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Regulatory Proposal PRO2025-02, Pre-Consultation – Proposed Amendments to the Pest Control Products Regulations (Pest Control Devices)

Pest Management Regulatory Agency
7 March 2025
ISSN: 1925-122X (PDF version)
Catalogue number: H113-8/2024-2E-PDF (PDF version)

Table of contents

This proposal and PRO2025-01, Pre-Consultation – Proposed Amendments to the Pest Control Products Regulations (Product Exemptions) are part of the regulatory initiative Proposed Amendments to the Pest Control Products Regulations (Product Exemptions and Pest Control Devices).

1.0 Executive summary

Health Canada's Pest Management Regulatory Agency (PMRA) is reviewing the current regulatory framework for pest control devices under the Pest Control Products Regulations to reduce un-necessary regulatory burden as well as potential regulatory gaps while maintaining high standards for protection of health and the environment.
The term “pest control device” refers to a wide range of equipment that functions to control pests through:

In Canada, some of these devices are subject to Pest Control Products Act, and require registration. Some devices are considered to have minimal impact on human health or the environment, while others may pose greater risks and may require a higher degree of regulatory oversight.

This proposal aims to modernize Health Canada's regulatory oversight for pest control devices in Canada by:

On 30 November 2018, PMRA published Regulatory Proposal PRO2018-02, Pre-Consultation - Proposed Regulatory Amendments to the Pest Control Products Regulations (Pest Control Devices) for comment. PMRA considered all comments received on PRO2018-02 in developing this regulatory proposal, which supersedes PRO2018-02.

This regulatory initiative is included in the 2018 Agri-food and Aquaculture Regulatory Review Roadmap. The Agri-food and Aquaculture Roadmap is the plan developed by participating departments and agencies (Agriculture and Agri-food Canada, the Canadian Food Inspection Agency, Fisheries and Oceans Canada, Health Canada and the Public Health Agency of Canada) to address the issues, irritants and bottlenecks, and support innovation and novel regulatory approaches in the agri-food and aquaculture sector. This initiative would address key stakeholder concerns, including enhancing regulatory clarity by better defining which products require registration and specifying conditions of authorization for some products.

The PMRA is also undergoing a transformation process to further strengthen human health and environmental protection. This is being achieved through:

The amendments proposed in this consultation document would support these transformation objectives by modernizing the regulations and providing greater clarity on which products are authorized and which ones require registration, while maintaining the standards of human health and environmental protections.

2.0 Background

In Canada, pest control products are regulated under the Pest Control Products Act and its associated regulations, including the Pest Control Products Regulations. While most pest control products must be registered under the Pest Control Products Act to be used in Canada, the Pest Control Products Regulations describe a group of products that are exempt from the application of the Pest Control Products Act and a limited group of product types that are otherwise authorized (in other words, exempt from registration). Products that are authorized are still subject to regulation under the Pest Control Products Act, including risk-based compliance and enforcement.

Pest control products include the following: agricultural chemicals such as herbicides, biologicals, insecticides and fungicides; industrial chemicals such as wood preservatives; consumer products such as personal insect repellents and swimming pool disinfectants; treated articles, and pest control devices.

The current regulatory framework for pest control devices requires registration of the devices listed in Schedule 1 of the Pest Control Products Regulations. The Pest Control Products Act does not apply to devices that are not included in Schedule 1 of the Pest Control Products Regulations; any pest control device that is not listed in Schedule 1 is exempt entirely from the application of the Pest Control Products Act (for example, pesticide application equipment or equipment for the mechanical control of weeds, novel technologies that do not fall into one of the Schedule 1 categories).

The current regulatory framework also authorizes two specific categories of devices:

Current Regulations
Devices subject to registration under the Pest Control Products Act
Pest Control Products Regulations - Schedule 1

Current Regulations
Devices authorized with conditions
Pest Control Products Regulations

Health Canada reviews devices, on a case-by-case basis, when inquiries are received from manufacturers/retailers of devices to determine whether the device falls under one of the categories of devices listed in Schedule 1, and during compliance inspections in the marketplace. Decisions on the regulatory status of devices are often made based on historical interpretation, previous regulatory decisions, and awareness of risks.

In the absence of clear regulatory guidance, it is possible that many manufacturers are unaware that their devices are subject to the Pest Control Products Act. Manufacturers are encouraged to seek ‘subject to registration' decisions if they are unsure if the device they market is subject to the Pest Control Products Act and if it requires registration or not.

