Access to pesticide test data and MRLs

Summary#

These are proposed changes to the Pest Control Products Regulations published on June 15, 2024. They would give researchers in Canada more structured access to confidential test data used by Health Canada’s Pest Management Regulatory Agency (PMRA), make maximum residue limit (MRL) applications more transparent, and add explicit rules for considering cumulative environmental effects and species at risk. The document is a proposal and is open for comment for 70 days from publication.

What it does#

• Confidential test data (CTD)

  • Lets Canadian residents request CTD for “research” or “reanalysis” without the current affidavit, once a final registration decision or a proposed post‑market decision is published.
  • Sets who can request access (must be a resident of Canada), what must be included in the request, and that access can be granted for up to five years.
  • Keeps confidential business information and private data protected. Requesters cannot copy, publish, redistribute, or use CTD to register or amend products. CTD must be accessed and stored in Canada.
  • Requires applicants/registrants to flag which submitted test data may be CTD so the PMRA can identify it more easily.
  • The PMRA will notify the registrant when their CTD is disclosed and can refuse or revoke access for misuse or for unreasonable requests.

• Maximum residue limits (MRLs)

  • Codifies the information an applicant must give when asking the PMRA to set an MRL for an imported food or for a use not registered in Canada (for example: product ID, foreign label, rationale, supporting studies).
  • Confirms the public notification step for MRL applications that the PMRA began in spring 2024.

• Cumulative effects on the environment (CEE)

  • Gives the PMRA an explicit authority to require and consider information on cumulative environmental effects for pest control products that share a common mechanism of toxicity, once suitable scientific methods are available.
  • The change does not currently force new testing; it enables the PMRA to request CEE information when methods exist.

• Species at risk (SAR)

  • Gives the PMRA explicit authority to require and consider information on effects to species at risk (as defined in the Species at Risk Act).
  • The PMRA says it will not require specific testing on species at risk as part of this change.

• Timing and process

  • The MRL, CEE and SAR amendments would come into force on the day the final regulations are published in Canada Gazette, Part II. The CTD access rules would come into force 180 days after that publication to give time for implementation.
  • This item is a proposed regulation. Interested parties can comment during the 70‑day consultation window after the June 15, 2024 publication.

Who's affected#

• Researchers, academics, environmental NGOs and independent analysts who want to re‑examine pesticide studies. They may gain easier access to CTD, subject to limits.
• Applicants, registrants and pesticide manufacturers. They must identify which submitted test data may be CTD and may see more requests for supporting information on CEE and SAR.
• Food importers and traders. Requests for MRLs for imported foods will follow clearer application rules and public notification.
• Small businesses that register pesticides — the PMRA estimates about 80% of registrants are small businesses and that applicants/registrants file about 593 applications/evaluations per year on average.
• Health Canada and the PMRA, which will run the new access process and manage compliance; and Environment and Climate Change Canada, which the PMRA expects to work with more on environmental information.
• Canadian residents only are eligible to request CTD under these rules.

Note: the PMRA estimated an annualized administrative cost increase (under the “one‑for‑one” rule) of $39,521 (2012 dollars) from the new paperwork of identifying CTD in submissions.

Why it matters#

• More transparency: researchers and public interest groups could check and reanalyze the scientific studies behind pesticide decisions. That can increase public trust and may surface new scientific insights.
• Clearer information on food safety: codifying what a foreign MRL application must include and continuing public notices helps consumers and importers see why an MRL is requested for an imported food.
• Stronger environmental focus: giving the PMRA explicit authority to consider cumulative effects and species at risk signals that environmental risks will be weighed more directly in reviews. In practice, stronger action depends on available scientific methods and future requests for information.
• Protections remain: the proposals try to balance transparency with protecting trade secrets, privacy, and preventing misuse of data for commercial gain.
• It’s not final: these are proposed regulations. They could change after the comment period and are not yet law.