Cabinet gains power to override Minister's pest-product bans on economic or food security grounds

Plain-language summary · AI-assisted · not legal advice

The Act now allows the Governor in Council (Cabinet) to issue orders that register or amend the registration of a pest control product even after the Minister has refused to do so on environmental grounds, provided Cabinet determines this is necessary to protect national or regional economic security, or national food security. These emergency orders can last up to three years and may be extended once for another three years. During the period an order is in effect, the Minister cannot initiate a special review of the product on the same environmental concerns that prompted the original refusal. Registrants operating under such an order must meet any conditions the order imposes, and violating those conditions is a criminal offence with the same penalties as breaching regulations. Orders must be made public promptly and reasons published within 60 days; Cabinet has one year from the Minister's refusal to make an order. The Act also clarifies that product safety information obligations now extend to all who manufacture, handle, store or use a registered product, not only workplaces, and the Minister must consider economic and food security as appropriate when making decisions—without displacing health and environment as the primary objective.

Who this affects: pest control product registrants · agricultural producers · pesticide manufacturers and distributors · compliance officers at regulated workplaces · pest management industry