The current approach to regulating devices has inadvertently created regulatory uncertainty for new technologies or novel devices that do not clearly fall into any of the categories listed in Schedule 1. This is concerning as these devices would not undergo a regulatory assessment to characterize their potential risks to human health and the environment.

3.0 Oversight under the Pest Control Products Act

3.1 Advertising claims

Manufacturers of devices must ensure that any claims made about the operation, effectiveness or performance characteristics of a device are accurate. It is a contravention of subsection 6(7) of the Pest Control Products Act to package, label or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression regarding its character, value, quantity, composition, safety or registration. Manufacturers of devices are encouraged to follow Health Canada's Guidelines for the Advertising of Pest Control Products (DIR2016-01) and NOI2021-02 Proposal to allow labelling of human pathogens on products regulated under the Pest Control Products Act for any advertising claims related to their products.

Subsection 24(1) of the Pest Control Products Regulations prohibits the label of a pest control product from including public health claims that represent the product as a treatment, preventive or cure for any disease, disorder or abnormal physical state listed in Schedule A.1 to the Food and Drugs Act. This prohibition, however, does not extend to public health claims regarding any other diseases, disorders, or abnormal physical states, including Lyme disease and West Nile virus, which have been the subject of public health claims permitted in Canada. Consistent with existing policy, under this proposal pest control devices would only be permitted to have public health claims if the PMRA has assessed the benefits of the product through registration.

3.2 Responding to possible significant risks

The risks to people and the environment from the products proposed to be authorized are expected to be low. The Pest Control Products Act includes mechanisms to address risks of health or environmental concern. For example, if a significant risk is identified regarding a type of authorized product that requires immediate action to address, the Minister of Health could take action by making an interim order under subsection 67.1(1) of the Pest Control Products Act. In addition, Health Canada is considering additional measures to address possible risks of authorized products.

4.0 Measures under consideration

During the review of current regulatory issues associated with pest control devices, PMRA examined the following:

Health Canada is proposing to:

Devices that are exempt from the Pest Control Products Act are not subject to requirements under the Pest Control Products Act and may be regulated by another body or legislation.

Authorization of pest control products in this case refers to products that are exempt from registration. Authorizing a pest control product in this way reduces administrative burden for both industry and government, while providing appropriate oversight (in other words, post market controls) for products being sold and marketed in Canada. It does, however, place greater responsibility on industry to ensure that products marketed meet certain conditions that would be established in the regulations. Manufacturers who ensure their devices comply with all these conditions would not be required to register them under the Pest Control Products Act. Authorized devices continue to be subject to risk-based compliance and enforcement activities under the Pest Control Products Act.

Taken as a whole, the proposed regulatory amendments would improve transparency and help businesses better determine if their products or devices must be registered. The proposed amendments would also strengthen health and environmental protection by eliminating possible regulatory gaps (for example, for novel technologies). Lastly, Health Canada expects that the proposed amendments would reduce burden for business by authorizing certain pest control devices.

4.1 Devices that must be registered under the Pest Control Products Act

In general, devices that meet the definition of a pest control product would continue to require registration under the Pest Control Products Act. Most devices that are currently registered under the Pest Control Products Act, such as those that operate by producing or generating UV radiation or another substance intended for pest control (for example, ozone, hydroxyl radicals, chlorine) would continue to do so. This proposed amendment would close regulatory gaps by ensuring that all pest control devices, including novel pest control technologies, are subject to the Pest Control Products Act and thus would require registration under the Pest Control Products Act, unless authorized or exempted. These products would undergo assessments to protect human health and the environment and ensure they products have value. This change would ensure the Pest Control Products Regulations continues to keep up with technological change, eliminate uncertainty for industry and provide clarity regarding the scope of regulatory requirements with respect to pest control product devices.

As detailed in Sections 4.2, 4.3 and 4.4 below, the proposal would also exempt or authorize certain devices with or without conditions where it has been determined that the device is not expected to pose unacceptable risks to human health or the environment based on many years of experience with these products. This will reduce burden for industry and help Health Canada to allocate its resources more efficiently.

