On March 7, 2025, Health Canada’s Pest Management Regulatory Agency (PMRA) published two consultation documents as part of its ongoing work to clarify which categories of pest control products are subject to the Pest Control Products Act (PCPA) and the Pest Control Products Regulations (PCPR) passed under it, which products are exempt and which may be authorized (without registration being required). The PMRA is seeking further stakeholder input on the amendments being proposed. The comment period is open until May 6, 2025.
The proposed amendments can be found at the following links:
The amendments are part of the PMRA's larger transformation process aimed at reducing regulatory burden while still protecting human health and the environment by modernizing the PCPR and providing additional regulatory clarity. The PMRA has previously sought stakeholder input on proposed amendments to devices and product exemptions (see PRO2018-02 and our Field Notes, Part II publication that discusses it; and PRO2018-03). These latest proposals follow the PMRA’s consideration of the comments received in response to these prior proposals.
It is prohibited under section 6(1) of the PCPA to manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered under that Act, except as otherwise authorized. Pest control products are broadly defined under the PCPA and PCPR and include agricultural chemicals (herbicides, biologicals, insecticides and fungicides); industrial chemicals (wood preservatives); consumer products (personal insect repellents and swimming pool disinfectants); treated articles and pest control devices.
There has been a lack of clarity to date regarding what does or does not fall within the ambit of the PCPA, which the PMRA is seeking to address with these proposals. The Product Exemption Amendment proposes to: (1) exempt certain products from the application of the PCPA in its entirety (typically because the product is already subject to regulation under another statute) and (2) authorize other products without the need for registration if they meet certain conditions set out in the PCPR.
The Device Amendment proposes to make all pest control devices subject to the PCPA, with certain express exceptions. This will replace the current listed categories of regulated devices, set out in Schedule 1 to the PCPR, which list has often led to uncertainty for manufacturers as to whether their products are subject to regulation (and registration in particular).
Nitrogen stabilizers that act on soil bacteria (which are used to increase nitrogen-use efficiency) currently fall within both the definitions of a pest control product and of a supplement under the PCPA and the Fertilizers Act, respectively. The Product Exemption Amendment proposes to exempt them from regulation under the PCPA and have them solely regulated as supplements under the Fertilizers Act.
The Product Exemption Amendment also proposes to authorize several pest control products, with certain conditions, under section 4 of the PCPR, including:
The proposal contains further details regarding the conditions that will be required for the exemption to apply. The PMRA notes in the proposal that the risks to people and the environment from the products proposed to be authorized are expected to be low. Consideration is being given to additional measures (over and above that provided for in section 67.1 of the PCPA for an interim order to be made) which would be available to address potential risks identified in respect of authorized products.
Currently, devices which fall under any of the categories listed in Schedule 1 of the PCPR are required to be registered with the PMRA. Devices which do not fall under a category listed in Schedule 1 are exempt from the PCPA entirely. Determining whether a device falls under a category listed in Schedule 1 often requires a complex review, taking into consideration historical interpretation of the device, previous regulatory decisions and the level of risk of the device. The categories of pest control that are listed in Schedule 1 to the PCPR are:
The current framework authorizes (meaning they are exempt from the registration requirement but are still subject to the PCPA and PCPR) two specific categories of devices (as long as they meet specified conditions): high voltage insect killers with no chemical active ingredients and certain ultraviolet radiation-emitting devices.
The Device Amendment proposes to:
Strict labelling conditions would apply to any product in this new schedule.
These proposed amendments seek to minimize the regulatory uncertainty that many manufacturers face when determining whether their products fit into one of the Schedule 1 categories, particularly with respect to new technologies or novel devices.
Again, this proposal contains further details regarding the conditions that will be required for the authorization to be available.
The Product Exemption Amendment and Device Amendment are open for public and stakeholder pre-consultation until May 6, 2025. Following this pre-consultation, the Government will consider the feedback it receives in preparation for a formal consultation on the amendments.
At this time, companies whose products may be subject to these proposed amendments will want to consider how the government is contemplating treating such products and consider submitting comments before the categories and conditions are finalized. Ultimately, these amendments will likely bring a level of comfort to manufacturers in so far as they will clarify whether a product is subject to the PCPA and PCPR, whether it is authorized (and if so, what, if any conditions are associated with that authorization) and whether it must be registered. There will certainly be greater responsibility on regulated parties to ensure that marketed products meet the conditions that would be established in the PCPR.
Bennett Jones has extensive knowledge and experience in pesticide regulation and can help your business address any questions regarding the regulation of pest control products in Canada. If you want to learn more, please contact the authors or a member of our Food and Agribusiness, Product Regulation or Environmental Law groups.