Regulating certain ultraviolet radiation-emitting and ozone-generating devices under the Pest Control Products Act: Compliance and enforcement of the Act
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Compliance
Health Canada uses a risk-based approach to verify if a UV radiation-emitting or ozone-generating device that is subject to the requirements under the Pest Control Products Act (PCPA) is compliant. This approach includes promoting compliance and verifying complaints dealing with compliance.
Where warranted, we also take a proactive, targeted approach to verify compliance.
Enforcement
We use a range of enforcement tools to address non-compliance, including:
- sending warning letters
- detaining and seizing products
- issuing compliance orders
- issuing penalties (under the Agriculture and Agri-Food Administrative Monetary Penalties Act)
- refusing entry at the border of unauthorized products, in partnership with the Canada Border Services Agency
We will take the appropriate enforcement action in situations involving:
- devices that do not meet the required authorization conditions under the Pest Control Products Regulations and are in contravention of the PCPA
- devices that are not registered under the PCPA but should be
Health Canada's enforcement action will inform:
- regulated parties responsible for unregistered devices that do not meet the conditions for authorization that they cannot import, manufacture, sell, distribute or advertise their product until it meets the conditions of authorization or is registered
- regulated parties responsible for devices requiring registration that are not registered that they are not compliant and cannot import, manufacture, sell, distribute or advertise until they obtain registration for their product
People can report a pesticide incident or suspected violation online using the Public Engagement Portal Complaint and Violation Form or by emailing pcp-pcp@hc-sc.gc.ca.