Forward Regulatory Plan 2022-2024: Regulations Amending the Pest Control Products Regulations (Protection of Test Data)
Title of Regulatory Initiative
Regulations Amending the Pest Control Products Regulations (Protection of Test Data)
Enabling Act
Description
Health Canada is proposing regulatory amendments to clarify for regulated parties how the data protection program works in the post-market context, and would reduce the effort required to administer it.
This regulatory initiative was identified by Health Canada in the Agri-food and Aquaculture Sector Regulatory Review Roadmap.
This regulatory initiative is associated with Health Canada's stock review plan.
Regulatory cooperation efforts (domestic and international)
This initiative is not part of a formal regulatory cooperation work plan.
These amendments would better align Canada's data protection program for pest control products with the approach used in the United States.
Rules under the Canada-United States-Mexico Agreement, the Canadian European Trade Agreement, and the World Trade Organization, require that Canada protect innovators' data from unfair commercial use for a period of time.
The proposed amendments would continue to fulfill these obligations.
Potential impacts on Canadians, including businesses
It is anticipated that the propose amendments would clarify for regulated parties how the data protection program works in the post-market context.
Consultations
Industry consultations on the proposed approach to data protection during post-market reviews were undertaken starting July 5, 2018 and lasting until the end of December 2018.
Health Canada pre-published the proposed changes in the Canada Gazette, Part I, on June 11, 2022 with a 75-day consultation period.
Health Canada plans to publish the proposed changes in the Canada Gazette, Part II, in spring 2023.
Further information
Related information can be found on Health Canada’s Pest Management Regulatory Agency’s Response to the Intersol Group Ltd. Report.
Additional information can be requested from the departmental contact.
Departmental contact information
Jordan Hancey
Director
Policy and Regulatory Affairs Division
Pest Management Regulatory Agency
Health Canada
Telephone: 613-302-3886
Email: jordan.hancey@hc-sc.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
May 2019
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