PEST CONTROL PRODUCTS ACTFINANCIAL ADMINISTRATION ACTPest Control Products Fees and Charges RegulationsP.C.2017-7920172
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His Excellency the Governor General in Council, on the recommendation of the Minister of Health and the Treasury Board, hereby makes the annexed Pest Control Products Fees and Charges Regulations pursuant tosection 67 of the Pest Control Products Acta, with respect to sections 1 to 9 and 11; andS.C. 2002, c. 28section 67 of the Pest Control Products Acta and paragraph 19(1)(a)b and section 19.1b of the Financial Administration Actc, with respect to section 10.S.C. 1991, c. 24, s. 6R.S., c. F-11Fees for the Examination of an Application in Respect of a Pest Control ProductNon-ApplicationSection 2Section 2 does not apply in respect ofan application filed by a user of a pest control product or by a user group, to amend the registration of the pest control product by adding a minor use of the product to the label, and that meets the following criteria:some of the information that is required to accompany the application is generated either by the applicant or for the applicant by another person who is not the registrant, andthe application is accompanied by a statement by the registrant that they agree to add the new use to the label of the pest control product if the application is approved;a request for a determination of equivalency made under section 38 of the Pest Control Products Regulations;an application for an authorization to use a foreign product under subsection 41(1) of the Pest Control Products Regulations; andexcept in the case of a type of application set out in Schedule 2 or 3, an application to register, or to amend the registration of, a pest control product whose active ingredient isan organism that is not a microbial agent, orany of the following substances referred to in the Food and Drug Regulations:a food additive that is set out in column 1 of the Lists of Permitted Food Additives, as defined in subsection B.01.001(1) of those regulations,a nutritive substance that is used, recognized or commonly sold as food or as an ingredient of food,a vitamin, mineral nutrient or amino acid,a flavouring preparation, natural extractive, oleoresin, seasoning or spice,a food packaging material or any substance of which such a material is composed, ora drug for veterinary use in animals that may be used as food for human consumption.SOR/2024-244, s. 163FeesRegistration or amendment — Schedule 1The fee for the examination by the Minister of an application to register a pest control product — other than a type of application set out in Schedule 2 or 3 — or to amend such a registration that includes a component set out in column 1 of Schedule 1 is the fee set out in column 2.More than one component — Schedule 1If an application referred to in subsection (1) includes more than one component set out in column 1 of Schedule 1, the fee is the sum of the applicable fees set out in column 2 for all of the included components.Semiochemicals and microbial agents — Schedule 2The fee for the examination by the Minister of an application in respect of a pest control product that is a semiochemical or microbial agent for each type of application set out in column 1 of Schedule 2 is the fee set out in column 2.Applications filed together — Schedule 2If more than one type of application set out in column 1 of Schedule 2 is filed in respect of the same pest control product at the same time, the fee for the examination by the Minister is the highest of the applicable fees set out in column 2 in respect of those applications.Other applications — Schedule 3The fee for the examination by the Minister of an application in respect of a pest control product for each type of application set out in column 1 of Schedule 3 is the fee set out in column 2.Applications filed together — Schedule 3If more than one type of application set out in column 1 of Schedule 3 is filed in respect of the same pest control product at the same time, the fee for the examination by the Minister is the highest of the applicable fees set out in column 2 in respect of those applications.ProcessingThe fee for the processing by the Minister of any of the following applications, other than an application to renew a registration, is $1,133:an application in respect of a pest control product that is described in paragraph 1(d);an application that includes a component set out in column 1 of Schedule 1; andan application in respect of a pest control product that does not include any component set out in Schedule 1, that is not mentioned in Schedule 2 or 3 and for which no information other than what is already available to the Minister is required to conduct an evaluation.Applications not mentioned in schedulesThe fee for the examination by the Minister of an application in respect of a pest control product, other than an application to renew a registration, that does not include any component set out in Schedule 1, that is not mentioned in Schedule 2 or 3 and that does not require an evaluation is $247.RenewalThe fee for the examination by the Minister of an application to renew the registration of a pest control product is $80.Annual Adjustment of FeesFee adjustmentEvery fee set out in this Part is to be increased on April 1 of each year by 2%, rounded up to the nearest dollar.Timing of PaymentMeaning of preliminary reviewIn this section, preliminary review means a review by the Minister of the information that is submitted with an application to determine whether the information is sufficient to enable the Minister to conduct an evaluation of the pest control product.Payment — $2,500 or lessIf the total fee for an application under this Part is $2,500 or less, it must be paid when the application is filed.Payment — more than $2,500With the exception of fees for applications made in respect of paragraphs 1(a), 1(b), and 3(a) of Schedule 3, which must be paid in full at the time the application is filed, when the total fee for an application under this Part is more than $2,500,10% must be paid when the application is filed;25% is payable on receipt of a notice from the Minister that the application has been accepted for a preliminary review; and65% is payable on receipt of a notice from the Minister that the application has been accepted for evaluation.Preliminary review and evaluationThe preliminary review and the evaluation begin on receipt of the relevant payments.Fee ReductionDefinitionsThe following definitions apply in this section.actual gross revenue means the amount that the person who makes an application to register a pest control product referred to in subsection 2(1) collects during the fee verification period from the sales in Canada of that product. (recettes brutes réelles)anticipated gross revenue means the amount that the person who makes an application to register a pest control product referred to in subsection 2(1) expects to collect during the fee verification period from the sales in Canada of that product. (recettes brutes prévues)fee verification period, in respect of a pest control product for which an application for a fee reduction is approved under subsection (3), means the period that begins on the day on which the pest control product is first sold in Canada as a registered pest control product or as an active ingredient in a registered pest control product and that ends three years after that day. (période de vérification des droits)sales in Canada meansin the case of an application to register an active ingredient, the sales in Canada of all pest control products that contain that active ingredient and that became registered during the fee verification period;in the case of an application to register a pest control product that is not an active ingredient, the sales in Canada of that product during the fee verification period; andin the case of more than one application that includes a common component set out in Schedule 1 and that is filed at the same time to register pest control products that contain the same active ingredient, the sales in Canada of those pest control products during the fee verification period. (ventes au Canada)Application for fee reductionA person who files an application to register a pest control product referred to in subsection 2(1) may apply at the same time to the Minister for a reduction of the fee.ConditionsThe Minister must approve a fee reduction if the following conditions are met:the person provides to the Minister with their applicationa statement signed by an individual who is designated by the person for the purpose that indicates the person’s anticipated gross revenue and that certifies that the fee is greater than 10% of that anticipated gross revenue, andinformation that establishes that that fee is greater than 10% of the person’s anticipated gross revenue; andthe Minister determines, on the basis of the information provided under paragraph (a) and any other information that is available to the Minister, that the fee is likely to be greater than 10% of the person’s actual gross revenue.Recalculation of feeIf the Minister approves a fee reduction, the fee that is payable at the end of the fee verification period is the lesser ofthe total fee payable under this Part, andthe higher of10% of the fee referred to in paragraph (a), and10% of the actual gross revenue, based on the records of the sales in Canada provided to the Minister in accordance with subsection (6).Payment when application is filedA person who applies for a fee reduction under subsection (2) must, at the time of filing the application, pay, in accordance with subsection 7(2) or (3), the higher of10% of their anticipated gross revenue, and10% of the total fee payable under this Part.Records of sales in CanadaWithin 60 days after the end of the fee verification period, the person must provide the Minister with the records of the sales in Canada, prepared in accordance with generally accepted accounting principles and certified by the individual responsible for the person’s financial affairs.Reconciliation — balance owingIf the records of the sales in Canada establish that the amount that the person paid under subsection (5) is less than the amount of the fee calculated in accordance with subsection (4), the person must pay the balance within 60 days after the day on which the fee verification period ends.Reconciliation — overpaymentIf the records of the sales in Canada establish that the amount that the person paid under subsection (5) is more than the amount of the fee calculated in accordance with subsection (4), the Minister must repay the amount of the overpayment to the person.Audited recordsIf the Minister determines, on the basis of any information that is available to him or her, that the certified records of the sales in Canada are not adequate to determine the person’s actual gross revenue, the Minister may require that the person provide records of the sales in Canada that have been audited by a qualified independent auditor.When records inconsistentIf there is any inconsistency between the certified records and the audited records, the fee is to be based on whichever records show the higher amount of sales in Canada.When records not submittedIf the person does not submit the records in accordance with subsections (6) and (9), the fee payable is the total fee calculated under subsections 2(1) and (2) and section 3, minus any portion of the fee that the person paid under subsection (5).Annual ChargePayable annuallyA registrant must pay each year, in respect of every pest control product that is registered in their name on April 1 of the year, an annual charge that is the lesser of$3,600, and4% of the actual gross revenue during the registrant’s preceding fiscal year, but not less than $100.Timing of paymentThe annual charge is payableon receipt of a notice from the Minister requiring payment; orin four equal quarterly payments, the first of which is payable on receipt of a notice from the Minister requiring payment.Certified recordsWhen the annual charge is paid under paragraph (1)(b), the registrant must, when paying it in full or when making the first quarterly instalment, provide the Minister with the records of the sales in Canada for the fiscal year referred to in that paragraph, prepared in accordance with generally accepted accounting principles and certified by the individual responsible for the registrant’s financial affairs.Audited recordsIf the Minister determines, on the basis of any information available to him or her, that the certified records are not adequate to calculate the annual charge, the Minister may require that the registrant provide records of the sales in Canada that have been audited by a qualified independent auditor.When records inconsistentIf there is any inconsistency between the certified records and the audited records, the calculation of the annual charge is to be based on whichever records show the higher amount of sales in Canada.When records not submittedIf the registrant does not submit the records in accordance with subsections (3) and (4), the annual charge that is payable by the registrant is $3,600.Repeal and Coming into ForceRepeal[Repeal]Coming into ForceRegistrationThese Regulations, except section 6, come into force on the day on which they are registered or on April 1, 2017, whichever is later.Section 6Section 6 comes into force on April 1 of the year after the year in which these Regulations are registered.(Subsections 2(1) and (2), paragraphs 3(b) and (c), section 4 and subsection 8(1))
Fees for Applications to Register, or to Amend the Registration of, a Pest Control Product Other Than a Semiochemical or Microbial AgentColumn 1Column 2ItemComponent of ApplicationFee ($)1Product chemistry — active ingredient4,8732Product chemistry — end-use product or manufacturing concentrate2,7133Toxicology data accompanying an application to register a pest control product that consists of or that contains a new active ingredient75,807Toxicology data accompanying an application to register a pest control product — or to amend the registration of a pest control product — that contains a registered active ingredient15,830Toxicology data — acute toxicity studies only2,9544Exposure data accompanying an application to register a pest control product that consists of or that contains a new active ingredient17,498Exposure data accompanying an application to register a pest control product — or to amend the registration of a pest control product — that contains a registered active ingredient, when a new risk assessment is necessary5,758Exposure data — other5,2145Metabolism data28,9436Residue data15,8387Environmental fate data accompanying an application to register a pest control product that consists of or that contains a new active ingredient42,685Environmental fate data accompanying an application to register a pest control product — or to amend the registration of a pest control product — that contains a registered active ingredient, when a new risk assessment is necessary23,637Environmental fate data — other11,5468Environmental toxicology data accompanying an application to register a pest control product that consists of or that contains a new active ingredient37,277Environmental toxicology data accompanying an application to register a pest control product — or to amend the registration of a pest control product — that contains a registered active ingredient, when a new risk assessment is necessary23,690Environmental toxicology data — other2,4659Value and effectiveness data for a pest control product90610Identification of compensable data2,162
(Paragraph 1(d), subsections 2(1), (3) and (4), paragraph 3(c) and section 4)
Fees for Applications in Respect of a Pest Control Product that is a Semiochemical or Microbial AgentColumn 1Column 2ItemType of ApplicationFee ($)Semiochemicals, other than straight-chain lepidopteran pheromones, and microbial agents1Registration of a new active ingredient — food use7,2362Registration of a new active ingredient — non-food use4,3413Amendment of registration — new risk assessment necessary — environmental fate data, environmental toxicity data or exposure data2,8944Amendment of registration — data required, label changes1,4475Amendment of registration — data required, other1,1586Amendment of registration — no data required290Straight-chain lepidopteran pheromones7Registration of new active ingredient5798Amendment of registration290
(Paragraph 1(d), subsections 2(1), (5) and (6), paragraph 3(c), section 4, and subsection 7(3))
Fees for Other Applications in Respect of a Pest Control ProductColumn 1Column 2ItemType of ApplicationFee ($)1Research authorization — major crops, other than research authorizations set out in paragraphs (c) and (d)5,080Research authorization — minor use crops, other than research authorizations set out in paragraphs (c) and (d)5,080Research authorization — microbial agents, semiochemicals and any substance listed in subparagraph 1(d)(ii) of these Regulations1,217Research authorization — greenhouse crops and non-agricultural uses1,2172Research notification2473Registration of active ingredient to be used in pest control product manufactured only for export7,827Amendment to registration of active ingredient used in pest control product manufactured only for export1,1334Specification of maximum residue limit for a previously unexamined pest control product125,461Specification of maximum residue limit for an unregistered use of a previously examined pest control product15,838