Fertilizers Regulations Modernized

Summary#

These are final rules that change the Fertilizers Regulations. They were registered on October 26, 2020 and published in the Canada Gazette on November 11, 2020. In practice they modernize how fertilizers and soil supplements are reviewed, labelled and tracked — making some low-risk products easier to sell while tightening rules for others (for example, certain micronutrients and waste-derived materials).

What it does#

• Redefines terms and replaces the old, fixed list of exempt materials (Schedule II) with a web-updated List of Materials that can be changed more quickly.
• Creates a clearer, risk-based system for who must register a product and who is exempt. Many low-risk products will face less pre-market review; higher- or unknown-risk products will still need registration.
• Expands the List of Materials from 56 to 104 materials (as part of the modernization process described by officials).
• Removes the old “specialty fertilizer” category and says micronutrient fertilizers sold alone or mixed with other nutrients will generally require registration.
• Requires that any fertilizer or supplement containing a pesticide comply with the Pest Control Products Act and related approvals from the Pest Management Regulatory Agency.
• Changes labelling rules:
  • Core safety and health information must appear in both official languages (English and French).
  • People who package or import products must ensure the package label meets the new rules.
  • For mixtures, companies can either list the ingredients on the label or keep records for five years and provide them on request (this helps protect trade secrets).
• Extends the normal registration term from 3 years to 60 months (i.e. 5 years).
• Removes prescriptive paperwork and some old forms to allow more flexible, electronic submissions.
• Introduces a process for cancelling registrations that includes notice and an opportunity to be heard.
• Allows a three-year transition period (companies may comply with either the old or new rules during that time).

Who's affected#

• Fertilizer and supplement manufacturers, importers, exporters, distributors and retailers — large and small.
• The home and garden sector (retail lawn/garden products) and commercial specialty users (greenhouses, nurseries, golf courses).
• Farmers and other end users who buy and apply fertilizers.
• Federal bodies involved in regulation and reviews, notably the Canadian Food Inspection Agency (CFIA) and Health Canada (through the Pest Management Regulatory Agency).
• Provincial and municipal programs that interact with product labeling, manufacture or waste-derived materials may also notice effects.
• The Gazette and regulatory summary estimate the changes will affect about 116 small businesses in the sector.

If any particular product’s status is unclear (exempt or requires registration), companies will need to check the new List of Materials or contact CFIA.

Why it matters#

• Faster access to low-risk and new products: by focusing review on higher-risk items, safe, well-known materials can reach the market with less delay.
• Stronger focus on safety and language access: labels must include health/safety information in both official languages, which helps users but may add translation or printing costs.
• A more level playing field: the change removes some inconsistencies that let similar imported products avoid registration while domestic ones had to register.
• Trade-offs for businesses: some products that were previously exempt (notably some micronutrients and certain waste-derived materials) may now need registration and safety data. That can increase costs for those products.
• Record-keeping option: businesses can avoid public disclosure of ingredients for certain mixtures by keeping records for five years, which balances confidentiality with enforcement needs.
• Small estimated net economic benefit: the Canada Gazette materials report a present-value net benefit of $950,827 over 10 years, with monetized benefits of $1,260,664 and costs of $309,837 (annualized figures shown in the source).
• Practical effect for users: better-targeted oversight should reduce risks of contaminated or hazardous fertilizers in the marketplace, while still preserving routes for innovation.

If you use, sell or make fertilizers or soil supplements, check the updated rules and CFIA guidance for how your products are classified and what labels or records are now required.