Information Note: Update on implementation of post-market decisions
Pest Management Regulatory Agency
21 December 2021
Health Canada is providing an update on the implementation of post-market review decisions and how phase-out measures following the cancellation of pest control product registrations will be imposed under subsection 21(5) of the Pest Control Products Act.
In 2018, Health Canada published Regulatory Directive DIR2018-01, Policy on Cancellations and Amendments Following Re-evaluation and Special Review (“Cancellation Policy”), which outlined the framework for the cancellation and amendment of pest control products.
Since the adoption of the Cancellation Policy, Health Canada has received numerous questions and requests for clarifications on its implementation. While work to update the policy is beginning, Health Canada has identified an area that would benefit from greater clarity around the status of cancelled products.
Registration status during the phase-out period
As of 21 December 2021, Health Canada will immediately cancel pest control product registrations on the date of a decision made under paragraph 20(1)(a), where a registrant fails to provide the required data pursuant to a notice, and on the date of a re-evaluation or special review decision made under paragraph 21(2)(b) of the Pest Control Products Act, unless the effective date is delayed under subsection 21(3) of the Pest Control Products Act. If there are no serious and imminent risks to human health or the environment, Health Canada will allow for a phase-out period consistent with the Cancellation Policy and will impose any conditions necessary for carrying out the purposes of the Pest Control Products Act under the authority of paragraph 21(5)(a) of the Pest Control Products Act.
Consistent with prior cancellation decisions that imposed a phase-out period, there can be:
- no further import of the cancelled pest control product into Canada, and
- no manufacture of the cancelled product within Canada.
While the pest control product registration is cancelled immediately, the product continues to be authorized under the Pest Control Products Act so that registrants, retailers and users may continue to possess, handle, store, distribute or use existing stocks of the product in Canada, as the case may be, in accordance with the conditions imposed under paragraph 21(5)(a) of the Pest Control Products Act.
Registrants, retailers/distributors and users will be required to meet any other conditions that may be imposed. These conditions may include disposal requirements, or continuing to report incidents or sales.
When risks of concern are considered to be imminent and serious, Health Canada may require the registrant to recall and dispose of the product in a manner specified by the Minister or may seize and dispose of the product in accordance with paragraph 21(5)(b) or 21(5)(c) of the Pest Control Products Act.
Impact on Registrant / Retailers / Users
During the phase-out period, cancelled products will be authorized under the Pest Control Products Act, and existing stocks in Canada will continue to be available for sale and use as per the periods described in the Cancellation Policy. Impact on registrants, retailers/distributors or users is considered minimal. Registrants, retailers/distributors and users will continue to be required to meet any conditions imposed by Health Canada in order to meet the purposes of the Pest Control Products Act.
Health Canada’s Pest Management Regulatory Agency (PMRA) recently updated its Public Registry to communicate to the public that a cancelled product is being phased-out. These products will no longer appear as “Registered” and will be listed as “Phase-out”. For improved transparency and to minimize confusion among users and other stakeholders, Health Canada will be publishing further instructions on how to find information in the Pesticide Product Information Database (PPID) on cancelled products that are being phased-out.
Health Canada will be reviewing the policy on cancellations and amendments following re-evaluation and special review.
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