Memorandum of Understanding between Environment and Climate Change Canada and the Pest Management Regulatory Agency, Health Canada

On this page

• I. Purpose
• II. Background
• III. Principles
• IV. Collaboration
• V. Collaboration on regulatory decisions
• VI. PMRA disclosure of confidential information
• VII. ECCC disclosure of confidential information
• VIII. Collaborative working arrangements
• IX. Appendices
• X. Responsible officials
• XI. MOU oversight committee and meetings
• XII. Dispute resolution
• XIII. Review of the MOU
• XIV. Terms of the MOU
• Schedule 1: List of Appendices

I. Purpose

1. This Memorandum of Understanding (MOU) replaces the MOU between the Parties dated December 2003.
2. The purpose of this MOU is to record agreement on principles and the intent to strengthen collaborative mechanisms that facilitate the timely exchange of information and advice, and to promote strong working relationships between Environment and Climate Change Canada (ECCC) and Health Canada's Pest Management Regulatory Agency (PMRA), hereinafter referred to as the "Parties", with respect to pest control products, pest management and related activities concerning the conservation and protection of the environment.

II. Background

3. The Parties have related mandates concerning the conservation and protection of the environment. Activities carried out under each Party's respective mandate have the potential to affect the programs and responsibilities of the other Party.
4. Pesticides are regulated federally in Canada by Health Canada, reflecting the importance placed on human health and environmental protection in the regulation of these products. The Pest Control Products Act, 2002, c. 28 (PCPA) governs how pesticides are regulated based on scientific risk assessment and risk management, before and after they are registered or otherwise authorized for use.
5. The mandate of PMRA, as defined in the PCPA, consists of a primary objective "to prevent unacceptable risks to people and the environment from the use of pest control products" furthered by the following ancillary objectives:
   1. Support sustainable development designed to enable the needs of the present to be met without compromising the ability of future generations to meet their own needs;
   2. Seek to minimize health and environmental risks posed by pest control products and encourage the development and implementation of innovative, sustainable pest management strategies by facilitating access to pest control products that pose lower risks and by other appropriate measures;
      1. Environmental risk, in respect of a pest control product, means the possibility of harm to the environment, including its biological diversity, resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration.
   3. Encourage public awareness in relation to pest control products by informing the public, facilitating public access to relevant information and public participation in the decision- making process; and,
   4. Ensure that only those pest control products that are determined to be of acceptable value are approved for use in Canada.

6. ECCC's mandate focuses on "minimizing threats to Canadians and their environment from pollution; equipping Canadians to make informed decisions on weather, water and climate conditions; and conserving and restoring Canada's natural environment."

   Under the Department of the Environment Act, the powers, duties and functions of the Minister of Environment extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to:

