, the
federal government’s Pest Control Products Act regulates the import,
manufacture, packaging and use of “pest control products” in Canada. Pest Control Products are defined as a product,
organism or substance which is “… used as a means for directly or indirectly
controlling, destroying, attracting or repelling a pest or for mitigating or
preventing its … effects.” Put simply,
the Act is concerned with the use of pesticides in Canada.
The Act:
·
Requires that the federal government review the safety
of a pesticide before it may be manufactured, imported, or used in Canada;
·
Allows the federal government to require labeling of
safety requirements on the pesticide;
·
Requires any person using a pesticide to do so in
accordance with the label.
Unlike the B.C. Pesticide Control Act, which is concerned with the private
vendor’s sale of, and consumer’s use of, a pesticide, the federal Act is more
concerned with the marketing of the product by the importer or manufacturer,
although general requirements for the use of the pesticide will be identified
when the product is approved for use in Canada.
The Pest Control Products
Act is administered by the federal Pesticide Management Regulatory Agency
(PMRA), a government agency under the federal Minister of
Health.
Approving a Pesticide
Before a pesticide may be used
in Canada, the person seeking to manufacture, import, sell or use the product
must apply to the Minister of Health to register the pesticide for use in
Canada. If an application is received,
the Minister will register the pesticide only if he or she considers that the
“health and environmental risks and the value of the pest control product are
acceptable.”
Until recently the Act did not
provide a lot of direction as to what risks would be acceptable. Due to public concern over pesticide risks
Parliament recently passed a new version of the Pest Control Products Act which
will (when it becomes law) require the Minister to:
·
Consider the health risks posed by exposure from
multiple sources and/or exposure to multiple pesticides with similar effects;
·
Apply margins of safety and in particular ensure
adequate protection for vulnerable segments of the population such as children
and pregnant women; and
·
As a general rule, increase the margin of safety by 10
x if the product is intended for use around homes or schools.
To date, however, there are a
large number of registered pesticides that have not been subjected to these
more stringent standards. However,
under the new Act all registered pesticides will need to be re-evaluated at
least every 15 years. In addition, the
Minister may have to conduct a special review earlier if new information about
the health and environmental risks become available. After a re-evaluation or special review the Minister may either
confirm or cancel the registration of a pesticide.
The new Act (which will soon
become law) also enhances public opportunities for involvement in the approval
process through a number of means:
·
Public Consultation Requirements – Public
consultation is required prior to the registration of a product where the
product contains an unregistered pest control agent, where a re-evaluation or
special review has been conducted, or where the Minister considers it
appropriate (due to health or environmental risks or other public interest
factors);
·
Review Panel – A member of the public may object
to registration of a product with a previously unregistered pest control agent,
posing a significant risk to health or the environment or which has been
re-evaluated or had a special review.
If an objection is received by the Minister within 60 days of the
registration decision being made public he or she may establish a panel to
review the registration. If the
Minister does not establish a panel he or she must give reasons to the person
objecting. The Minister may confirm,
reverse or vary a registration after considering a report from a review panel.
·
Special Review – Any person may request the
Minister to make a special review of a registered pesticide, and the Minister
must respond to the request and give written reasons for his or her
decision.
·
Registrar – The Act creates a Registrar of Pest
Control Products which will make information about registered products
available to the public.
Registration Requirements
Under the new Act (soon to be
in force) the Minister, in registering a pest control product, may impose
additional requirements, including:
·
Label Conditions – The Minister may specify
conditions as to how the creation, handling or use of the product, and may set
requirements about the label of the product.
All persons must abide by the label requirements when using a pesticide,
so the requirements of the label may have an on-the-ground impact. The labels of registered pesticides can be
viewed through an electronic
database on the PMRA website.
·
Maximum Residue Limits – The Minister may limit
the content of the product to ensure that potential health or environmental
risks are kept to an appropriate level.
·
Additional Information/Reporting – The Minister
may require a registrant to compile information, conduct tests or monitor
pesticide use, and to report the results to the Minister.
Other issues
The Act contains addition
restrictions on marketing, exporting and disposing of pesticides. However, the above gives a general
understanding of the main provisions of the Act.
Related Guide Pages:
·
B.C. Pesticide Control Act
·
Agriculture (Protection Against)
For more information about the Pest Control
Products Act:
·
Electronic copies of the Pest
Control Products Act (2002) and the soon to be replaced Pest Control Products Act.
·
Pesticide
Management Regulatory Agency website, including the page on the New Pest
Control Products Act.
·
Pesticides:
Making the Right Choice – A publication of the Standing Committee on
Environment and Sustainable Development which recommended many of the changes
found in the new Act.
·
Canadian
Association of Physicians for the Environment Pesticides Page.
