Pesticide Application and Import Changes

Summary#

This is a proposed set of changes from Health Canada to the Pest Control Products Regulations. The changes aim to cut paperwork for companies that register or import pesticides, clarify a few technical points, and formally allow some current practices (for example, electronic filing). The notice was published on April 2, 2022 and the public can comment for 70 days (it is a proposal, not yet law).

What it does#

Broadly, the proposal would do these main things:

• Reduce paperwork for applicants and registrants

  • Stop requiring names and addresses for every packaging/labeling site; instead keep those details in records for 5 years. (Microbial products are treated differently.)
  • Stop requiring supplier name/address for every formulant on the application; instead keep supplier records for 5 years.
  • Allow emergency registrations to be valid up to 3 years instead of the current 1 year.

• Fix a few technical or wording issues

  • Clean up the definition of “seed” to remove a redundancy.
  • Make it clear that products made only of an active ingredient count as pest control products.
  • Change wording so required safety documents on tank cars/tankers must be affixed “within reach” of the valve operator (clarifies a vague “near” requirement).
  • Remove a duplicative limit on a specific impurity (NDPA) in a single herbicide.

• Put common practices into the regulations (so they’re clearer and predictable)

  • Allow electronic delivery of regulatory documents and set a rule for when an electronic document is considered received.
  • Define and set conditions for “treated articles” (for example, textiles treated with antimicrobial preservatives) and specify when such treated articles would be authorized instead of needing their own registration.
  • Exempt antimicrobial preservatives used in products already regulated under the Food and Drugs Act, Feeds Act, or Fertilizers Act from duplicate pesticide review.
  • Authorize certain food-preservative chemicals (from the government’s permitted list) so they do not need separate pesticide registration.

• Update import declaration rules to match current border practice

  • Align declaration fields with information the Canada Border Services Agency (CBSA) already collects (including shipper/importer contact info, registration or certificate numbers, clearer quantity units).
  • Add a separate declaration format for treated seed and require importers to keep declaration records for 2 years.
  • Exempt authorized treated articles from import-declaration requirements.

• Support international obligations

  • Give the regulator authority to refuse evaluations of products that contain active ingredients Canada has already agreed to prohibit under the Stockholm Convention (so the government doesn’t spend time evaluating a product that must be banned).

If enacted, the government proposes a transition period and that the regulations would come into force 180 days after publication in Canada Gazette, Part II.

Who's affected#

• Companies that register, manufacture, formulate, package, label or import pest control products. Health Canada estimates about 219 businesses would be affected, and about 80% of registrants are small businesses.
• Importers and border-facing businesses (they will supply slightly more detailed import information to match CBSA records).
• Manufacturers or importers of treated articles (for example, antimicrobial textiles, insecticide-treated clothing, treated landscape fabric) who will need to check whether their product meets the authorization conditions.
• Registrants of microbial agents (some requirements remain stricter for microbial products).
• The Pest Management Regulatory Agency (PMRA) and the CBSA, because the rules and forms they use would be updated.

If it is unclear who is affected by a specific point, the proposal says the government will provide guidance.

Why it matters#

• Less paperwork and lower cost for many businesses: removing some repetitive reporting requirements and formalizing exemptions is intended to save time and money. The government estimates annual administrative savings of about $138,130 total (about $609 per regulated party).
• Faster or simpler handling of some emergencies: allowing emergency registrations up to 3 years can avoid repeated, nearly-identical annual applications for multi-year pest problems (for example some invasive species situations).
• Fewer duplicate reviews: exempting antimicrobials already assessed under other federal acts reduces overlap between regulators and speeds business processes for products already evaluated for safety under those laws.
• Clearer rules and record-keeping: formal rules on electronic submissions, treated-article criteria, and import declaration fields give businesses and border agents more predictability.
• International alignment: the change lets Canada avoid evaluating products that are already internationally prohibited, helping the country meet commitments under the Stockholm Convention.

Remember: this is a proposed regulatory amendment. It is open for comment (for 70 days) and is not law until finalized and published in Canada Gazette, Part II; if finalized it would come into force after the proposed 180-day transition.