Regulatory Proposal PRO2025-01, Pre-consultation – Proposed amendments to the Pest Control Products Regulations (product exemptions)

Pest Management Regulatory Agency
7 March 2025
ISSN: 1925-122X (PDF version)
Catalogue number: H113-8/2025-1E-PDF (PDF version)

Table of contents

• 1.0 Executive summary
• 2.0 Background and issues
• 3.0 Summary of measures under consideration
  • 3.1 Responding to possible significant risks of authorized products
• 4.0 Proposed exemptions from the application of the Pest Control Products Act
  • 4.1 Nitrogen stabilizers
• 5.0 Proposed authorizations through amendments to Pest Control Products Regulations
  • 5.1 Macro-organisms
  • 5.2 Imported treated seed
  • 5.3 Authorization of pentachlorophenol-treated poles and cross-arms
  • 5.4 Foods used as pest control products
• 6.0 Proposed authorizations through amendments to Schedule 2
  • 6.1 Supplements regulated under the Fertilizers Act
  • 6.2 Chlorine for zebra and quagga mussel control in water intake pipes
  • 6.3 Modernizing the authorization of pool and spa products
  • 6.4 New candidates for Schedule 2
• 7.0 Addressing a concern of the Standing Joint Committee for the Scrutiny of Regulations
• 8.0 Input requested
  • 8.1 Next steps

This proposal and PRO2025-02: Pre-Consultation – Proposed Amendments to the Pest Control Products Regulations (Pest Control Product Devices) are part of the regulatory initiative Proposed Amendments to the Pest Control Products Regulations (Product Exemptions and Pest Control Devices).

1.0 Executive summary

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 products that are exempt from the application of the Pest Control Products Act and others that are 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.

Health Canada’s Pest Management Regulatory Agency (PMRA) is reviewing the regulatory framework for pest control products authorized under the Pest Control Products Act or exempt from the application of the Act, with a view to reducing un-necessary regulatory burden while maintaining high standards of protection for human health and the environment.

The review takes into account internal program evaluation and comments received from stakeholders, including those received in response to PRO2018-03, Pre-Consultation - Proposed Regulatory Amendments to the Pest Control Products Regulations (Product Exemptions). PMRA considered all comments received in developing this regulatory proposal, which supersedes PRO2018-03.

This proposal aims to amend the Pest Control Products Regulations to address topics pertaining to the following:

• exempting from the application of the Pest Control Products Act certain products regulated under other federal legislation;
• authorizing certain pest control products;
• updating conditions of authorization for certain pest control products listed in Schedule 2; and
• codifying existing practice.

This regulatory initiative was 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 (CFIA), 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 issues identified by stakeholders, including making regulations more clear, agile, and responsive by improving clarity on which pest control products are authorized or require registration.

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

• modernized business processes for the review of pest control products;
• improved transparency and public access to information and data across the regulatory pesticide processes; and,
• the increased generation and use of comprehensive, real-world data on water monitoring, crop production and pesticide use, as well as independent scientific advice.

The amendments proposed in this consultation document would support these transformation objectives by modernizing the regulations and providing additional regulatory clarity, while maintaining the standards of human health and environmental protections.

2.0 Background and issues

The Minister of Health's primary objective under the Pest Control Products Act is to prevent unacceptable risks to human health and safety and the environment from the use of pest control products. To meet this objective, the Pest Control Products Act requires the Minister of Health to conduct assessments of pest control products to determine if the risks to health or the environment are acceptable, and the products have acceptable value.

Before a pest control product can be used or sold in Canada, it must be registered or otherwise authorized under the Pest Control Products Act. Section 3 of the Pest Control Products Regulations exempts certain pest control products from the application of the Act. Section 4 and Schedule 2 of the Pest Control Products Regulations authorize certain products (in other words, exempt from registration) provided the conditions, if any, set out in the regulations are satisfied. Although both exemption from the application of the Act and exemption from registration are forms of authorization, the term authorization in this proposal means exemption from registration. Products that are authorized are still subject to regulation under the Pest Control Products Act, including risk-based compliance and enforcement.

