Pest Management Advisory Council Terms of Reference

Preface

The Pest Management Advisory Council (PMAC) is a multi-stakeholder group that fosters communication and dialogue among stakeholders and with Health Canada's Pest Management Regulatory Agency (PMRA). PMAC is established in accordance with section 5(1) of the Pest Control Products Act and consists of persons whose interests and concerns are affected by the Pest Control Products Act.

The PMRA is the branch of Health Canada responsible for regulating pesticides under the authority of the Pest Control Products Act. The Pest Control Products Act's primary objective is to prevent unacceptable risks to individuals and the environment from the use of these products.

PMAC's role is advisory. Decision-making remains the responsibility of Health Canada.

1.0 Mandate

As an external advisory body, PMAC's role is to provide advice and make recommendations to the Minister of Health relating to the federal pest management regulatory system. Specifically, PMAC provides:

recommendations on broad strategic directions, management, and overall priorities for Health Canada's PMRA;
a challenge function to ensure that PMRA's programs are consistent with the needs of Canadians within the overall national and global environmental, social, and economic context; and,
advice and a forum for the exchange of views of representatives of all key stakeholder groups on issues affecting the management of pest control products in Canada.

The Minister has the responsibility and sole authority to make decisions with respect to the mandate of this advisory body.

2.0 Reporting structure/governance

PMAC operates in accordance with the Health Canada Policy on External Advisory Bodies (2022), where relevant. In case of conflict between that Policy and these Terms of Reference (ToR), the ToR will take precedence.

The Council has been established by and reports to the Minister of Health, through the Deputy Minister. The Executive Director (ED) of the PMRA acts as the Executive Secretary to PMAC.

As per s. 5(2) of the Pest Control Products Act, the Council shall submit reports, including any recommendations and the reasons for them, to the Minister of Health.

3.0 Membership

3.1 Membership selection

It is the sole discretion of the Minister of Health to appoint or terminate the appointment of any member of PMAC, including the Chair.

Depending on the area of expertise required and the composition of the current PMAC membership, members of the PMAC and the PMAC Chair are recruited through either an open nomination or a targeted recruitment process. The goal of this process is to ensure that, together, PMAC members have a range of scientific knowledge, expertise, and experience to support PMAC's mandate.

Membership of PMAC will consist of individuals providing a balanced representation of interests in pest management issues, such as environmental and health groups, Indigenous Peoples, pesticide manufacturers and users, and individuals with appropriate expertise.

The Minister considers the following factors when assessing membership appointments:

potential contribution to the equity, diversity, and inclusiveness (EDI) of the Council's membership;
professional standing;
affiliations and interests;
conflict of interest assessment; and,
availability.

To preserve the independence of the federal government as a decision maker, federal government employees are not permitted to be PMAC Chair or be a member of PMAC and cannot participate in the formulation of PMAC's advice to Health Canada.

3.2 Ex officio member(s)

Membership of PMAC will include provincial representation, which will be assumed by the current provincial co-chair of the Federal/Provincial/Territorial Committee on Pest Management and Pesticides, as an ex officio member.

The Federal/Provincial/Territorial Committee on Pest Management and Pesticides co-chair rotates annually between provincial/territorial members in accordance with the Terms of Reference for Federal/Provincial/Territorial Committee on Pest Management and Pesticides.

In addition, it will also include representation from the Science Advisory Committee on Pest Control Products (SAC-PCP), which will be assumed by the current co-chairs from SAC-PCP as ex officio members.

All ex officio members are considered full members of PMAC, who have equal rights to participate in PMAC meetings and contribute to deliberations made by PMAC.

3.3. Alternate members

PMAC members representing organizations may nominate one alternate (throughout the terms of reference, the word "member" should be read as "member/alternate"). For greater certainty, the roles and responsibilities of the alternate are the same as the member for whom they are the alternate.

The alternates are approved by the Minister. Alternates shall come from the same organization as the PMAC member. However, where warranted, the Minister may consider approving an alternate from a different organization (for example, where the member organization cannot identify an internal candidate with the necessary knowledge or expertise), while ensuring that PMAC's membership continues to be balanced.

