Order Fixing the Day on Which this Order Is Published as the Day on Which Subsections 36(2) and (3) of An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act Come into Force: SI/2026-25

Canada Gazette, Part II, Volume 160, Number 12

Registration
SI/2026-25 June 17, 2026

AN ACT TO AMEND THE FOOD AND DRUGS ACT, THE HAZARDOUS PRODUCTS ACT, THE RADIATION EMITTING DEVICES ACT, THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999, THE PEST CONTROL PRODUCTS ACT AND THE CANADA CONSUMER PRODUCT SAFETY ACT AND TO MAKE RELATED AMENDMENTS TO ANOTHER ACT

Order Fixing the Day on Which this Order Is Published as the Day on Which Subsections 36(2) and (3) of An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act Come into Force

P.C. 2026-509 May 29, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, under subsection 73(2) of An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act, chapter 9 of the Statutes of Canada, 2016, fixes the day on which this Order is published in the Canada Gazette, Part II, as the day on which subsections 36(2) and (3) of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order fixes the day on which this Order is published in the Canada Gazette, Part II, as the day on which subsections 36(2) and (3) of An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (the 2016 legislative amendments) come into force. Subsections 36(2) and (3) of the 2016 legislative amendments concern product safety information related to pest control products.

Objective

The objective of the Order is to bring into force an updated framework for product safety information related to pest control products. This framework would support regulatory action in the future should an issue be identified that could be addressed through the mandatory provision of Safety Data Sheets (SDS) for pest control products. Upon publication of this Order in the Canada Gazette, Part II, subsection 8(4.1) of the Pest Control Products Act (PCPA) will come into force and subsection 8(3) will be repealed.

Background

SDSs summarize information about the hazards of a chemical, such as those contained in a registered pest control product. SDSs include information on hazard management and safety precautions for workplace use and handling of the chemical.

Under the Hazardous Products Act (HPA), suppliers are generally required to provide SDSs for hazardous products intended for use, handling, or storage in Canadian workplaces. This framework relies primarily on supplier self-classification and post-market oversight, with no routine pre-market review of SDSs or labels.

Pest control products are exempt from the SDS requirements under the HPA and, instead, fall under the PCPA, a separate regulatory framework that requires rigorous pre-market scientific assessment by Health Canada. As part of that process, product labels, including hazard statements, precautionary measures, first aid instructions, and directions for use, storage and disposal, must be reviewed and approved before a product can be registered. Following the directions on the label is a legal requirement; it is an offence under the PCPA to use a pest control product in a way that is inconsistent with the directions on the label.

Although approved labels and SDSs include some similar types of safety information, such as hazard warnings, first aid instructions, required protective equipment and storage information, they serve different purposes. SDSs focus on the potential hazards of a chemical in general and provide more in-depth, detailed toxicological information (e.g. bioaccumulation potential) that may not be immediately relevant to the safe use of the product, whereas approved labels provide information to mitigate the actual risk when the product is used as directed and include information on immediate handling precautions. This is because the information on approved labels is based on the findings of Health Canada’s comprehensive pre-market risk assessment, which considers both how harmful the product could be and how likely harm is to occur under the product’s approved conditions of use, including expected levels of exposure. In cases where there are any discrepancies between the pest control product label and an SDS for that product, it is the label information that prevails.

Approved labels are the main source of information for understanding health and safety risks associated with handling, storing, displaying, distributing, using and disposing of pesticides. They include essential details, such as required protective equipment, spill procedures, emergency contacts and re-entry timelines, along with steps to reduce risks and toxicological information necessary to treat exposures. Labels generally provide less technical detail than SDSs, focusing instead on clear, concise instructions for immediate safety. First aid instructions on labels are brief and easy to follow, while SDSs contain more in-depth technical information that is usually less directly relevant to workers.

The PCPA currently contains a requirement under subsection 8(3) for the Minister to specify, as a condition of registration, a requirement for product safety information, including a material safety data sheet (the former term for SDSs) for the product, to be provided to workplaces where pest control products are used or manufactured. This requirement is to be carried out in accordance with supporting regulations made under paragraph 67(1)(s) of the PCPA. As there are currently no supporting regulations in place, Health Canada considers this provision to be inoperable.