Health Canada is conducting a comprehensive review of the Pest Control Products Regulations to:

• ensure the Pest Control Products Regulations continue to meet program objectives, while minimizing administrative burden on regulated parties and government; and
• ensure alignment between the regulations and operational policies and procedures

3.0 Summary of measures under consideration

Health Canada intends to proceed with certain regulatory amendments that build on and refine those proposed in PRO2018-03. Taken as a whole, the proposed amendments would either exempt certain products from the application of the Pest Control Products Act or authorize certain products under certain conditions.

The following products are proposed to be exempted from the application of the Pest Control Products Act:

• nitrogen stabilizers that act on soil bacteria, as such products and their associated health and environmental risks are already regulated under the Fertilizers Act.

Exempting products from the application of the Act means that they are not subject to regulatory oversight under the Pest Control Products Act.

The following pest control products are proposed to be authorized, with conditions, under the Pest Control Products Act:

• indigenous and non-indigenous macro-organisms used for plant protection;
• imported treated seed, provided the active ingredient used to treat the seed is registered or otherwise authorized in Canada for use as a seed treatment and the seed is treated in accordance with the approved range of application rates for that active ingredient;
• certain uses and activities regarding pentachlorophenol-treated poles and cross-arms installed prior to October 2026, such as transfer of ownership, and possession;
• certain foods used as pest control products;
• plant supplements in a manner consistent with the authorization of fertilizers under the Pest Control Products Act;
• the use of chlorine for zebra and quagga mussel control in water intake pipes; and;
• for pool and spa products listed in Schedule 2,
  • clarification of the conditions, including that authorized pool and spa products are limited to domestic class products, and that they must be re-packs^{Footnote 1}(Guidance for completing the Statement of Product Specification Form [Form 6003] ) of active ingredients, with some exceptions; and
  • establishment of the ranges of certain active ingredient concentrations, consistent with the registered active ingredient, listed in Schedule 2 of the Pest Control Products Regulations for pool and spa products.

PMRA only considers authorization for products when health and environmental risks and value are acceptable. Authorizing certain products reduces administrative burden for both industry and government, while providing an appropriate amount of oversight (in other words, post-market controls) for products being sold and marketed in Canada. It does, however, place greater responsibility on regulated parties to ensure that marketed products meet the conditions that would be established in the regulations. Products that are compliant with the applicable conditions would not require registration under the Pest Control Products Act. Products that are authorized continue to be regulated under the Act and are subject to risk-based compliance and enforcement activities.

In addition to the proposals to exempt certain products from the application of the Pest Control Products Act and to authorize those listed above, Health Canada is also proposing the following amendment:

• clarifying the labelling provisions with respect to the outermost package requirements.

3.1 Responding to possible significant risks of authorized products

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 Proposed exemptions from the application of the Pest Control Products Act

Health Canada proposes that the following products be exempted from the application of the Act through amendments to section 3 of the Pest Control Products Regulations.

4.1 Nitrogen stabilizers

Nitrogen stabilizers are applied with many forms of nitrogen-based fertilizers. Nitrogen stabilizers are used to increase nitrogen-use efficiency by reducing losses through volatilization, leaching, runoff, denitrification, etc., allowing for more of the applied nitrogen fertilizer to be used by the crop. These products can be impregnated or coated onto dry fertilizers, mixed into solutions of liquid fertilizers, co-applied with anhydrous ammonia, or can be blended with liquid manure prior to application into the soil.

Nitrogen stabilizers that act on soil bacteria meet the definitions of a "pest control product" under the Pest Control Products Act and as a "supplement" under the Fertilizers Act. This regulatory duplication has created confusion. To eliminate this duplication, Health Canada and the CFIA have agreed that the CFIA would be responsible for regulating these products in Canada under the Fertilizers Act; therefore, Health Canada is proposing that nitrogen stabilizers that act on soil bacteria be exempt from the application of the Act under section 3.

This amendment would eliminate this regulatory duplication and provide industry with a single consistent regulatory approach for these products. The scientific risk assessments conducted by CFIA adequately address the health and environmental risks, and value associated with these products.

5.0 Proposed authorizations through amendments to Pest Control Products Regulations

Health Canada proposes that the following products be authorized through amendments to section 4 of the Pest Control Products Regulations.

5.1 Macro-organisms

“Pest control products” are defined in subsection 2(1) of the Pest Control Products Act as (emphasis added):

1. a product, an organism or a substance including a product, an organism or a substance derived through biotechnology, that consists of its active ingredient, formulants and contaminants, and that is manufactured, represented, distributed or used as a means for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its noxious or troublesome effects;
2. an active ingredient that is used to manufacture anything prescribed in [the above] paragraph (a); or
3. any other thing that is prescribed to be a pest control product.