In consultation with PMAC's Executive Secretary and the members of PMAC, PMAC Secretariat will identify an alternate to the PMAC Chair from the current membership, who can act if the PMAC Chair is not available.

Each person who wishes to be considered for PMAC membership, including as an alternate, will submit pertinent documents requested by the PMRA, including the candidate's Curriculum vitae, Confidentiality Agreement, Personnel Screening, Consent and Authorization form, and Affiliations and Interests Declaration Form.

3.4 Tenure

The PMAC Chair is appointed for a minimum term of three years; the Minister may extend the term.

Members are appointed for a term of one to three years; the Minister may reappoint sitting members based on Health Canada's needs, the members' availability and willingness to continue their membership.

The tenures for representatives participating as ex officio member(s) on PMAC are governed by their respective ToR and contingent on their ongoing membership.

3.5 Resignation process

Members must provide notice of 14 calendar days of their intent to resign. The resignation notice must be in writing and be addressed to the Executive Secretary and to the PMAC Chair. The written notice should state the effective date of resignation.

The membership selection process specified in section 3.0 will apply to replace the individual who resigned.

3.6 End of appointment

The Minister may end a member's appointment for cause by writing to the member stating the reasons the appointment is being concluded and the effective date in the following circumstances:

the member has failed to act according to PMAC's Terms of Reference;
the member has failed to comply with their obligations under the Confidentiality Agreement;
a change in the member's affiliations and interests results in a previously undeclared direct financial interest that prevents their participation;
the member has missed three consecutive meetings of PMAC without informing the secretariat of the reason(s); or
the member has acted in a way that jeopardizes the integrity of PMAC.

Other reasons that could lead to the end of an appointment include:

the member's term is complete;
the member resigns;
the member becomes a federal government employee;
the mandate of PMAC has been completed;
the mandate of PMAC is changed and the member's knowledge, experience, or expertise is no longer relevant to the revised mandate; or,
The Minister decides to rescind PMAC's mandate and Terms of Reference.

4.0 Affiliations and interests

To be considered for appointment, potential members must complete and return the Affiliations and Interests Declaration Form. The personal information in a completed Affiliations and Interests Declaration Form is protected under the Privacy Act.

Health Canada will not make public any information in the form without the member's permission. However, as a condition of membership, members will allow Health Canada to publish on its website a Summary of Expertise, Experience, and Affiliations and Interests, which will be based on the completed Affiliations and Interests Declaration Form.

For SAC-PCP's co-chairs serving on PMAC, their biographies and the summary of expertise, experience, and affiliations and interests will be cross-referenced to that posted on the website for SAC-PCP. For the Federal/Provincial/Territorial Committee on Pest Management and Pesticides' co-Chair serving on PMAC, consistent with their ToR, the biographies and summary of expertise, experience, and affiliations will not be published.

In addition to publishing the summary of expertise, experience, and affiliations and interests, the PMAC Chair will also ask members to make a verbal statement of their relevant affiliations and interests at the beginning of each meeting.

Members are required to update the Secretariat and PMAC Chair of any changes to their affiliations and interestspromptly and on an ongoing basis.

PMAC members are expected to conduct themselves in an appropriate manner and abide by PMAC's ToR. PMAC members may not use their position on PMAC for their private financial gain or for the financial gain of any other person, company, or organization.

5.0 Security clearance

All PMAC members are required to undergo a security clearance and obtain a Government of Canada "reliability status" as a condition of participation. The Secretariat will coordinate the security screening process and will provide the required forms to be completed by candidates.

This requirement does not apply to the Federal/Provincial/Territorial Committee on Pest Management and Pesticides ex officio members who are subject to provincial/territorial processes, or to SAC-PCP ex officio members who are subject to their committee's security clearance process.

6.0 Indemnification

All members of PMAC serve on a volunteer basis. Health Canada undertakes to provide its volunteer PMAC members with protection against civil liability that arises out of their actions as a PMAC member, provided the member acts in good faith, within the scope of their volunteer duties, does not act against the interests of the Crown and does not otherwise have available such protection.

In order for an eligible member to receive protection against civil liability, including for legal costs of defending an action as well as any award of damages against them, PMAC members must give prompt notice to Health Canada of any claim, action, suit or proceeding brought against the member, and must obtain Health Canada's consent, in advance, to the legal counsel selected to represent the PMAC member and any associated costs.

Health Canada may, at its own expense and discretion, participate in the conduct of the defence of any such claim, action, suit or proceeding, and any negotiations for the settlement of the same.

Health Canada will indemnify the member for payment of any settlement, provided that the member has obtained Health Canada's consent to the settlement.

7.0 Roles and responsibilities

7.1 Members

All members of the Council will have equal status during PMAC meetings.

PMAC members have the responsibility to:

Be available and prepared to participate in PMAC meetings;
Participate in the discussions about PMAC's advice and recommendations to the Minister of Health;
Consider all the input received that is related to the mandate of PMAC when preparing their recommendations, advice, or reports;
Review the final Report and provide feedback in a timely manner;
Notify the Secretariat and the PMAC Chair of any changes in the status of their affiliations and interests that may be relevant to the mandate of the Council;
Make a verbal statement of affiliations and interests at the beginning of each meeting when asked by the PMAC Chair.
Inform the Secretariat of any media inquiries pertaining to the Council.

7.2 Commitment to confidentiality

To support their ability to provide well-informed advice, PMAC members may receive from Health Canada and discuss information that is confidential in nature.

At the discretion of the Executive Secretary, and in consultation with the PMAC chair, PMAC meetings may be:

open only to PMAC members;
open only to PMAC members and government staff;
open only to PMAC members, government staff, and invited presenters; or
open to PMAC members, government staff, invited presenters, and observers.

Confidential materials and/or topics will not be discussed while invited presenters or observers are in attendance.

Documents that are confidential in nature will be shared exclusively using protective measures that prevent the information from being shared or viewed outside of the Council's function. For the viewing of confidential test data, an affidavit stating that the member does not intend to use the test data, or make the test data available to others, may be required.

The Secretariat will identify information according to the level to which it is protected under the Policy on Government Security. The PMAC Chair will ensure that everyone participating in the meeting, telephone discussion, e-mail exchange or in another form of communication has received clear instructions on the confidentiality of the proceedings.

Every person will sign a Confidentiality Agreement before participating in the Council as a member, specialized expert, or invited presenter. The agreement prohibits the disclosure of any confidential information by any means (including social media) received through participation in the Council, including information received verbally or in writing through email correspondence, telephone calls, print materials, meeting discussions, etc.

All members are expected to protect and maintain any information divulged during the work of the Council as confidential. Members must not discuss this information with persons not on the Council, or divulge information obtained from the work of the Council, including presentations made to it.

7.3 PMAC Chair

PMAC Chair has a responsibility to:

To be the primary liaison to the Secretariat;
Chair the PMAC meetings;
At the start of each meeting, clarify the purpose and anticipated outcome(s) of the meeting;
Ensure that both official languages can be used in Council discussions;
Ensure that every member of the Council has an opportunity to be heard and that no view is ignored or overlooked;
Assess workload and ensure the volume of work does not compromise the rigour of the discussion;
Aid in the co-development of meeting agendas with the Executive Secretary;
Invite members to make a presentation at a meeting, when relevant and appropriate;
Identify when information and discussions should be treated as confidential and clarify expectations of members regarding this information;
Ask members to make a verbal statement of their relevant affiliations and interests at the beginning of every meeting;
Facilitate a full and open discussion among PMAC members in fulfillment of PMAC's mandate, including in formulating its recommendations to the Minister;
Seek consensus on PMAC's advice among all PMAC members, and, if there is no agreement, to ensure that this diversity of opinion is noted in the meeting report (including recommendations);
Submit PMAC's advice to the Minister in the form of a report to the Secretariat;
Support, in any other way, the fulfillment of PMAC's mandate.