SDS-related amendments were made to the PCPA as part of the broader 2016 legislative amendments that supported Canada’s implementation of the World Trade Organization’s Trade Facilitation Agreement. The SDS-related amendments were intended to clarify the intent of Parliament related to SDSs for pest control products. Once in force, the amendments repeal subsection 8(3) and replace it with subsection 8(4.1), which, in effect, removes the requirement that the Minister specify the product safety information requirements as a condition of registration. Instead, registrants would be required to provide product safety information, in accordance with any potential future regulations, to workplaces where pesticides are handled, stored, manufactured, or used.

Subsection 8(4.1) is a more comprehensive provision than subsection 8(3) for several reasons. First, it is more inclusive, as it applies to more workplaces (product safety information must be provided to workplaces where the product is manufactured, used, handled and stored, whereas subsection 8(3) limits the requirement to workplaces that use or manufacture the product). Second, subsection 8(4.1) is clearer, as it specifies the registrant as the party responsible for providing the information to the workplace. Third, subsection 8(4.1) replaces out-of-date terminology, notably by replacing “material safety data sheet” with “product safety information.” Fourth, the requirement in subsection 8(3) must be exercised by the Minister for each registration decision (meaning that the conditions are being set for individual pest control products on a case-by-case basis), whereas under subsection 8(4.1), the requirement applies to all registrations as set out in any future regulations, which provides for a consistent approach (because all registered pest control products would be subject to the same requirements).

When the 2016 amendments were made to the PCPA, it was determined that an Order in Council would be used to bring the SDS-related provision into force. This approach was intended to provide Health Canada time to assess whether regulations were needed to support this amendment, and, if so, to develop and bring those regulations into force at the same time as the new legislative provision.

In 2018 Health Canada published SDS guidance for registrants to help them develop voluntary SDSs in a consistent and high quality manner, and, particularly, to specify that the SDS include a link to the approved label in order to make it clear that the label is the document that is legally required to be followed for mitigating potential risks to health and safety. Health Canada undertook an initial assessment of the uptake of the guidance, and the review suggests many registrants produce SDSs voluntarily and in accordance with this guidance.

Accordingly, Health Canada has determined that regulations are not currently necessary because 1) pest control labels are already required to provide comprehensive information on how to handle, store, use and dispose of products safely; 2) Health Canada reviews and approves those labels; 3) other Health Canada regulated product lines that undergo pre-market review and label approval (e.g. pharmaceuticals, natural health products, biocides) also do not require SDSs; 4) uptake of the voluntary SDS guidance has been positive; and 5) there are currently no outstanding issues that would justify regulatory action. Health Canada will continue to pursue a voluntary approach for SDSs with guidance instead of a regulatory one, to avoid unnecessary regulatory burden.

The SDS-related PCPA provision [i.e. 8(4.1)] should be brought into force without further delay. Should the Governor in Council, on the recommendation of Health Canada, determine that regulations are needed for SDSs in the future, having subsection 8(4.1) in the PCPA would help ensure that regulations could be made in a timely manner based on a statutory provision that is more comprehensive, clear and up to date than subsection 8(3).

Implications

Bringing subsection 8(4.1) into force will not result in changes to current practice (namely, voluntary SDSs based on guidance). Therefore, there are no anticipated impacts on stakeholders, including Indigenous communities or other sub-populations, or the environment or the economy. However, bringing this provision into force will clarify Parliament’s intent regarding SDSs and preserve the flexibility to develop regulations related to SDSs should the Governor in Council, on the recommendation of Health Canada, determine that they are needed in the future.

If SDS regulations were made in the future, they would be developed in accordance with the Cabinet Directive on Regulation, which would include meaningful stakeholder consultation.

Consultation

The 2016 amendments to the PCPA went through consultation via the legislative process, which involves debate and review in the House of Commons and Senate. Given that previous consultation and that bringing subsection 8(4.1) into force will have no impact on regulated parties or on Health Canada policies or procedures, an additional consultation was not conducted specifically on the Order.

Stakeholders will be informed of the Order through email, publication on the Pesticides Regulatory Directorate (PRD) website and the Pesticides and Pest Management Really Simple Syndication (RSS) feed.

Contact

Jordan Hancey
Policy and Operations Bureau
Pest Management Regulatory Agency
Health Canada
2 Constellation Drive
Ottawa, ON
K1A 0K9
Email: pmra.regulatory.affairs-affaires.reglementaires.arla@hc-sc.gc.ca