The Pest Control Products Act does not limit the scope of what organisms may be considered to be pest control products. Both microscopic organisms (for example, bacteria) and macroscopic organisms (for example, insects) can thus be pest control products.

Macro-organisms that are used as biological control agents for direct or indirect plant protection are subject to regulation under the Plant Protection Act, which is administered by the CFIA. Since the release of non-indigenous macro-organisms as biological control agents is already subject to review under the Plant Protection Act, petitions for such releases are reviewed by the Biological Control Review Committee , an interdepartmental process involving Health Canada, the CFIA, Agriculture and Agri-Food Canada, and Natural Resources Canada. Examples of recommendations made include Dichorampha aeratana (a moth), for controlling oxeye daisy; and the release of Ceutorhynchus scrobicollis (a weevil) for controlling garlic mustard.

The release of indigenous macro-organisms into the environment as biological control agents is considered to be low risk to human health and to the environment. Few (if any) records of adverse impacts have been noted, and such organisms are already widely distributed through other activities unrelated to pest control (for example, transportation).

Currently there are no registrations for macro-organisms used as biological control agents under the Pest Control Products Act. Health Canada proposes to amend subsection 4(1) of the Pest Control Products Regulations to authorize indigenous and non-indigenous macro-organisms for plant protection, meaning that registration for such organisms would not be required (they would instead be regulated by the CFIA under the Plant Protection Act). Indigenous macro-organisms, as noted above, are considered to be of low risk.

Moreover, the PMRA’s participation in the Biological Control Review Committee review process is anticipated to be sufficient oversight for non-indigenous macro-organisms to meet the health, environmental, and value considerations under the Pest Control Products Act. This process would not apply to macro-organisms either without plant protection implications or that are derived through biotechnology (for example, those that are genetically modified or gene-edited).

These organisms would be subject to the Pest Control Products Act if they fall within the definition of “pest control product” under the Act.

This proposed amendment is anticipated to have no impact on stakeholders.

5.2 Imported treated seed

Subsection 6(1) of the Pest Control Products Act prohibits, among other things, the import of unregistered pest control products unless otherwise authorized. Treated seed, meaning seed into which a pest control product is intentionally incorporated or to which the product is applied, is a pest control product, and authorized through Schedule 2, provided that the active ingredient(s) and the pest control product used to treat the seed are registered in Canada for the purpose of treating those seeds. This means that registration is not required for treated seed that meets these requirements.

Treated seed imported into Canada is almost exclusively treated with a product registered in the country of origin, which may or may not be the same pest control product that is registered in Canada. As a result, it can be challenging to meet the current authorization requirements, despite there being no concerns from a health and environmental perspective where similar products are approved in the country of origin to treat the seed but are not registered in Canada.

In order to address this inconsistency, Health Canada proposes to amend section 4(1) of the Pest Control Products Regulations to codify current practice by authorizing the importation of treated seed, provided the active ingredient used to treat the seed is registered or otherwise authorized in Canada for use as a seed treatment (in other words, the treated seed would not have to be treated with an end-use product that is registered in Canada), and the seed is treated in accordance with the PMRA-approved range of application rates for that active ingredient. Codifying current practice in this way would make it easier for importers to comply with regulatory requirements and improve Health Canada’s ability to perform compliance verification activities, as required. This proposed amendment is not anticipated to have an impact on the health, environmental, and value considerations under the Pest Control Products Act.

As this proposed amendment would not be a change to current practice, it is not anticipated to have any impact on stakeholders.

5.3 Authorization of pentachlorophenol-treated poles and cross-arms

In RD2023-13, Registration Decision Pentachlorophenol Treated Poles and Cross-Arms , the PMRA granted registration for the sale and use of the remaining supply of pentachlorophenol treated poles and cross-arms until 4 October 2026. This allows utility companies to deplete the existing stock of pentachlorophenol-treated utility poles and cross-arms, ensuring people and essential services in Canada continue to have access to reliable electricity and telecommunications. After this date pentachlorophenol-treated utility poles and cross-arms will no longer be registered. Health Canada determined that use of that remaining stock of pentachlorophenol-treated utility poles and cross-arms installed prior to 4 October 2026 has acceptable risks to human health and the environment.

