Forward Regulatory Plan 2023-2025: Regulations Amending the Pest Control Products Regulations (Exclusive Rights and Data Compensation)

Title of Regulatory Initiative

Regulations Amending the Pest Control Products Regulations (Exclusive Rights and Data Compensation)

Enabling Act

Pest Control Products Act


Health Canada is proposing regulatory amendments that would clarify for regulated parties how the data compensation program works in the post-market context, and that would reduce the effort required to administer the program.

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 Regulatory Stock Review Plan.

Regulatory cooperation efforts (domestic and international)

This initiative is not part of a formal regulatory cooperation work plan.

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

Rules under the Canada-United States-Mexico Agreement and the Canada-European Union Comprehensive Economic and Trade Agreement, 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 people in Canada, including businesses

It is anticipated that the proposed amendments would clarify for regulated parties how the data compensation program works in the post-market context.


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

Health Canada pre-published the proposed changes in the Canada Gazette, Part I, on June 11, 2022, with a 75-day consultation period.

Health Canada plans to publish the amended regulations in the Canada Gazette, Part II, in spring 2023.

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
Policy and Regulatory Affairs Division
Pest Management Regulatory Agency
Health Canada

Telephone: 613-302-3886

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

May 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:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

Page details

Date modified: