ARCHIVED — Vol. 146, No. 8 — April 11, 2012

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Registration

SOR/2012-72 March 30, 2012

PEST CONTROL PRODUCTS ACT

Regulations Amending the Pest Control Products Sales Information Reporting Regulations (Miscellaneous Program)

P.C. 2012-362 March 29, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 67(1) of the Pest Control Products Act (see footnote a), hereby makes the annexed Regulations Amending the Pest Control Products Sales Information Reporting Regulations (Miscellaneous Program).

REGULATIONS AMENDING THE PEST CONTROL PRODUCTS SALES INFORMATION REPORTING REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENT

1. Subsection 11(1) of the Pest Control Products Sales Information Reporting Regulations (see footnote 1) is replaced by the following:

Audited sales information

11. (1) If the Minister believes on reasonable grounds, on the basis of any information available to the Minister, that the sales information submitted in respect of a pest control product is not accurate or complete, the Minister must require the registrant to submit the sales information for that product in a report prepared by an independent auditor qualified under the laws of a province, and the registrant must comply with the Minister’s request within 60 days after the day on which the request is made.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Pest control products (pesticides) are regulated in Canada under the federal Pest Control Products Act (PCPA). Health Canada’s Pest Management Regulatory Agency (PMRA) administers the PCPA on behalf of the Minister of Health.

Under the PCPA, pesticides must be registered by the Minister of Health before they can be used in Canada. A pesticide may not be registered or may not continue to be registered unless its health and environmental risks and its value (effectiveness) have been determined to be acceptable by the Minister. Under the PCPA [subsection 8(5)], registrants, a company in whose name a pesticide is registered, are required to report sales information about their pesticides as prescribed in the Pest Control Products Sales Information Reporting Regulations (SIRR). The SIRR came into force on April 26, 2007.

The Standing Joint Committee for the Scrutiny of Regulations stated that authorities currently described in the Regulations are not congruent with those in the Act.

Description and rationale

This amendment will amend subsection 11(1) of the English and French versions of this subsection to provide additional clarity about the obligations of registrants.

The amendments to the Pest Control Products Sales Information Reporting Regulations make non-substantive corrections and clarifications to the SIRR which are in response to concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Benefits and costs

The amendments are administrative in nature and do not impose new restrictions or regulatory burdens on individuals, industry or government. Therefore, no additional costs to Government or industry are expected as a result of these amendments.

Consultation

The amendments are administrative in nature and do not impose new restrictions or regulatory burdens on individuals or industry and will have little impact on Canadians. Therefore, no consultations were conducted.

Implementation, enforcement and service standards

The amendments are administrative in nature and do not impose new restrictions or regulatory burdens on individuals or industry. Therefore, no changes to how the Regulations are implemented or enforced are expected.

Contact

David Riendeau
Policy, Communications and Regulatory Affairs Directorate
Pest Management Regulatory Agency
Health Canada
2720 Riverside Drive
Address Locator: 6607D1
Ottawa, Ontario
K1A 0K9
Telephone: 613-736-3966
Fax: 613-736-3659
Email: pmra.regulatory.affairs-affaires.reglementaires.arla@hc-sc.gc.ca

Footnote a
S.C. 2002, c. 28

Footnote 1
SOR/2006-261