Health Canada also heard from stakeholders that there may be a need for the re-location or re-installation of pentachlorophenol treated poles and cross-arms. For example, a pentachlorophenol treated pole may be installed prior to 4 October 2026, but 10 years later it must be re-located to widen a road. Other stakeholders indicated that pentachlorophenol-treated poles that are no longer used for electrical distribution could be repurposed to have raptor nesting platforms constructed on top to aid in gopher control around farm pastures and to keep raptors from nesting on poles that have live electricity lines. Health Canada considers the health and environmental risks of these uses to be comparable to the permitted uses in RD2023-13.

To support the intent of RD2023-13, Health Canada is proposing to amend section 4(1) of the Pest Control Products Regulations to authorize certain activities with respect to pentachlorophenol-treated utility poles and cross-arms installed prior to 4 October 2026. This would authorize the use, relocation, transfer of ownership, and possession of pentachlorophenol-treated poles and cross-arms installed prior to 4 October 2026. The possession, handling, storage, and transport of pentachlorophenol treated poles and cross-arms for the purpose of disposal would be authorized. Additionally, affixing a structure (such as a raptor nesting platform) to an installed pole would be permitted; however, the reuse of treated poles that requires modifications, such as repurposing a treated pole or cross-arm for another use, would not be authorized.

The amendments would align with the intent of the RD2023-13, have acceptable risks to human health and the environment, and ensure that people and essential services in Canada have access to reliable electricity following the phase-out of the use of pentachlorophenol.

Health Canada has also heard from stakeholders that the 4 October 2026, date may have disproportionate impact for northern communities, and we would welcome comments with respect to potential impacts for these communities.

5.4 Foods used as pest control products

Health Canada's regulatory review of the Pest Control Products Regulations provided an opportunity to investigate options for authorizing certain food items of interest to the organic agriculture sector. Based on earlier consultation with the former Organic Value Chain Roundtable (OVCRT), which represented organic growers in Canada, Health Canada is proposing to amend section 4(1) of the Pest Control Products Regulations to authorize certain food products, under certain conditions, used:

• to control pests on commercially produced food and non-food crops (for example, feed, fiber, oil, ornamental, industrial),
• for plant protection and weed management on non-agricultural lands (for example, industrial land, shelterbelts, rights-of-way, non-crop areas adjacent to crops) and residential lawns and gardens, for use in traps as an attractant, and
• for oiling bird eggs as authorized by federal, provincial or territorial government officials.

The proposal would exclude certain uses and applications of foods to be authorized under subsection 4(1). The authorized foods may not be:

• applied to water, structures or other objects (for example, equipment, furniture) indoor residential/public areas ., stored commodities, plant propagation materials, animals, and people
• used to kill or repel vertebrate pests,
• used as an antimicrobial product, and
• used on crops that could be inhaled (smoked or vaped), such as cannabis, industrial help and tobacco.

Although it is expected that the foods would be purchased through the food supply chain, and the sale of food is regulated under the Food and Drugs Act (FDA), their use as pest control products is regulated under the Pest Control Products Act.

The proposed authorization of certain foods does not include extracts and essences of edible plants and botanicals, including essential oils, as there are too many factors that must be considered to make general presumptions of safety (for example, different sources/species, different methods of processing, differences in types and levels of contaminants of concern such as methyl eugenol).

The list of candidate foods submitted by OVCRT were reviewed and grouped into two categories:

• Foods with low/no risks of concern
• Foods that are identified by Health Canada as priority allergens

5.4.1 Foods with low/no risks of concern

Foods with low/no risks of concern include:

• Baking soda
• Beer
• Canola oil
• Cayenne pepper
• Chili powder
• Cinnamon (powder and stick)
• Citrus juice
• Cooking oil (vegetable; other than those that contain allergens as defined in the FDA)
• Corn meal
• Cornstarch
• Garlic (whole plant, powder, minced, granulated, chopped, and juice)
• Horseradish
• Mint tea
• Potato
• Rosemary (fresh and dried)
• Salt (table)
• Sugar
• Vinegar (table and pickling)

In order to qualify for authorization, the food products listed above would need to meet the following conditions:

1. Be free of any poisonous or harmful substances when it is used/applied.
2. Be fit for human consumption at the time of application.
3. Be free in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance when applied.
4. Be unadulterated as that term is understood in section 4 of the FDA when it is used/applied. The FDA s. 4.2 states that:
    ‘A food does not have a poisonous or harmful substance in or on it for the purposes of paragraph (1)(a) — or is not adulterated for the purposes of paragraph (1)(d) — by reason only that it has in or on it a pest control product as defined in subsection 2(1) of the Pest Control Products Act, or any of its components or derivatives, if the amount of the pest control product or the components or derivatives in or on the food being sold does not exceed the maximum residue limit specified under section 9 or 10 of that Act’.
5. Be stored under sanitary conditions. 
6. Have not been further manufactured into a formulated pest control product (formulated pest control products must be registered under the Pest Control Products Act).

5.4.2 Foods identified as priority allergens proposed for use as pest control products:

• Bran (wheat)
• Eggs (whole and dried)
• Flour (wheat)
• Milk (fresh and powdered)
• Soybean oil
• Wine (may contain sulphites)

The food products identified as priority allergens, listed above, would be authorized if they meet conditions 1 through 6 specified in section 5.4.1 and if they are used in accordance with all of the following conditions:

1. Limited to application to or incorporation in: nursery and greenhouse operations, which includes seeding, potting and transplanting activities; fields after the harvested crop has been removed; soil-directed applications around and adjacent to all plants; aerial and ground applications that occur when no above-ground harvestable food commodities are present (usually pre-bloom); or seedling and planting beds.
2. Applications to the same crop from which the food commodity is derived, whether the plant fraction(s) intended for harvest are present or not (for example, applications of peanut meal to peanut plants).
3. Not directly applied to harvestable/edible portions of the crop.

Health Canada is seeking input from stakeholders on additional foods that could be considered for authorization for specified uses. The PMRA will consider permitting the use of suggested foods under specific conditions provided the risks are acceptable and the product has value.

6.0 Proposed authorizations through amendments to Schedule 2

Products listed in Schedule 2 are authorized under the Pest Control Products Act without the need for registration as long as all applicable conditions are met. Health Canada proposes that the following products be authorized through amendments to Schedule 2 of the Pest Control Products Regulations.

6.1 Supplements regulated under the Fertilizers Act

“Fertilizers” are defined in section 2 of the Fertilizers Act as “any substance or mixture of substances, containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient”.

The Fertilizers Act further defines “supplement” as “any substance or mixture of substances, other than a fertilizer, that is manufactured, sold or represented for use in the improvement of the physical condition of soils or to aid plant growth or crop yields”.

Dual-property products exist that combine a pest control product with a fertilizer or a supplement. The pesticidal activity is regulated by Health Canada under the Pest Control Products Act, and the fertilizer or supplement activity is regulated by the CFIA under the Fertilizers Act.

Subparagraph 4(1)(b)(i) and item 2 of Schedule 2 of the Pest Control Products Regulations authorize “a fertilizer that is subject to the Fertilizers Act, if the pest control product contained in it is registered under the [Pest Control Products Act]”. This means that such pest control products do not require registration; however, the authorization is specific to fertilizers, meaning that pest control products combined with a supplement are subject to registration. Regulated parties have noted the challenges with registering and labelling dual-property products that combine pest control products and supplements.

Health Canada proposes to amend item 2 of Schedule 2 of the Pest Control Products Regulations to authorize supplements, in a manner identical to how fertilizers are authorized.

The Fertilizers Act has existing pre- and post-market review requirements, which include the assessment of such supplements, taking into consideration similar health and environmental outcomes as would be required by the Pest Control Products Act. The regulatory oversight by the CFIA adequately addresses the health and environmental risks, and value associated with these products. It would also reduce regulatory burden on stakeholders, as certain products would no longer require registration under the Pest Control Products Act.

6.2 Chlorine for zebra and quagga mussel control in water intake pipes

Zebra and quagga mussels are invasive species that, if left unchecked, can pose severe threats and economic impacts on waterways and native species. Chlorine has been used to prevent the buildup of zebra and quagga mussels in intake pipes in Ontario, both for potable and for industrial process water since 1992, through the Note to the Canadian Association of Pest Control Officials C92-03. Health Canada is proposing that this use be made available to other provinces as the zebra and quagga mussel problem spreads.