   1. The preservation and enhancement of the quality of the natural environment, including water, air and soil quality;
   2. Renewable resources, including migratory birds and other non-domestic flora and fauna;
   3. Water;
   4. Meteorology;
   5. The enforcement of rules and regulations including those made by the Canada-United States International Joint Commission relating to boundary waters respecting preservation and enhancement of the quality of the natural environment; and
   6. The coordination of the policies and programs of the Government of Canada respecting the preservation and enhancement of the quality of the natural environment.
7. Within the limits of its existing science capacity, ECCC carries out environmental research, monitoring and surveillance of the presence and fate in the environment of pest control products, and of the impacts on the environment of pest control products, of pest management strategies, and of pest control product risk reduction measures. In addition, ECCC participates in the development of national environmental quality guidelines and develops federal environmental quality guidelines for use with pest control products.
8. The Minister of Health and the Minister of Environment are also responsible for the enforcement of rules and regulations made by the Canada-United States International Joint Commission relating to boundary waters.
9. ECCC and PMRA also have a shared responsibility to protect the environment from pesticides. ECCC has obligations to protect wildlife and the environment under the Canadian Environmental Protection Act, 1999 (CEPA); the Migratory Birds Convention Act, 1994; the Canada Wildlife Act; the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; the Canada Water Act; the Species at Risk Act; and the Fisheries Act (Section 36(3) as well as the other pollution prevention provisions of that Act), along with international commitments towards the preservation of biodiversity. ECCC is therefore interested in pest management regulatory decisions as they affect its responsibilities for environmental conservation and protection, and for sustainable development. PMRA has obligations to protect the environment, including wildlife, from potential risks associated with the use of pest control products under the PCPA. Under the PCPA subsection 4(1), the Minister of Health's primary objective is to prevent unacceptable risks to people and the environment, including wildlife, from the use of pest control products.
10. CEPA and the PCPA both define the environment as the components of the Earth and includes; (a) air, land and water; (b) all layers of the atmosphere; (c) all organic and inorganic matter and living organisms; and (d) the interacting natural systems that include components referred to in paragraphs (a) to (c).
11. The Species at Risk Act is a key federal government commitment to prevent wildlife species from becoming extinct and secure the necessary actions for their recovery. It provides for the legal protection of wildlife species and the conservation of their biological diversity. The purposes of the Act are to prevent Canadian wildlife species, subspecies, and distinct populations from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species and encourage the management of other species to prevent them from becoming at risk.
12. The Migratory Birds Convention Act, 1994, purpose is to protect and conserve migratory bird populations and individuals. Legal protection extends to their nests, eggs, and any part of the bird.
13. The Canada Wildlife Act allows for the creation, management and protection of wildlife areas for wildlife research activities, or for conservation or interpretation of wildlife. The purpose of wildlife areas is to preserve habitats that are critical to migratory birds and other wildlife species, particularly those that are at risk. The Wildlife Area Regulations prohibit all activities that could be harmful to species and to their habitat, unless a permit is issued indicating the permitted activity. Activities such as hiking, canoeing, photography and bird watching can be carried out without a permit in most areas.
14. The Fisheries Act is the primary federal legislation intended to manage and protect Canada's fisheries resources. Subsections 36(3) to (6) are pollution prevention provisions aimed at protecting fish and other aquatic life by prohibiting pollution that could be harmful to them.
15. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) applies to specific animal and plant species and forbids the import, export and interprovincial transportation of these species, unless the specimens are accompanied by the appropriate documents (licenses, permits).
16. The Canada Water Act provides the framework for cooperation with the provinces and territories in the conservation, development and use of Canada's water resources.
17. Some acts and regulations, including the PCPA and Pest Control Product Regulations (PCPR) are considered CEPA equivalent. This avoids regulatory duplication, while ensuring that standards for the protection of the environment and human health are met and applied to all substances, including pesticides.

III. Principles

18. The Parties, in carrying out their respective mandates, will cooperate and support each other in meeting their responsibilities related to environmental conservation and protection and sustainable development, and in other areas of mutual interest. In doing so, the Parties will ensure to the extent possible that their environmental conservation and protection policies and measures are complementary.
19. The provisions of this MOU are not to be interpreted in such a way that would:
    1. restrict either Party's agreements with other entities;
    2. restrict adherence by each Party to the legislation for which each is responsible; or,
    3. establish legally binding obligations on the Parties.
20. The Parties will advise each other on policies, programs, regulations and legislative reforms that may affect the mandate of the other.
21. The Parties will foster strong working relations that support and promote scientifically sound and timely decisions by establishing and maintaining an effective process to share information and exchange knowledge.

IV. Collaboration

22. In accordance with their respective authorities, mandates, priorities and resources, the Parties will undertake joint collaborative efforts on the presence, fate, and impacts of pest control products in the environment, including cumulative effects, when possible; pest management strategies; Canada's policy framework for managing chemicals, and pesticide risk reduction measures, and will:
    1. establish shared or complementary research, monitoring, surveillance and related priorities focused on regulatory and policy needs;
    2. provide timely expertise and scientific advice to inform assessments and to help guide the design of research, monitoring, surveillance and related priorities, including those of government agencies, academia, and industry; and,
    3. share the results, including data and scientific understanding, of these and related activities and other information in a manner consistent with the principles of this MOU.