7.4 Secretariat

The Secretariat is housed in Health Canada's PMRA. The Secretariat is the administrative liaison between PMAC members and Health Canada, and is an organizational and administrative resource for members of PMAC.

The Secretariat will:

Organize PMAC meetings;
Coordinate the member appointment process;
Coordinate the preparation and distribution of the agenda and background materials for PMAC members, observers, and others, in consultation with the Executive Secretary, relevant PMRA Directorates and the PMAC chair; with consideration to sensitive or confidential information according to the level to which it is protected under the Policy on Government Security;
Assist PMAC Chair in carrying out their responsibilities, including facilitating questions and answers during meetings as needed;
Prepare drafts of Council's reports, which will be circulated for members' review and finalized once comments are received and incorporated; and,
Prepare the meeting summary for the chair's approval and,
Carry out any duties as appropriate to support PMAC.

7.5 Media and communications

In accordance with Policy on Communications and Federal Identity, Health Canada's PMRA and the PMAC Chair may designate a spokesperson for media inquiries related to PMAC.

PMAC members are able to speak to the media if they choose; however, members are required to inform the Secretariat of any media activities and respect the signed confidentiality agreement that prohibits the disclosure of any confidential information.

Council members may also direct any media or communication inquiries about PMAC to the Secretariat, who in turn will contact Health Canada's Media Relations team. The Media Relations Officer will follow up with PMAC Secretariat, as required.

7.6 Social media

Social media content developed by a member of PMAC, which describes work conducted by the PMAC, must be reviewed and approved by the PMAC Secretariat before being disseminated.

8.0 Management and administration

8.1 Transparency

Health Canada is committed to transparency as an operating principle. Transparency of PMAC is served by:

ensuring that meeting schedules are shared publicly and predictable, where possible
Posting PMAC reports and other relevant materials on Canada.ca. These materials may include the following:

Terms of Reference;
membership list;
members' biographies;
summaries of affiliations and interests;
Secretariat contact information;
Agendas, and,
reports, including the meeting summary reports and PMAC's recommendations.

Health Canada is subject to the Access to Information Act (ATIA), which provides Canadian citizens and permanent residents of Canada the right to access information contained in federal government records, subject to certain specific and limited exceptions.

The ATIA serves to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions.

Records pertaining to the work of PMAC under the control of Health Canada, including input from its members in any form (for example, emails, meeting records) may be assessed for public release in the event a request for access to this information is received under the ATIA. Members may consult with the Secretariat for additional information on implications of the ATIA.

8.2 Meeting agendas

The Executive Secretary, and the PMAC Chair, with input from the members, develops the meeting agenda, including identifying questions and issues for discussion. Members will be canvassed for relevant agenda items in advance of regularly scheduled meetings.

8.3 Meeting notice and invitations

The Secretariat will, in consultation with the Executive Secretary, the PMAC Chair and with input from members, schedule meetings and will send meeting invitations.

Meetings may be limited to PMAC members only or may be opened to Health Canada staff, presenters, and observers by invitation.

The Secretariat sends out the invitations to attend a meeting.

Members will generally receive the agenda and briefing material two weeks in advance and presentations five days before a meeting.

8.4 Frequency, type, and location of meetings

There will be at least one meeting (in-person, hybrid or virtual) a year. Additional meetings may be held on an as-needed basis.

For virtual meetings, members must make every effort to ensure that a secure line is used and that no one else can see and/or listen to the proceedings.

In setting meeting dates, the Secretariat will make every attempt to accommodate the availability of as many members as possible.

A meeting cannot be held unless quorum is achieved. If quorum is not achieved for a Council meeting, the meeting will be rescheduled for a later date.

Quorum is determined to be at least one-half the number of current membership including ex officio members (rounded up if there is an uneven number of existing members), including the Chair.

8.5 Travel and expenses

Members of PMAC, including the Chair, who travel for authorized PMAC purposes will have their travel and accommodation expenses reimbursed according to the Government of Canada's Travel Directive and Directive on Travel, Hospitality, Conference and Event Expenditures. Honoraria will not be paid.