The proposed amendment to Schedule 2 would authorize chlorine for use in intake pipes for both potable and industrial water to control zebra and quagga mussels, in a way that is consistent with the conditions permitted in C92-03^{Footnote 2} (online request form ). The conditions are:

1. The system modifications required to prevent buildup of zebra and quagga mussels in intake pipes meet existing requirements and standards for traditional potable water application of chlorine.
2. Effluent and return water in industrial applications must meet traditionally recognized and accepted environmental and water quality objectives (established in applicable federal, provincial or territorial regulations or standards).
3. Chlorine treatment rates must be consistent with rates for traditional potable water treatment.
4. The use of chlorine must meet existing provincial and federal health, environmental and aquatic objectives (for example, the Food and Drugs Act, the Ontario Water Resources Act).

6.3 Modernizing the authorization of pool and spa products

In SOR/1992-655, end-use products containing registered active ingredients used in the manufacture of swimming pool and spa products were authorized under Schedule 2 of the Pest Control Products Regulations. Manufactured pool and spa end-use products that use these registered active ingredients and meet the conditions set out in Schedule 2 can be sold and used in Canada without registration. Although registration of such products is not required, they remain subject to risk-based compliance and enforcement activities, as with all pest control products subject to the Pest Control Products Act.

It was estimated at the time that due to the additions to Schedule 2, approximately 500 selected domestic class products that were previously registered for the control of bacteria and/or algae in residential swimming pools and spas were exempted from registration.

Currently authorized pool and spa products as set out in Schedule 2 are as follows:

Table 1 List of the active ingredients currently listed in Schedule 2 for pool and spa products

Active ingredient	Use	Concentration (%)	Available chlorine (%)
Sodium hypochlorite	Pool	10.8	10.3
Calcium hypochlorite	Pool	65 or 70	65 or 70
Trichloro-s-triazinetrione	Pool	100	90
Lithium hypochlorite	Pool	29	35
Sodium dichloro-s-triazinetrione	Pool/Spa	100	62
Sodium dichloro-s- triazinetrione dihydrate	Pool/Spa	100	56

Guidance on the pool and spa products in Schedule 2 and the applicable conditions are contained in the Regulatory Directive DIR93-05 (The Directive). However, certain policies outlined in this Directive are not reflected in the Pest Control Products Regulations. For example, the Directive states that:

• scheduled pool and spa products must be re-packs^{Footnote 1} of the registered active ingredients and must not contain any formulants, and
• scheduled pool and spa products are restricted to Domestic class products only.

Based on discussions with pool and spa companies and internal discussions, Health Canada explored options for updating the existing regulations to reflect current practices, while using this opportunity to further reduce regulatory burden while maintaining health and environmental protections. With respect to pool and spa products, several candidates for addition to Schedule 2 were also considered. The outcome of the review and proposed amendments to Schedule 2 are outlined below.

6.3.1 Proposed changes for pool and spa products

The following amendments to Schedule 2 are proposed to align the regulations with operational policy:

6.3.1.1 – Formulants/additives in pool and spa products: The regulations would clarify that formulants would not be permitted in scheduled pool/spa products, which would be limited to repacks of the active ingredients only. Products that contain concentrations, mixtures or active ingredients other than those listed in the schedule would be subject to the registration process.

The following two exceptions to the restriction on formulants are being considered: formulants used in the manufacture of chlorinating tablets as discussed in 6.3.3.2 below; and dual sodium bromide and sodium dichloro-s-triazinetrione products.

6.3.1.2 – Class of products: The scheduled product must be a domestic class swimming pool or spa product to control bacteria and/or algae. Commercial class/category products will be subject to the registration process.

6.3.1.3 – Formulation types: Currently the Regulatory Directive DIR93-05 identifies which formulation types (for example, solution, granule, tablet) are permitted in end-use products; however, the regulations do not reflect this policy. The proposal would amend the regulations to clarify which formulation types are authorized.

6.3.1.4 – All sources of the active ingredient used in the product must be registered under the Pest Control Products Act.

6.3.1.5 – The requirements for contents, use instructions, limitations, precautionary statements and hazard symbols must appear on the product label.

The Directive appends model labels that are recommended to assist manufacturers and registrants in preparing compliant labels. This guidance, including model labels, would be updated as the regulatory amendments come into force. For the use and concentration of active ingredients described in this schedule, the registrant could use these model labels by inserting their company's relevant information (for example, address, brand designation).