4.2 Devices proposed to be exempt from the Pest Control Products Act

The following devices are proposed to be exempt from the application of the Pest Control Products Act:

4.3 Devices proposed to be authorized under the Pest Control Products Act with no conditions

The proposal would authorize all devices that control pests strictly through mechanical or physical means (in other words, there is no release of, or contact with, a pesticide) without any additional conditions, other than those listed in Section 4.4. Examples of these pest control devices would include but are not limited to:

The proposal would also authorize devices that operate by means of ozone or UV radiation for water treatment in wastewater or drinking water treatment systems. A combination of long-standing federal, provincial or territorial regulations or standards, as well as certification or guidance provides sufficient oversight of water treatment systems and methods that make use of UV radiation, and there is operational support and funding for drinking water treatment. Therefore, existing oversight and support address the risks in respect of water treatment, and regulating this through the Pest Control Products Act would be duplicative. UV and ozone-generating devices used for water systems treatment (drinking and wastewater) would not have increased burden as a result of the proposed amendments.

4.4 Devices proposed to be authorized under the Pest Control Products Act, with conditions

The proposal would authorize the following devices, with conditions, under the Pest Control Products Act:

Labelling conditions

All devices that are proposed to be authorized in this section would be required to meet the following labelling conditions and additional conditions proposed under the applicable categories:

  1. The name, postal address, telephone number and email address of the distributor or manufacturer.
  2. Under the heading “DIRECTIONS FOR USE”, the directions for the use of the device, including application rates, timing and frequency of application, and any limitations on its use.
  3. Information that identifies any risks to health or the environment associated with the handling, storage, display, distribution and disposal of the device or anything in connection with which the pest control product is to be used, and instructions on procedures to reduce those risks.
  4. Instructions in first aid, under the heading “FIRST AID INSTRUCTIONS”, that set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the pest control product.
  5. The intended use of the device and the identity of the device in terms of its function (for example, bird repellent laser, UV insect trap, pool chlorinator).

4.4.1 Conditions that would apply to traps using semiochemicals for the purpose of monitoring arthropod populations

Traps using semiochemicals for the purpose of monitoring arthropod populations are expected to have minimum impact on human health or the environment. Health Canada proposes that products would be authorized if the following additional conditions are met:

  1. The use of the device is limited to monitoring purposes only.
  2. The device is labelled as only being authorized for this purpose.

4.4.2 Conditions that would apply to traps that attract and destroy flying insects by means other than the use of an active ingredient that is a chemical or a substance

These devices would be authorized provided the following conditions that apply to devices that use electricity to generate UV radiation are met:

  1. The device is certified by a product certification body (for example, Canadian Standards Association (CSA), Underwriter Laboratories (UL), Intertek (ETL).
  2. The device must include safety features (for example, interlocks, automatic shut-offs) to prevent operation during installation, cleanups, and repairs OR the device must have a label statement directing users to shut off the device during installation, cleanups, and repairs.
  3. All of the following information must appear on the label of the device:
    • i. The certification mark of the product certification body.
    • ii. The precaution statement “This device must not be installed directly on or over surfaces where food is exposed, processed or prepared”
    • iii. If the device is intended for use indoors, the statement “To aid in the reduction of housefly population, use this device in conjunction with sanitary practices”
    • iv. If the device is intended for use outdoors, the statements “For outdoor use only” and “This device does not control mosquitoes, other biting flies, or ticks”
  4. In addition to 3 above, if the device emits UV radiation, the following must appear on the label of the device:
    • v. The principal display panel must state: “WARNING – UV radiation emitted from this product”
    • vi. The principal display panel and, if any, the operating manual must have safe use indications including where the device should be located to avoid human exposure to UV radiation.

Devices currently listed in Schedule 2, items 6 and 7 of the Pest Control Products Regulations would be replaced by these conditions.

4.4.3 Conditions that would apply to ultrasonic repellents

Ultrasonic repellents are electronic devices that generate specific ultrasound frequencies and sound pressures through the air in order to repel pests including mammals and birds.

Proposed additional conditions:

  1. The device is certified by a product certification body (for example, CSA, UL, ETL).
  2. The device must not generate ultrasound at sound pressures > 110 dB in the frequency range of 25–65 kHz.
  3. The device must include safety features (for example, interlocks, automatic shut-offs) to prevent exposure to “unsafe” sound pressure levels during installation, cleanups, and repairs OR the device must have a label statement directing users to shut off the device during installation, cleanups, and repairs.
  4. All of the following information must appear on the label of the device:
    1. The certification mark of the product certification body.
    2. The label must indicate the sound pressure and frequency range of the device.
    3. The statement “Keep pets and children at least 2 metres away from the device when operating.”
  5. The device must not be represented to control mosquitoes, biting flies, or ticks.

