Bill C-359: An Act to amend the Feeds Act, the Seeds Act and the Pest Control Products Act (provisional registration and approval)

R.S., c. F- 9 Feeds Act 1 Section 2 of the Feeds Act is amended by adding the following in alphabetical order: trusted jurisdiction  means a foreign state or a subdivision of a foreign state that is designated by regulation; ( État de confiance ) 2 Paragraph 3(1)(a) of the Act is replaced by the following: (a) has, in accordance with the regulations, been approved by the Minister, or registered, on a provisional or final basis ; 3 The Act is amended by adding the following after section 4: Provisional and Final Approval or Registration Provisional approval or registration 4.1 (1) If a feed is approved for manufacture, sale or import under the legislation of at least two trusted jurisdictions, the Minister must, in accordance with the regulations, approve or register the feed on a provisional basis within 90 days of the submission of a complete application for approval or registration of the feed, unless during that time, the feed is found not to be in compliance with this Act or the regulations. Final approval or registration (2) Once an application for approval or registration of a feed has been evaluated, the Minister must, in accordance with the regulations, approve or register the feed on a final basis if the feed is found to be in compliance with this Act and the regulations. 4 (1) Paragraphs 5(1)(b) to (c) of the Act are replaced by the following: (a.1) designating, as trusted jurisdictions, foreign states or subdivisions of foreign states for the purposes of this Act; (b) respecting the registration of feeds on a provisional or final basis and prescribing fees for registration on a final basis ; (b.1) respecting the approval of feeds on a provisional or final basis ; (b.2) respecting, in relation to the Minister’s evaluation of a feed on application for its registration or approval, the reliance that may be placed on evidence and information furnished in connection with the feed’s approval for manufacture, sale or import under the legislation of any trusted jurisdiction; (c) respecting the duration and cancellation of the registration or approval of feeds on a provisional or final basis ; (2) Paragraph 5(1)(h) of the Act is replaced by the following: (h) providing that feeds registered, on a provisional or final basis , under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act; R.S., c. S- 8 Seeds Act 5 Section 2 of the Seeds Act is amended by adding the following in alphabetical order: trusted jurisdiction  means a foreign state or a subdivision of a foreign state that is designated by regulation; ( État de confiance ) 6 Paragraph 3(1)(b) of the Act is replaced by the following: (b) sell or advertise for sale in Canada or import into Canada seed of a variety that is not registered, on a provisional or final basis , in the prescribed manner. 7 The Act is amended by adding the following after section 3.2: Provisional and Final Registration Provisional registration 3.3 (1) If a variety of seed is approved for sale under the legislation of at least two trusted jurisdictions, the Registrar must register the variety, in accordance with the regulations, on a provisional basis within 90 days of the submission of a complete application, as prescribed, for the registration of the variety unless, during that time, the Registrar determines that the prescribed requirements are not met. Final registration (2) Once an application for the registration of a variety has been evaluated, the Registrar must register the variety, in accordance with the regulations, on a final basis if the prescribed requirements are met. Registrar (3) For the purposes of this section, Registrar means the person designated by the President of the Canadian Food Inspection Agency to register varieties. 8 (1) Subsection 4(1) of the Act is amended by adding the following after paragraph (h.1): (h.11) designating, as trusted jurisdictions, foreign states or subdivisions of foreign states for the purposes of this Act; (h.12) respecting, in relation to the evaluation of a variety of seed on application for its registration, the reliance that may be placed on evidence and information furnished in connection with the seed’s approval for sale under the legislation of any trusted jurisdiction; (2) Paragraph 4(1)(h.2) of the Act is replaced by the following: (h.2) respecting the registration, on a provisional or final basis , of varieties of seeds and the amendment of the register of such varieties; S.C. 2002, c. 28 Pest Control Products Act 9 (1) Paragraph (a) of the definition conditions of registration in subsection 2(1) of the Pest Control Products Act is replaced by the following: (a) any conditions specified by the Minister under paragraph 7.1(1)(a) or 8(1)(a) or subsection 8(2) or when amending the registration of a pest control product under this Act; and (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: trusted jurisdiction  means a foreign state or a subdivision of a foreign state that is designated by regulation. ( État de confiance ) 10 (1) Section 7 of the Act is amended by adding the following after subsection (2.1): Approval by trusted jurisdictions (2.2) For the purposes of subsection (1), if a pest control product is approved for use under the legislation of at least two trusted jurisdictions, the applicant may apply to register the pest control product on a provisional basis, in accordance with the regulations, by including information that is available from the reviews or evaluations of the pest control product conducted by the relevant authorities of those trusted jurisdictions. (2) The portion of subsection 7(3) of the Act before paragraph (a) is replaced by the following: Evaluation of pest control product (3) If the Minister is satisfied that the application has been made in accordance with any of subsections (1) to (2.2) , the Minister must (3) Subsection 7(9) of the Act is replaced by the following: Comparative risk and value assessment (9) In determining whether the health and environmental risks and the value of a pest control product are acceptable, the Minister may, in accordance with the regulations, if any, take into account (a) information regarding the risks and value of other pest control products that are registered for the same use; and (b) information that is available from a review or evaluation of the pest control product conducted by the relevant authority of a trusted jurisdiction. 