6.3.1.6 – Prescribed limitations on the concentration of registered active ingredient and the amount of available chlorine/bromide, as applicable, must be followed.

6.3.2 Update regulations due to re-evaluation decisions

As a result of the regulatory decisions from the re-evaluations of sodium bromide, sodium hypochlorite and calcium hypochlorite pool/spa active ingredients, the following amendments to Schedule 2, and other actions are being proposed.

6.3.2.1 – Sodium bromide for spa uses: Based on comments received during the public consultation period for the 2018 re-evaluation of sodium bromide ,^{Footnote 3} Health Canada proposes to authorize a different spa use for sodium bromide that is applied at a lower rate and in combination with a different activator (sodium dichloro-s-triazinetrione, which is already on Schedule 2). This amendment would align with the use pattern for registered sodium bromide end-use products, at concentrations for which risks were found to be acceptable. This authorized use is proposed as a single product composed only of registered sodium bromide (14.7%) and available chlorine, present sodium dichloro-s-triazinetrione (52.7%) technical grade active ingredients. The 2020 amendment to remove sodium bromide used with potassium monopersulfate (SOR/2020-263 ) from Schedule 2 was focused on addressing human health risks and did not include this change.

In SOR/2024-259 , Health Canada updated the appropriate signal words and precautionary symbols in the Table to Section 7 in Schedule 2 of the Pest Control Products Regulations for sodium hypochlorite and calcium hypochlorite to address human health risks identified during re-evaluation. To support implementation of those amendments, Health Canada intends to update model labels in accompanying guidance for recommended label statements on precautions, first aid, toxicological and use instructions.

6.3.3 Updating regulations to better reflect current practices

The following proposed amendments to Schedule 2 will update the Pest Control Products Regulations to reflect current practices and incorporate an outcome of the re-evaluation decision for sodium bromide.

6.3.3.1 Establishing ranges of active ingredient concentrations

For each of the pool and spa active ingredients listed in Schedule 2, an analysis of currently registered products and their respective use patterns was undertaken to explore whether there were opportunities to establish or expand the concentration ranges. As a result of this analysis, Health Canada is proposing to establish or expand the range of active ingredient concentrations to be used in scheduled products. The sources of registered active ingredients currently available to manufacturers of pool products come in a range of concentrations and the current schedule precludes many of these sources from being used to manufacture scheduled end-use products. Establishing a range of concentrations for scheduled active ingredients (for example, calcium hypochlorite at 65–75%) would reduce the administrative burden for industry and government while maintaining health or environmental protection. It would allow manufacturers to choose among alternative registered sources based on cost/availability while still meeting the conditions in Schedule 2 for these products.

The table below sets out the current Schedule 2 available chlorine concentration, and the proposed range of available chlorine concentrations for each listed active ingredient. The proposed range was determined based on those of registered pool and spa products with the same active ingredients.

The PMRA is proposing the following updates to Schedule 2 pool and spa products:

Table 2 Proposed updates to Schedule 2 pool and spa products

Active Ingredient	Current Schedule Available Chlorine (%)	Proposed Schedule Available Chlorine (%)
Sodium hypochlorite	10.3	10–11
Calcium hypochlorite	65 or 70	65–75
Trichloro-s-triazinetrione	90	90–91
Sodium dichloro-s-triazinetrione including anhydrous and dihydrate	56 (dihydrate) and 62 (anhydrous)	55–62 (either form)

6.3.3.2 Use of additives/formulants in the manufacture of pool and spa tablets

During the analysis of the currently scheduled pool tablets, it was noted that certain formulants or additives are used in the manufacturing of some trichloro-s-triazinetrione and sodium dichloro-s-triazinetrione pool/spa tablets (molding agents, flowing agents, etc.).

Health Canada is seeking input from manufacturers via this consultation document on what additives/formulants are used in the manufacture of these tablets. PMRA will consider permitting the use of certain formulants in scheduled trichloro-s-triazinetrione and sodium dichloro-s-triazinetrione tablets under specific conditions provided the risks are determined to be acceptable. This would allow the use of these formulants in the manufacture of tablets that use scheduled pool and spa products.

