Aquatic invasive species chemical authorizations

Summary#

These final rules, the Regulations Amending the Aquatic Invasive Species Regulations, clarify how chemical treatments for invasive water species can be carried out. They let regulators also authorize substances that are used together with pesticides (for example, neutralizers), make the conditions on those authorizations legally enforceable, and let regulators amend, suspend or cancel authorizations. The rules came into force on May 29, 2026.

What it does#

• Explicitly allows the persons listed in the Aquatic Invasive Species Regulations to authorize the deposit of other substances named on a pesticide’s label when those substances are used with that pesticide. Examples given in government documents include deactivating agents, reactants and agents to remove taste and odours.
• Requires people carrying out an authorized pesticide project to follow the directions (conditions) written on their authorization. Not following those directions can be an offence.
• Gives regulators the power to amend, suspend or cancel an authorization they have already issued. It also allows for a simpler process for proponents to request changes to an existing authorization.
• Updates wording that refers to the provincial ministers for Manitoba and Alberta so the references are less likely to become outdated.

Who's affected#

• Project proponents who apply to treat aquatic invasive species, including municipal governments, non-government conservation groups, Indigenous groups and communities, property-owner associations, and professional pesticide applicators.
• Regulators who issue authorizations, including Fisheries and Oceans Canada, the Parks Canada Agency, and provincial or territorial ministers and their delegates.
• Health- and environment-focused agencies involved in pesticide assessment and advice, such as Health Canada’s Pesticides Regulatory Directorate.
• People and communities near waters where chemical control projects take place (for example, residents, landowners, recreational users), who may be notified when projects are authorized or changed.

Why it matters#

• It removes a legal gray area. Regulators and project proponents have been using neutralizers or other label-recommended substances in practice, but the amendments make that use clearly authorized under the Fisheries Act framework. That helps avoid conflicts between the Fisheries Act and the Pest Control Products Act.
• It supports safer pesticide use in water. Allowing authorized deactivating agents or reactants can reduce downstream impacts from a chemical treatment (for example, neutralizing a toxic pesticide so it doesn’t harm fish or drinking-water sources).
• It strengthens accountability. Making authorization conditions enforceable means regulators can take action if a project does not follow required methods or limits.
• It gives regulators flexibility to respond to new information or problems by amending, suspending or cancelling authorizations instead of requiring a full re-application.
• There are real penalties for not following the rules: fines of up to $100,000 for some summary offences (and higher amounts for repeat or indictable offences) and possible jail terms of up to one year or two years in more serious cases. The government says the changes are expected to have at most a small environmental effect because they mostly confirm current practice.