Order Fixing the 210th day after the day this Order is made as the day on which section 39 of that Act comes into force: SI/2018-113
Canada Gazette, Part II, Volume 152, Number 26
SI/2018-113 December 26, 2018
AN ACT TO AMEND THE FOOD AND DRUGS ACT, THE HAZARDOUS PRODUCTS ACT, THE RADIATION EMITTING DEVICES ACT, THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999, THE PEST CONTROL PRODUCTS ACT AND THE CANADA CONSUMER PRODUCT SAFETY ACT AND TO MAKE RELATED AMENDMENTS TO ANOTHER ACT
Order Fixing the 210th day after the day this Order is made as the day on which section 39 of that Act comes into force
P.C. 2018-1576 December 14, 2018
Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 73(3) of An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act, chapter 9 of the Statutes of Canada, 2016, fixes the 210th day after the day this Order is made as the day on which section 39 of that Act comes into force.
(This note is not part of the Order.)
Pursuant to subsection 73(3) of An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (the Act), this Order brings section 39 of the Act into force 210 days (i.e. 7 months) after the day on which this Order is made. This will result in a new provision, section 41.1, being added to the Pest Control Products Act (PCPA).
The intent of this Order in Council (OIC) is to bring into force a provision of the Act that will add a new provision to the PCPA to enable Canada to meet its obligation under Article 11.8 of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA). Article 11.8 of the TFA provides that WTO members shall not apply technical regulations and conformity assessment procedures within the meaning of the Agreement on Technical Barriers to Trade to goods in transit.
The Act made amendments to various statutes in order to bring Canada’s statutory regime into alignment with requirements under the WTO TFA. The Act received royal assent on December 12, 2016, and most of the amendments came into force on that date with a few exceptions. One of these exceptions is section 39 of the Act, which adds a new section 41.1 to the PCPA. This provision requires a person who imports a product solely for the purpose of export to provide product safety information to workplaces where the product will be handled and stored during transit. The product safety requirements are set out in the regulations that come into force at the same time as this new provision. These in-transit products will otherwise be exempt from the Pest Control Products Regulations, as per Canada’s obligations under Article 11.8 of the WTO TFA.
Following ratification by two thirds of its 164 members on February 22, 2017, the WTO TFA is now in force, and is therefore binding on all members who have ratified it (which includes Canada).
Goods are in transit across Canada when the passage across Canada’s territory is only part of a complete journey beginning and ending outside of Canadian territory. The passage of these goods may include transshipment, breaking bulk, or a change in the mode of transport and still be considered goods in transit across Canada.
As a result of the Order, imported pest control products, when they have not been released under the Customs Act and are transported through Canada solely for the purpose of export, will be subject to health and safety information requirements under the amendments to the Pest Control Products Regulations that come into force at the same time as the new section 41.1, in addition to any existing requirements under the Customs Act.
The Act was considered by the House of Commons Standing Committee on International Trade as Bill C-13 in 2016, and then by the Senate Standing Committee on Foreign Affairs and International Trade, with stakeholders giving testimony on the legislation and its anticipated impact. Stakeholders providing testimony and the Parliamentary Committees were generally supportive, both of the WTO TFA and of exempting imported goods in transit from technical regulations and conformity assessment procedures, as long as safety measures were put in place to minimize any risks from handling and transporting these products as they move through the country.
Health Canada held pre-consultations with industry stakeholders in December 2017 and in February 2018 prior to publication of the proposed regulations in the Canada Gazette, Part I. During these consultations, Health Canada outlined the proposed regulations and policies surrounding in-transit shipments of pest control products. Industry stakeholders had no objections to the proposal during the webinar or during the comment period.
The proposed regulations were prepublished in the Canada Gazette, Part I, on June 2, 2018, for a 75-day consultation period, which ended on August 16, 2018. During the Canada Gazette, Part I, consultation period, Health Canada did not receive any comments from stakeholders.
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