6.3.3.3 Expand formulation types and uses

For each of the pool and spa active ingredients listed in Schedule 2, an analysis of currently registered end-use products and their respective use patterns was undertaken to explore whether there were opportunities to expand the formulation types (for example, granules or tablets) and uses (for example, pool or spa).

As a result, Health Canada is proposing to:

6.3.3.3.1 Add tablet formulations of sodium dichloro-s-triazinetrione

According to the Regulatory Directive DIR93-05, scheduled sodium dichloro-s-triazinetrione products (including anhydrous and dihydrate forms) are permitted as a soluble granule formulation only. The proposed amendment to Schedule 2 would authorize the tablet formulations of sodium dichloro-s-triazinetrione and would allow the use of soluble granule and tablet formulations.

6.3.3.3.2 Expand the scheduled use of trichloro-s-triazinetrione to include spas.

Currently, scheduled trichloro-s-triazinetrione products are permitted to be used in pools only. The proposed amendment would allow the use of scheduled trichloro-s-triazinetrione products in spas as well.

6.3.3.4 Use of lithium hypochlorite in swimming pools and spas

Lithium hypochlorite is currently authorized for use in swimming pools and spas and is listed on Schedule 2. Lithium hypochlorite as a pool and spa product is in low demand and has alternatives available. Furthermore, there are no registered end-use products of lithium hypochlorite. In PRO2018-03, Health Canada sought input on manufacturers’ support for continued scheduling of lithium hypochlorite pool products and the extent of lithium hypochlorite use in pools and spas in Canada; however, Health Canada did not receive any responses regarding this point.

Health Canada is therefore proposing to remove lithium hypochlorite from Schedule 2. This would mean that previously scheduled lithium hypochlorite products would no longer be authorized and would instead be subject to registration.

6.4 New candidates for Schedule 2

An analysis of registered end-use products for pool and spa uses was undertaken in order to identify potential new candidates for addition to Schedule 2. Health Canada determined that such a product would need to meet several criteria, including the following: the product must not contain formulants (in other words, it must be a re-pack1); it must not be combined with another active ingredient; and there are no available data yet to be reviewed.

Several active ingredients representing 400 registered pool and spa end-use products were considered. However, upon final analysis it was determined that none of the products reviewed satisfied all of the criteria at this time. Health Canada is seeking input from manufacturers via this consultation document on potential new candidates for addition to Schedule 2.

7.0 Addressing a concern of the Standing Joint Committee for the Scrutiny of Regulations

The Pest Control Products Regulations were amended in 2019 (Canada Gazette, Part 2, Volume 153, Number 11 ) to, among other things, permit a pest control product that is contained in more than one package to bear a specified subset of approved label information on its outermost package during storage, transport and handling. The intent was to provide registrants with the option of not including the full label on an outer container in situations where it may not be practical to do so (for example, shipping). However, the SJCSR has noted that it appears that the requirement to include the full display panel on the outer container has not been removed.

To address this issue, the Pest Control Products Regulations would be amended to clarify that for labelling outermost packages during storage, transportation or handling, registrants can make use of subsections 26(3) and (4) of the Pest Control Products Regulations to display a specified subset of the full label without having to make an application to PMRA to amend their registration as per section 8 of the Pest Control Products Act. The display panel requirements would not be required to be on the outermost package of a pest control product, if the labelling provisions under subsections 26(3) or (4) of the Pest Control Products Regulations are applied.

This would be in addition to the existing options, namely that registrants can put the full label on the outermost package of a pest control product; and that applicants can apply for approval to use a reduced label under subsection 8(2) of the Pest Control Products Act and section 28 of the Pest Control Products Regulations.

8.0 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.

Moreover, Health Canada is seeking input on the specific questions (summarized below) regarding sections 5.3, 5.4.2, 6.3.2.2 and 6.4:

• the potential impacts of the 4 October 2026, date for pentachlorophenol treated poles and cross-arms on northern communities (section 5.3),
• the lists of foods to be authorized (section 5.4.2),
• information from manufacturers on the additives/formulants are used in the manufacture of trichloro-s-triazinetrione and sodium dichloro-s-triazinetrione tablets (section 6.3.2.2),
• potential new candidates for addition to Schedule 2 (section 6.4).

Please refer to the relevant section for the full question and context.

8.1 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 that includes a telephone number as well as a complete mailing address or email address.

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.