11 The Act is amended by adding the following after section 7: Provisional registration 7.1 (1) If, within 90 days of the submission of a complete application made in accordance with subsections 7(1) and (2.2), the Minister does not determine that the health and environmental risks and the value of the pest control product are unacceptable, the Minister must register the pest control product on a provisional basis in accordance with the regulations, if any, by (a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposition, including conditions relating to its composition, and, subject to subsection 8(2), the conditions relating to its label; and (b) assigning a registration number to the product. Provision of safety information to workplaces (2) Without limiting the generality of paragraph (1)(a), the Minister must specify, as a condition of registration on a provisional basis, the requirement for product safety information, including a material safety data sheet for the product, to be provided to workplaces where the pest control product is used or manufactured, in accordance with the regulations made under paragraph 67(1)(s). Period of validity (3) Registration of a pest control product on a provisional basis is valid until either the pest control product is registered under section 8 or the application for registration is withdrawn or denied. 12 Subparagraphs 28(1)(a)(i) and (ii) of the Act are replaced by the following: (i) to register under section 8 a pest control product that is or contains an unregistered active ingredient, or (ii) to register under section 8 , 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; 13 (1) Subsection 67(1) of the Act is amended by adding the following after paragraph (e): (e.1) designating, as trusted jurisdictions, foreign states or subdivisions of foreign states for the purposes of this Act; (2) The portion of paragraph 67(1)(f) of the Act before subparagraph (i) is replaced by the following: (f) respecting the registration and provisional registration of pest control products, including the types of registration for classes of products, and, for each type, Coordinating Amendments 14 (1) Subsections (2) to (7) apply if Bill S-6, introduced in the 1st session of the 44th Parliament and entitled An Act respecting regulatory modernization (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 4(1) of this Act comes into force before subsection 102(1) of the other Act, then (a) that subsection 102(1) is deemed never to have come into force and is repealed; and (b) subsection 5(1) of the Feeds Act is amended by adding the following after paragraph (b.2): (b.3) respecting the amendment of any of the conditions to which the registration or approval of feeds are subject by reason of subsection 5.31(2); (3) If subsection 102(1) of the other Act comes into force before subsection 4(1) of this Act, then (a) subsection 4(1) is deemed never to have come into force and is repealed; and (b) paragraphs 5(1)(b) to (c) of the Feeds Act are replaced by the following: (a.1) designating, as trusted jurisdictions, foreign states or subdivisions of foreign states for the purposes of this Act; (b) respecting the registration of feeds on a provisional or final basis and prescribing fees for registration on a final basis; (b.1) respecting the approval of feeds on a provisional or final basis; (b.2) respecting, in relation to the Minister’s evaluation of a feed on application for its registration or approval, the reliance that may be placed on evidence and information furnished in connection with the feed’s approval for manufacture, sale or import under the legislation of any trusted jurisdiction; (b.3) respecting the amendment of any of the conditions to which the registration or approval of feeds are subject by reason of subsection 5.31(2); (c) respecting the duration and cancellation of the registration or approval of feeds on a provisional or final basis; (4) If subsection 4(1) of this Act comes into force on the same day as subsection 102(1) of the other Act, then subsection 4(1) is deemed to have come into force before that subsection 102(1) and subsection (2) applies as a consequence. (5) If section 7 of this Act comes into force before subsection 113(1) of the other Act, then (a) that subsection 113(1) is deemed never to have come into force and is repealed; (b) the Seeds Act is amended by adding the following after section 3.2: Release of seeds 3.21 (1) A person must not release seed, except in accordance with the regulations. Non-application (2) Subsection (1) does not apply to seed described in section 108 of the Seeds Regulations . (c) subsection 113(2) of the other Act is replaced by the following: (2) Subsection 3.21(2) of the Act is replaced by the following: Non-application (2) Subsection (1) does not apply to prescribed seed. (6) If subsection 113(1) of the other Act comes into force before section 7 of this Act, then (a) section 7 is deemed never to have come into force and is repealed; and (b) the Seeds Act is amended by adding the following after subsection 3.3: Provisional and Final Registration Provisional registration 3.4 (1) If a variety of seed is approved for sale under the legislation of at least two trusted jurisdictions, the Registrar must register the variety, in accordance with the regulations, on a provisional basis within 90 days of the submission of a complete application, as prescribed, for the registration of the variety unless, during that time, the Registrar determines that the prescribed requirements are not met. Final registration (2) Once an application for the registration of a variety has been evaluated, the Registrar must register the variety, in accordance with the regulations, on a final basis if the prescribed requirements are met. Registrar (3) For the purposes of this section, Registrar means the person designated by the President of the Canadian Food Inspection Agency to register varieties. (7) If section 7 of this Act comes into force on the same day as subsection 113(1) of the other Act, then that subsection 113(1) is deemed to have come into force before section 7 and subsection (6) applies as a consequence.