Forward Regulatory Plan 2021-2023: Regulations Amending the Pest Control Products Regulations (Data Protection During Post-Market Review – Re-evaluations and Special Reviews)

Title of Regulatory Initiative

Regulations Amending the Pest Control Products Regulations (Data Protection During Post-Market Review – Re-evaluations and Special Reviews)

Enabling Act

Pest Control Products Act

Description

The proposed regulatory amendments would clarify for regulated parties how the data protection program works in the post-market context, and would reduce the effort required to administer it.

This regulatory initiative was identified by Health Canada in the Agri-food and Aquaculture Sector Regulatory Review Roadmap.

This regulatory initiative is associated with Health Canada’s stock review plan.

Regulatory cooperation efforts (domestic and international)

These amendments would better align Canada’s data protection program for pest control products with the approach used in the United States.

Rules under the Canada-United States-Mexico Agreement, the Canadian European Trade Agreement, and the World Trade Organization, require that Canada protect innovators’ data from unfair commercial use for a period of time.

The proposed amendments would continue to fulfill these obligations.

Potential impacts on Canadians, including businesses

These amendments would clarify for regulated parties how the data protection program works in the post-market context, and would reduce the effort required to administer it. 

Consultations

Industry consultations on the proposed approach to data protection during post-market reviews were undertaken starting July 5, 2018 and lasting until the end of December 2018.

Canadians will have another opportunity to provide comments on the proposed regulatory amendments during the Canada Gazette, Part I public comment period, which is expected to take place in fall 2021. 

The publication of the amendments to the regulations in the Canada Gazette, Part II is expected to take place in spring 2022.

Further information

Related information can be found on Health Canada’s Pest Management Regulatory Agency’s Response to the Intersol Group Ltd. Report.

Additional information can be requested from the departmental contact.

Departmental contact information

Jordan Hancey
Director
Policy and Regulatory Affairs Division
Pest Management Regulatory Agency
Health Canada

Telephone: 613-302-3886
Email: jordan.hancey@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

May 27, 2019

Consult Health Canada’s acts and regulations web page for:

  • a list of acts and regulations administered by Health Canada
  • further information on Health Canada’s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

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