V. Collaboration on regulatory decisions

23. As provided in section 28 of the PCPA, and as ECCC's interests and concerns are affected by the federal pesticide regulatory system, PMRA shall consult ECCC before making a decision:
    1. to grant or deny an application
       1. to register a pest control product that is or contains an unregistered active ingredient
       2. to register or amend the registration of a pest control product if the Minister considers that registration or amendment of the registration may result in significantly increased health or environmental risks; or
    2. about the registration of a pest control product on completion of a revaluation or special review.
24. In relation to section 28 of the PCPA, PMRA will engage ECCC in a discussion on relevant science needs in advance of regulatory decisions. Where a contribution can be made, ECCC will respond in a timely manner as per the notice and PMRA will consider the information and data provided by ECCC, including wildlife, species at risk, ecotoxicology research and monitoring data, and other relevant programmatic information in its decisions.
25. Pursuant to its legislation, PMRA will initiate a special review, or expand the scope of an existing re-evaluation or special review if, after considering information provided by ECCC, PMRA concludes that there are reasonable grounds to believe that the health or environmental risks of a registered pest control product are unacceptable.
26. ECCC will inform PMRA when an assessment of a substance under Part V or Part VI of CEPA is being considered, or has been initiated, for a component (active ingredient, formulant, contaminant, etc.) of a regulated pest control product, and at the earliest stage practicable, engage PMRA in a discussion on cooperative initiatives. Where a contribution can be made, PMRA will respond in a timely manner.
27. ECCC will engage PMRA on priority issues related to pesticides, including for example on relevant science needs, legislative amendments or policy changes, and communicating to Canadians on pesticides, which may arise from the Migratory Birds Convention Act, 1994; the Canada Wildlife Act; the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; the Canada Water Act; the Species at Risk Act; and the Fisheries Act (section 36(3) as well as the other pollution prevention provisions of that Act), along with international commitments towards the preservation of biological diversity.
28. PMRA will, as appropriate, provide ECCC with information and advice in the development of action plans to prevent and/or mitigate risks to the environment. ECCC will consider all relevant PMRA information in its regulatory decisions.
29. As agreed to by the Parties, and as appropriate, the Parties will inform, consult and consider each other's methodology, expertise, and relevant information in the development of environmental assessment methodologies, data requirements, test guidelines, and national and federal environmental quality guidelines.
30. The Parties will continue to maintain and enhance collaboration to obtain information to protect Canadians, the environment, including species at risk, and enhance PMRA's ability to consider available information to further inform risk assessments and risk management decisions.

VI. PMRA disclosure of confidential information

31. Subject to the provisions of the PCPA, PMRA may disclose to ECCC confidential test data, confidential business information or information in the Register in order to respond to a situation that endangers human health or safety or the environment.
32. Without legal authorization, ECCC shall not disclose or use the information for any purpose other than the purpose for which it was obtained.
33. ECCC shall take all reasonable precautions to provide protection from unfair commercial use and prevent any prohibited disclosure of the information it obtains from PMRA.
34. As approved by each Party's respective Information Technology/Information Management authority, access to the confidential information may be provided using encrypted email. If encrypted email cannot be used, alternate electronic access will be arranged. The intent is to ensure convenient access within a secure environment.

VII. ECCC disclosure of confidential information

35. Subject to the provisions of the following legislation, ECCC may disclose to PMRA confidential information in order to respond to a situation that endangers human health or safety or the environment:
    1. CEPA, Migratory Birds Convention Act, 1994 Canada Wildlife Act, Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, Canada Water Act, Species at Risk Act, Fisheries Act.
36. Without legal authorization, PMRA shall not disclose or use the information for any purpose other than the purpose for which it was obtained.
37. PMRA shall take all reasonable precautions to provide protection from unfair commercial use and prevent any prohibited disclosure of the information it obtains from ECCC, including landowner identification.
38. As approved by each Party's respective Information Technology/Information Management authority, access to confidential information may be provided using encrypted email. If encrypted email cannot be used, alternate electronic access will be arranged. The intent is to ensure convenient access within a secure environment.

VIII. Collaborative working arrangements

39. In addition to the formal mechanisms and linkages for implementation of this MOU, the Parties will encourage participation of staff on various task forces and working groups as appropriate.
40. The Parties will mutually support efforts to achieve long-term solutions, within the context of sustainable development, for the reduction of risks of harm to the environment and to support alternative pest management strategies and the goal of sustainable pest management.
41. The Parties will provide to each other, in a timely manner, documents and related media materials on issues of common interest specific to pest control product issues and sustainable pest management strategies. The Parties also agree to provide to each other, on request, information to support briefing and correspondence needs of Ministers and senior management.
42. In providing authoritative federal communications, PMRA and ECCC will each take the lead on issues related to their respective mandate for matters related to pest control products or areas concerning environmental conservation and protection. In matters related to the mandates of both parties, the Parties agree to cooperate in developing joint issue management strategies before communications are issued, to the extent possible, and will discuss communications strategies on a case-by-case basis. This will be facilitated by the respective communications teams contacting the other Party and informing and consulting with them, prior to any publications or announcements. To the furthest extent possible, this will be conducted with reasonable advanced notice.
43. As appropriate, the Parties will inform and consult each other and work cooperatively on the development and delivery of federal positions in the context of federal, provincial, territorial work, and Canadian positions and contributions to international fora and cooperative projects that may affect the programs and mandates of the other.
44. Where new national and international activities of mutual interest and concern arise, the Parties will discuss their respective roles and responsibilities.
45. Regarding proposed amendments to legislation and corresponding regulations, for areas of mutual interest, including pesticides, biodiversity, species at risk and chemical management (e.g., under CEPA; the Migratory Birds Convention Act, 1994; the Canada Wildlife Act; the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; the Canada Water Act; the Species at Risk Act; the Fisheries Act; and the PCPA), the Parties shall notify and consult each other, to facilitate timely awareness in order to assess impacts to their respective mandates, programs and inform their respective stakeholders.

