Pesticides
- Document symbol
- G/LIC/N/3/CAN/22
- Original language
- English
- Published on
- 01/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Grower Requested Own Use (GROU) program allows growers to import the foreign version of a Canadian registered agricultural pesticide product, once approved for the Program by Health Canada.
The Grower Requested Own Use (GROU) program is administered by Health Canada's Pest Management Regulatory Agency (PMRA) and allows Canadian growers to import and use (by way of an import certificate) foreign versions of Canadian registered products (pesticides). Before products are accepted in the GROU program (by way of an equivalency certificate), they are evaluated by scientists to identify if any chemical differences may lead to increased health or environmental risks.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The GROU program is the only system in place and is related only to pest control products (pesticides).
Q3. The system applies to goods originating in and coming from which countries?
Generally, pesticides which are registered in Organisation for Economic Co-operation and Development (OECD) countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Yes, the import certificate (licensing) is intended to restrict the quantity of pesticides imported.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Pest Control Products Regulations (PCPR), SOR/2006-124, Pest Control Products Act (https://laws-lois.justice.gc.ca/eng/regulations/SOR-2006-124/FullText.html).
- Yes, the import certificate is statutorily required.
- All requests to the program must be considered and there is no administrative discretion.
- Legislative approval is required to abolish the program.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
There are no specific quotas, as individual import certificates are based on the size of the area where the pesticide will be used and the particular crop. Each import certificate is individually approved. The requirements embedded with the regulations and user friendly instruction are posted on the web: https://www.canada.ca/en/health-canada/services/consumer-product-safety/pesticides-pest-management/growers-commercial-users/importing-pest-control-products/grower-requested-own-use-program/importing.html.
The list of eligible products is also on the website. There are no exceptions allowed within the program.
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Import certificates and the corresponding quantity of the foreign product approved for an intended use is valid for not more than one year (one growing season) and one importation. Growers (importers) are required to apply for a new import certificate for additional importations within the same or subsequent years.
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
The approval process has two steps: A) Equivalency certificates are issued for a foreign product which is deemed to be equivalent to a Canadian registered product. B) Individual import certificates are submitted by Canadian growers for approval to import and use an approved product on their land, for a specific crop, according to label directions. The amount of product approved for importation is for use within one year or the growing season. The process is transparent as per the section 43 of the PCPR.
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
There are no quotas. Not applicable to the GROU Program.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
There are no published service standards for the length of time required to process an application. An application to import a product is entertained as long as the specific product is considered equivalent.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
There are no published service standards as to the length of time between the granting of licences and the date of opening of the period of importation. The approval to import is granted for one year or the growing season. Growing seasons can vary depending on the crop, where it is grown in Canada and how it is grown. For example, tomatoes grown in a greenhouse have a longer season than tomatoes grown in a field.
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Health Canada administers the entire GROU program. Additional importation requirements and documentation may be required by the CBSA (consistent with any importation).
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Health Canada only provides the authority to import and use an unregistered product. There is no allocation process. The grower seeking the authorization is responsible to find, purchase and import the product. Applications are examined on receipt on a first come, first served basis.
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Yes, there are conditions stated on the import certificate and through the PCPR. The use of the product is only for the specified use, crop and location and cannot be transferred nor sold.
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Q7.b. Can a licence be granted immediately on request?
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
If an applicant does not meet the requirements as set out in the PCPR, an application is refused. There is no appeal process.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
A person as defined in section 2 of the Criminal Code may apply for an import certificate.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The web page to obtain the application form for a certificate is attached: https://sec2.hc-sc.gc.ca/pmra6200-eng.php.
The application must include all of the following information:
(a) the person’s name, address and signature;
(b) the name of the foreign product;
(c) the number of the applicable certificate of equivalency;
(d) a description of the intended use of the foreign product and the location where it will be used; and
(e) quantity of the foreign product required for that intended use for one growing season.
Q11. What documents are required upon actual importation?
At a Canadian Point of Entry, all containers must have both the GROU approved container label and, if available, the Directions for Use Booklet attached. Permanently affix the GROU approved container label to each container in such a way that the United States (U.S.) use directions are covered but the product name, U.S. Environmental Protection Agency (USEPA) registration number, establishment number and net contents are not covered. This will avoid confusion between the Canadian and U.S. use directions. The importer's name, address and telephone number, GROU Import Certificate number, metric net contents, signature and date of signature must also be included.
The properly labelled containers of foreign product must be brought to the queue for commercial traffic and presented to the Customs Border Services Officer with the original approved GROU Import Certificate. Photocopies will not be accepted. Customs authorities may also ask for the original bill of sale corresponding to the GROU Import Certificate.
Slightly different information is required if a small group of growers are working together with a designated agent or are hiring a customs broker or carrier.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no charge to the applicant by Health Canada to process an application.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
An import certificate (foreign product use certificate) is valid for only one importation and for the period specified in the certificate, which must not exceed one calendar year. It ceases to be valid if the applicable certificate of equivalency ceases to be valid. See section 41 (4) of the PCPR.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a licence or portion of a licence. The authorization expires.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Certificates are not transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There are no conditions for products subject to a quantitative restriction in the issuance of a certificate.
The restrictions in place are outlined in Section 42 of the Pest Control Product Regulations:
Importation of foreign product
42 (1) A person may import a foreign product whose use is authorized if all of the following conditions are met:
(a) the person holds a foreign product use certificate in respect of that product;
(b) that certificate holder purchases the product directly from the foreign source without the intervention of an agent or mandatary;
(c) before the importation, the certificate holder provides the Minister with all of the following information:
(i) the proposed date of the importation,
(ii) the name of the person who will transport the foreign product into Canada, and
(iii) the name of the entry point;
(d) the certificate holder
(i) affixes to each container of the foreign product, as soon as practicable after the importation of the product but in any case before its use, a copy of the approved foreign product use label in a way that the product identifier that relates to its registration outside Canada remains visible at all times, and
(ii) ensures that a copy of any brochure or leaflet that sets out the directions for use accompanies the product; and
(e) The quantity of the product imported does not exceed the amount set out in the foreign product use certificate.
Pooled purchases
(2) Two or more persons may together import in one shipment their authorized quantities of foreign products set out in their respective foreign product use certificates if the importation meets the conditions of subsection (1).
Transport
(3) The person who transports the foreign product into Canada must carry it to the location of use specified in the foreign product use certificate and have the following documents in their possession:
(a) proof of purchase in respect of each quantity of foreign product in the shipment, including the name of the foreign source from whom it was purchased; and
(b) copies of relevant foreign product use certificates.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other administrative procedures are in place.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable since Health Canada has sole authority to grant importation and use.