Pesticide-treated consumer products now covered

Summary#

The final rule, Regulations Amending Schedule 1 to the Canada Consumer Product Safety Act (Treated Articles), clarifies that consumer products treated with pesticides are covered by the Canada Consumer Product Safety Act. The change came into force on November 20, 2024.

What it does#

• Replaces Item 6 of Schedule 1 to the Canada Consumer Product Safety Act so that the Act’s exclusions for “pest control products” no longer remove consumer products that meet the definition of “treated article” in the Pest Control Products Regulations.
• In plain language, a “treated article” is a product that has been treated with a pesticide to kill, repel or reduce the effects of pests, while still being sold primarily for a non-pesticide use.
• Gives clearer overlap between the consumer-product safety rules and the pesticide rules: the consumer-product safety law applies to the product aspects, while pesticide rules continue to apply to the pesticide aspects.

Who's affected#

• Manufacturers, importers, distributors and retailers of consumer products that have been treated with a pesticide — for example: car seats, crib mattresses, cribs, foodware, furniture, textiles, toys and treated wood products.
• Consumers who buy or use those products, especially caregivers of infants and children for items like crib mattresses and car seats.
• Regulators such as Health Canada and the Pest Management Regulatory Agency, which oversee consumer-product and pesticide rules.
• The government says small businesses and industry practices are not expected to change materially because most firms already treated these products as falling under consumer-product safety rules.

Why it matters#

• It removes uncertainty about which federal rules apply to products that do two things at once: serve as a consumer product and contain a pesticide.
• That clarity makes it easier for regulators to require recalls, labelling, testing or other safety actions when a treated consumer product poses a health or safety risk.
• For everyday people, it means treated consumer products should clearly be subject to the same safety protections as other consumer goods, while the pesticide aspects remain subject to pesticide law.