Forward Regulatory Plan 2019-2021: 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)
Pest Control Products Act
The 2015 Intersol Report on the Data Protection Program included a recommendation to clarify the requirements of the post-market data protection program for pest control products, as they are unclear to regulated parties.
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 North American Free Trade 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.
Health Canada recently concluded industry consultations on the proposed approach to data protection during post-market reviews.
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 spring 2019.
The publication of the amendments to the regulations in the Canada Gazette, Part II is expected to take place in spring 2020.
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
Policy and Regulatory Affairs Division
Pest Management Regulatory Agency
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:
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