Pesticides compliance and enforcement: Activities and results
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The Pesticides Compliance Program (PCP) conducts compliance promotion activities to increase the awareness and understanding of regulated parties about regulatory requirements under the Pest Control Products Act (act). Such activities include:
- exhibits at trade shows
- presentations to stakeholders
- developing and distributing publications such as fact sheets and information packages
PCP’s compliance promotion activities target audiences including:
- the public
- companies with regulatory obligations under the act
Compliance monitoring involves providing oversight over regulated parties to verify that they deliver activities according to the act.
The prioritization of the PCP compliance monitoring activities is a result of:
- annual risk-based planning exercises
- complaints from the public, industry or regulatory partners
PCP also collaborates with the Canada Border Service Agency (CBSA) to prevent unauthorized products from entering Canada.
PCP conducts inspections to monitor compliance with the requirements of the act. This involves collecting information to:
- determine that pesticides are used in compliance with label directions
- prevent or eliminate the presence of unregistered pesticides in Canada
Section 48 of the act designates inspectors to carry out a variety of functions to verify compliance or prevent non-compliance.
These functions, or inspector powers, include:
- examining or collecting documents
- taking photographs
- inspecting facilities where pesticides may be found or used
- taking samples of pesticides and other materials in the place being inspected
Inspectors collect information to assess overall compliance with the act, and with the conditions established on Health Canada’s approved labels. Such conditions may include:
- pesticide storage
- disposal of pesticide products
- use of personal protective equipment
- frequency and timing of pesticide application
- adherence to buffer zones and re-entry intervals
This information helps PCP determine if we need to take enforcement action.
Regulated parties must observe the authorities of inspectors to conduct these activities. They must not obstruct the inspector or make false or misleading statements to inspectors when they are carrying out their official duties.
Enforcement actions aim to:
- bring regulated parties into compliance with the act
- mitigate risks to protect human health and safety and the environment
- prevent future non-compliance
In verifying instances of alleged non-compliance, PCP inspectors examine the information collected during an inspection to determine whether there has been a contravention of the act. They also examine compliance with any conditions related to use of the product. If there has been a contravention, enforcement usually reflects the severity of the risks posed. In situations of repeat non-compliance by a regulated party, they may escalate enforcement.
PCP takes enforcement actions in accordance with its compliance and enforcement policy for pesticides. This policy outlines guiding principles for the fair, consistent and predictable application of the act.
Enforcement actions include:
- issuing warning letters that identify corrective actions
- issuing compliance orders to require regulated parties to take specific actions
- refusing importations of unauthorized products, in partnership with CBSA
- issuing administrative monetary warnings or penalties under the Agriculture and Agri-Food Administrative Monetary Penalties Act
- seizing and detaining products
- cancelling registrations
Learn about the results of our compliance and enforcement activities:
- Pest control product registrant inspection results
- Pesticides Compliance Program activity reports
- Enforcement bulletins under the Agriculture and Agri-Food Administrative Monetary Penalties Act
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