IX. Appendices

46. As the need arises, the Parties may develop other agreements to clarify roles, responsibilities and processes where the acts and regulations administered by ECCC and PMRA have the potential to be affected by or overlap one another.
47. Schedule 1 shall consist of a list of all signed appendices to the MOU. As new appendices are developed, each shall be attached to an amended Schedule 1 which will itemize the new appendix. Both the new appendix and the updated Schedule 1 shall be signed by one Responsible Officer from each Party.
48. In case of inconsistency or conflict between a provision contained in the part of the MOU preceding the signatures and a provision contained in any of the Appendices to this MOU, the provision contained in the part of the MOU preceding the signatures will prevail.

X. Responsible officials

49. The Participants have designated the officials listed below as the Responsible Officials for the administration of the provisions of this MOU and appendices.

Responsible officials for PMRA

Position	Subject Matter Area
Senior Director General Regulatory Science and Operations	Regulatory decisions Science policy International activities
Director General Policy and Operations Directorate	Regulatory policy International (biodiversity)
Communications Executive Communications and Media Announcements Communication and Public Affairs Branch	All

Responsible officials for ECCC

Position	Subject Matter Area
Director General Industrial Sectors and Chemicals Directorate, Environmental Protection Branch	Stockholm and Rotterdam and other international chemical agreements
Director General Science Policy, Planning, and Partnerships Directorate, Science and Technology Branch	Science Policy
Director General Wildlife and Landscape Science Directorate Science and Technology Branch	Impacts of toxic substances
Director General Biodiversity, Policy and Partnerships Directorate Canadian Wildlife Services Branch	International conventions related to species preservation (biodiversity)
Director General Wildlife Assessment and Information Directorate Canadian Wildlife Services Branch	N/A
Director General Legislation and Regulatory Affairs Environmental Protection Branch	N/A
Director General Communications Publication Affairs and Communications	All

XI. MOU oversight committee and meetings

50. The Parties agree that each Party shall nominate one (1) Assistant Deputy Minister and one (1) Director General level member to an MOU Oversight Committee. The Committee shall meet on an annual basis, or as required, and discuss matters related to the operation and effectiveness of the MOU, areas for further collaboration and general opportunities to improve the nature and timeliness of the collaboration between the departments and to approve an Annual Work Plan.
51. The Responsible Officials shall meet semi-annually to draft the Annual Work Plan with input from the various working groups, if any.
52. Working Groups, both formal and informal, shall meet regularly as needed to ensure progress on specific areas of interest and develop considerations and recommendations for inclusion in Annual Work Plans.

XII. Dispute resolution

53. Where a dispute arises as to the interpretation of this MOU or of matters relating to its termination, or of performance hereunder, the Responsible Officials will attempt in good faith to resolve the dispute through negotiation. Should negotiation prove unsuccessful, the officials will submit the matter for resolution to the persons occupying the positions of the signatories of this MOU.

XIII. Review of the MOU

54. Within three years of the MOU coming into effect, or as needed based on legislative or substantial policy amendments, the persons occupying the positions of the signatories of this MOU may initiate a review of the MOU.

XIV. Terms of the MOU

55. This MOU will come into effect on the date of the last signature and can be amended at any time by the agreement of both Parties.
56. Participation in this MOU may be terminated by mutual consent or by one Party giving three months written notice to the other Party.

IN WITNESS WHEREOF, this MOU has been signed in both official languages and in duplicate on the dates indicated below.

For Health Canada, Pest Management Regulatory Agency:

Manon Bombardier, Assistant Deputy Minister
Pest Management Regulatory Agency, Health Canada
Date: 27 May 2024

For Environment and Climate Change Canada:

John Moffet, Assistant Deputy Minister
Environmental Protection Branch
Environmental and Climate Change Canada
Date: 4 June 2024

Marc D'Iorio, Assistant Deputy Minister
Science and Technology Branch
Environment and Climate Change Canada
Date: 31 May 2024

Tara L. Shannon, Assistant Deputy Minister
Canadian Wildlife Service
Environment and Climate Change Canada
Date: 4 June 2024

Schedule 1: List of Appendices

This Schedule 1 consists of a list of agreed-to appendices to the MOU (including sub-agreements). As new appendices are developed, each shall be attached to an amended Schedule 1. Both the new appendix and the updated Schedule 1 shall be signed by one Responsible Officer from each Party.