4.4.4 Conditions that would apply to swimming pool and spa chlorine generators

Swimming pool or spa chlorinating generators are devices that are manufactured, represented or sold as a means to control bacteria, algae, and viruses in pool or spa water by generating free available chlorine (in other words, hypochlorous acid) from the electrolysis of salt (sodium chloride) added to the water.

Health Canada proposes that these devices be authorized provided the following additional label and use conditions are met:

  1. The device is certified by a product certification body (for example, CSA, UL, ETL).
  2. The device is certified by the National Sanitation Foundation (NSF International) to NSF/ANSI 50 – Equipment for Swimming Pools, Spas, Hot tubs and other recreational water facilities, as amended from time to time.
  3. All of the following information appears on the label:
    1. The logo of the applicable product certification body
    2. The logo of NSF
    3. Information to users on appropriate levels for pool or spa parameters:
      1. Free available chlorine: pool: 1–3 ppm; spa: 3–5 ppm
      2. pH: 7.2–7.8
      3. Total alkalinity: 80–120 ppm
      4. Calcium hardness: pool: 200–300 ppm; spa: 150–200 ppm
      5. Salt (sodium chloride): specific level required for normal operation of the pool or spa device
      6. Cyanuric acid (stabilizer, used in outdoor pools only) 30–100 ppm
    4. The statement, “The life expectancy of the electrode is (# of hours) hours under normal use conditions”
    5. The statement, “When replacing the electrode, only use replacement electrodes having a label that clearly states that it is a replacement electrode for the chlorine generating device [Name of the device and model]”
    6. The statement to the PRECAUTIONS section, “DO NOT use this device with bromide products”

4.4.5 Conditions that would apply to swimming pool or spa copper ion generators

Swimming pool or spa copper ion generators are devices that are manufactured, represented or sold as a means to control algae in pool or spa water by releasing copper ions (Cu+, Cu2+) from copper metal electrodes using a low voltage.
Health Canada proposes these devices be authorized provided the following additional label and use conditions are met:

  1. The device is certified by a product certification body (for example, CSA, ETL, UL).
  2. All of the following information appears on the label of the device:
    • The logo of the applicable product certification body
    • Information to users on appropriate levels for pool or spa parameters:
      • maintain 0.2–1.0 ppm of copper ions in swimming pool or spa water
    • The statement, “Must be used with a primary pool/spa sanitizer”
    • The statement, “Refer to the Directions for use of your primary pool or spa sanitizer for appropriate water parameters”
    • The statement, “The life expectancy of the electrode is (# of hours) hours under normal use conditions”
    • The statement, “When replacing the electrode, only use replacement electrodes having a label that clearly states that it is a replacement electrode for the copper ions releasing device [Name of the device and model]”

4.4.6 Conditions that would apply to devices that control or kill micro-organisms by means of UV radiation

Ultraviolet radiation-emitting devices that are currently subject to the Pest Control Products Act and Pest Control Products Regulations are limited, as they are constrained by the scope of the defined term in the Pest Control Products Regulations. Such devices do not currently include devices that operate by means of UV radiation to control or kill plant or animal pathogens (for example, in greenhouse settings), or for use in swimming pools, spas, wastewater treatment systems or drinking water treatment systems.

As described in Section 2, this proposal would amend the Pest Control Products Regulations to regulate all devices manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms, or to reduce their population levels by means of UV radiation.

Devices that operate by means of UV radiation that are classified as a Class II, III or IV medical device under the Medical Devices Regulations will continue to be exempt from the Pest Control Products Act and would not be affected by the proposal.

Devices that operate by means of UV radiation for use in wastewater treatment systems or drinking water treatment systems would be authorized without conditions, as indicated in Section 4.3.

The remaining devices that operate by means of UV radiation would be authorized if they meet the conditions currently described in paragraph 4(1)(c) and section 30.1 of the Pest Control Products Regulations. The proposal would amend the Pest Control Products Regulations to describe these conditions in the proposed Schedule 1.

Conditions for authorized UV radiation-emitting devices in the Pest Control Products Regulations (paraphrased)

1 – i) The device is certified by a product certification body as meeting the applicable Canadian electrical safety requirements.
    ii) The certification mark of the product certification body appears on the label of the device.

2 – Any claim of efficacy that is made in respect of the device is made only in relation to supplemental sanitization.