8.6 Observers

The Secretariat, in consultation with the Executive Secretary and the PMAC Chair, may allow individuals, organizations or members of the general public to observe a meeting or part of a meeting.

Portions of PMAC meetings will be open to observers who request permission from the Secretariat in advance. The Secretariat has the right to deny requests, on the basis of balance, venue capacity or other considerations.

Observers will not be permitted to provide input on agenda items or participate in the discussions, unless specifically invited to do so by the PMAC Chair. Observers will not be provided with copies of the documentation provided to Members.

A list of persons, or organizations, that have requested to observe a meeting will be made available to PMAC members.

When observers are present at a meeting, the PMAC Chair will, as part of the opening remarks,

State the requirements and expectations regarding any information being discussed at the meeting; and,
Clarify that observers may not participate in the discussions, either by speaking or by otherwise expressing their support for or disagreement with what is being said, unless specifically invited to do so by the PMAC Chair.

The PMAC Chair may ask observers who do not respect these rules to leave the meeting.

PMAC reserves the right to meet in camera where necessary. Meeting agenda will indicate any closed sessions where possible. Meetings, or portions of meetings, held in camera will not be open to observers.

8.7 Invited presenters

The Secretariat, in consultation with the Executive Secretary and the PMAC Chair, may invite individuals with particular expertise or experience to provide input on a specific topic or agenda item. Invited guests may participate in the discussions if the PMAC Chair specifically invites them to do so, but they do not participate in the formulation of advice.

8.8 Requirements of presenters and observers

PMRA may require an invited presenter or observer to complete the following documents appropriate to the mandate of PMAC:

Affiliations and Interests Declaration Form; and
Confidentiality Agreement;
Personnel Screening, Consent and Authorization form

8.9 Deliberations and reports

Deliberations during meetings may be held in camera in order to foster open, frank, and free-flowing discussion. Meeting deliberations are not electronically recorded unless deemed necessary and otherwise agreed upon between the Chair and the Executive Secretary. The PMAC Chair and the Executive Secretary may grant observer status, for all, or part of, the Council deliberations to selected individuals.

PMAC is encouraged to reach a consensus in providing recommendations or advice whenever possible. When a consensus is not possible, the report will reflect the diversity of opinions (for example, dissent). Specifically, the reasons for a lack of consensus, if any, should be clearly identified and substantiated. In such cases, PMAC shall recommend a proposal for resolution. In cases where there is a divergence of opinion, the different opinions will be documented, and the number of members supporting each opinion recorded.

When scientific information is presented at PMAC, Health Canada expects that the meeting and related discussions are conducted in line with the principles set out in the Health Canada – Public Health Agency Scientific Integrity Policy and all associated guidelines. These guidelines promote the ethical practices of scientific research, regulatory assessment, and in the use of scientific information.

In keeping with the Official Languages Act, the PMAC members have the right to participate in discussions in the official language of their choice. Information prepared for the Council will be provided in both official languages. Technical information and scientific reviews shared with the PMAC members will be provided in the language they were created.

The Secretariat will prepare a draft meeting report and circulate it to members for review and confirmation. The report will include recommendations and advice provided by members. The PMAC Chair will submit the final report to the Minister, via the Secretariat. The Secretariat will publish the report on Health Canada's website.

8.10 Intellectual property

Health Canada's PMRA must preserve its ability to freely use (for example publish, reproduce, translate) the work authored by members of PMAC. As such, members who have contributed to the formulation of written materials in their role on PMAC will be required to assign to the Government of Canada any copyrights they own and to waive any moral rights they have in those materials. Written materials could include any documents, reports, etc.

8.11 Review

The Executive Secretary, on behalf of the Minister, will review the membership, mandate, activities, Terms of Reference, and relevance of PMAC periodically to determine if these have met their objectives and continue to meet Health Canada's needs.

Recommendations for improvement will be considered on an ongoing basis.

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Date modified:: 2024-01-26

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