No express or implied claim in relation to the treatment, mitigation or prevention of disease is made in respect of the device.

3 – Its UV lamp, or other component that emits UV radiation, is fully shielded or enclosed in the device, in a manner that prevents exposure to UV radiation.

OR

If the device can be used in commercial or industrial premises or in institutional education or health care facilities and if the device itself is contained in a ventilation system in a manner that prevents exposure to UV radiation, then it does not require its UV lamp to be fully shielded or enclosed in the device.

4 – The device has at least one of the following:

OR

If the device can be used in commercial or industrial premises or in institutional education or health care facilities and if the UV lamp or UV component of the device is unshielded and the device does not have a locking or automatic shut-off mechanism, it must be either:

5 – The device does not produce or generate any other substance, including ozone or hydroxyl, that may be harmful to human health during operation.

6 – All of the following information must be displayed on the principal display panel and in the operating manual of the device:

7 – All of the following information must appear on the secondary display panel of the device:

4.4.7 Conditions that would apply to outdoor glue sticky traps for controlling arthropods

Health Canada proposes these devices would be authorized provided the additional condition would be met:

  1. Traps must be designed in such a way to prevent entrapment of mammals or birds.

4.4.8 Conditions that would apply to electronic rodent traps

Health Canada proposes these devices be authorized provided the following additional label or use conditions are met:

  1. The device is certified by a product certification body (for example, CSA, ETL, UL).
  2. All of the following information appears on the label of the device:
    • The label has the logo of the applicable product certification body
    • The label contains the statement “Keep out of reach of children and pets”
    • The label and manual contain safety information to prevent incidental shocks from touching the metal plates when the device is powered

4.4.9 Conditions that would apply to water sprinklers intended to repel birds and mammals

Health Canada proposes these devices be authorized provided the following conditions are met:

  1. Devices operate with pressures under 690 kPa (100 psi).
  2. The label must contain a companion animal warning statement.

4.4.10 Conditions that would apply to sound cannons used to repel birds and mammals

Health Canada proposes these devices be authorized provided the following additional condition is met:

  1. The maximum peak pressure for pulsed noise cannot exceed 140 dB.

4.4.11 Conditions that would apply to laser devices intended to repel birds and mammals

Laser devices must comply with the Radiation Emitting Devices Regulations. When used as a pest control product to repel birds and mammals, Health Canada proposes these devices be authorized provided the following additional conditions are met:

  1. The laser is certified as Class 1, Class 2, Class 3R, Class 1M, or Class 2M, as defined in the standard, IEC 60825-1:2014 by a product certification body.
  2. For Class 1, Class 2, Class 3R lasers, the device must include a scanning safeguard to prevent the device from exceeding its classification.
  3. All of the following information must appear on the label:
    • The logo of the applicable product certification body
    • The directions for use contain the statement “This laser device is intended to repel [target birds/mammals] as part of an animal management program. Device performance should be monitored to ensure it is effective”
  4. For Class 1, Class 2, Class 3R lasers, the following information must appear on the label:
    • Directions to the user to ensure the area within the nominal ocular hazard distance (NOHD)is restricted during maintenance or service
    • Directions to the user including information on administrative controls and personal eye protection
    • If the device is intended for use outdoors, directions to the user to ensure the beam does not cause visual interference for users, bystanders, or wildlife
    • For scanning laser products, include safety information for maintenance and servicing
  5. For Class 1M and Class 2M laser devices, the following information must appear on the label:
    • Directions to the user to ensure the beam direction and elevation does not expose users or bystanders within the extended nominal ocular hazard distance (ENOHD) (for example, deactivate/shut down the laser if the beam goes outside the controlled space)
    • Directions to the user to require attended operation

5.0 Input requested

Health Canada is seeking input from interested stakeholders on the proposed amendments to the Pest Control Products Regulations, as set out in this document. All are invited to submit their views.

6.0 Next steps

Written comments on this proposal will be accepted up to 60 days from the date of publication. Please forward all comments to pmra.regulatory.affairs-affaires.reglementaires.arla@hc-sc.gc.ca.

Please include the following information with your comments: your full name and organization (where applicable), and contact information.

Health Canada will consider all comments received, in anticipation of a formal consultation being issued in the Canada Gazette, Part I. Please note that the regulatory amendments associated with this proposal may result in changes to related policies and interpretive guidance. Consistent with Health Canada's obligations under the Pest Control Products Act, consultation on those changes to policies and guidance will take place as required

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