ENVI Committee Report
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RECOMMENDATIONS
2. THE NEED FOR NEW LEGISLATION
An Outdated Legislation
The Committee recommends that the Minister of Health introduce new pesticide legislation as a matter of top priority.
Guiding Principles for the New Legislation
The Committee recommends that the new Act be based on the following principles:
- to protect human health and the environment as the absolute priority in all pest management decisions;
- to apply the precautionary principle;
- to promote and increase reliance on pollution prevention strategies in order to eliminate or minimize the use of pesticides; and
- to foster public confidence by actively informing and educating Canadians about pesticide use and by involving them in the decision-making process.
The Committee recommends that these principles be enshrined in the new Act's preamble and its operative sections, notably, in an administrative clause similar to section 2 of the Canadian Environmental Protection Act, 1999.
The Committee recommends that the precautionary principle be defined as follows in the new Act:
The precautionary principle means that appropriate preventive measures are to be taken where there is reason to believe that a pesticide is likely to cause harm, even when there is no conclusive evidence to prove a causal relation between the pesticide and its effects.
The Committee recommends that the Pest Control Products Act be renamed the Pest Control Act.
4. PESTICIDES IN THE ENVIRONMENT
Environmental Research Programs
The Committee urges the federal government to substantially increase funding for research on and monitoring of the effects of pesticides in the environment, in order to protect human health and the environment.
5. THE POTENTIAL EFFECTS OF PESTICIDES ON HEALTH
The Effects of Phenoxy Herbicides and Pyrethroids
The Committee recommends that the government fund research on those chemical groups of pesticides whose action and chronic effects on human health are still relatively unknown, such as synthetic pyrethroids and phenoxy herbicides.
Research on Endocrine Disruptors
The Committee recommends that the government strengthen its research programs on endocrine disruptors, particularly by providing adequate, permanent funding for: (1) carrying out research on wildlife and (2) developing a specific protocol for detecting the effects of endocrine disruptors on human health.
Research into Child Vulnerabiltiy
The Committee recommends that the government immediately develop and ensure adequate funding for pesticides research program devoted specifically to child health. Research goals should focus on the exposure of the fetus and the newborn to pollutants accumulated in the mother's body and on the neurotoxic effects of pesticides and on such aspects as children's daily activities and their developmental and physiological characteristics.
7. OTHER VULNERABLE POPULATION GROUPS
Research on Protecting Vulnerable Groups
The Committee recommends that Health Canada take the necessary steps to bring about legal recognition of multiple chemical sensitivity syndrome.
The Committee recommends that the government fund Health Canada and its government partners so that they can assess the relevance of existing research protocols involving vulnerable population groups, draft new protocols where necessary and pursue current research on the impact of pesticides on human health, particularly on vulnerable groups.
The Committee recommends that the new Pest Control Act give priority to protection of the environment and human health, and especially to the protection of all vulnerable population groups.
The Committee recommends that the government ensure legal protection, through the new Pest Control Act, for the most vulnerable groups: fetuses, children, seniors, women, Aboriginal people, persons suffering from multiple chemical sensitivity or in poor health, and professional users of pesticides. To this end, decisions on pesticides should be based on the protection of the most vulnerable groups.
Risk Assessment
The Committee recommends that the data quality and integrity systems that would be accepted as equivalent to the Organization for Economic Co-operation and Development's good laboratory practices program be clearly defined as a Pest Management Regulatory Agency Regulatory Directive.
Human Health
The Committee recommends that all risk assessment and risk management processes which the Pest Management Regulatory Agency uses be clearly defined and published.
The Committee recommends that the Pest Management Regulatory Agency add tests for neurotoxicity and, when available, for endocrine disruption to the lists of toxicology studies that are mandatory for all pesticides.
The Committee recommends that the Pest Management Regulatory Agency work with the Organization for Economic Co-operation and Development and the United States Environmental Protection Agency to amend protocols to investigate pesticide effects on fetal development and children, including neurological development.
Human Health Risk Assessment
The Committee recommends that:
(a) Health Canada continue research into the adequacy of an additional factor of 10 at protecting children's health;
(b) at least one additional safety factor of 10 be used in determining the tolerance of pesticide residues in food stuffs in order to protect the health of vulnerable sectors of the population including children and fetuses;
(c) acceptable margins of safety used when conducting non-dietary assessments should be increased by at least one factor of 10 from 100 to 1000; and
(d) the use of this additional safety factor should be given a legislative basis in the new Pest Control Act.
The Committee recommends that the Pest Management Regulatory Agency incorporate cumulative and aggregate risks and the possible interaction between pesticides into their evaluation and, more specifically, in the determination of maximum residue limits and that cumulative and aggregate risks be defined in the new Pest Control Act.
Environmental Risk Assessment
The Committee recommends that the Pest Management Regulatory Agency's environmental safety evaluations include more comprehensive and in-depth studies on the impacts of pesticide use on the environment (e.g. water, air, soil, sediment, and non-target organisms).
The Committee recommends the re-establishment of a direct mechanism for submission of independent scientific findings to the PMRA. This type of submission would be followed by mandatory feedback from the Agency to the individual or group who submitted the information.
The Committee recommends that the Pest Management Regulatory Agency continue to require a full set of efficacy data for the registration of pesticides.
Additional Risk Assessment Practices
The Committee recommends that formulants be subject to the same assessment, review and access to information provisions as the "active ingredient," including the requirement that they be listed on the pesticide label. Contaminants, including microcontaminants, should be reviewed thoroughly and all toxicity information should be available to the public. These new aspects of the safety assessments should be incorporated into the new Pest Control Act.
New Pesticide Applications
The Committee recommends, given the lack of long-term data on pesticide use on genetically modified plants, that the new Pest Control Act specify that the use of a pesticide on a genetically modified plant require an amendment to the pesticide's registration. The amendment process should necessitate an assessment of the use of that pesticide on the genetically modified plant.
Burden of Proof
The Committee recommends that the burden of proof that a pesticide does not pose an unacceptable risk remain with the manufacturer both before and after registration.
Refusal to Register
The Committee recommends that children's health be the focus and indicator of what constitutes 'unacceptable risk' for the regulation of pesticides.
The Committee recommends that the Pest Management Regulatory Agency ensure that its implementation document is consistent with the federal Toxic Substances Management Policy by, among other things, using the exact terms found in this policy.
The Committee recommends that pesticides containing any Track 1 substance under the federal Toxic Substances Management Policy not be registered or re-registered.
The Committee recommends that the Pest Management Regulatory Agency establish science-based inherent toxicity criteria, such as thresholds for endocrine disruption, neurotoxicity, and carcinogenicity so that pesticides meeting any of these thresholds not be registered or, if already on the market, be de-registered.
Restrictions on the Use of Pesticides
The Committee recommends that the Pest Management Regulatory Agency improve its inspection and enforcement operations and, in the case of non-compliance, apply the full range of available enforcement penalties.
The Committee recommends that the Pest Management Regulatory Agency work with the provinces and territories to investigate the use of pesticides to determine whether users comply with label instructions.
Cancellation or Suspension of Registration
The Committee recommends that, as a condition of registration for all pesticides, the new Pest Control Act require registrants to conduct routine post-registration monitoring, to report all adverse effects to the Pest Management Regulatory Agency, and to co-ordinate with government departments and industry associations to avoid unnecessary overlap and duplication.
The Committee recommends that the Pest Management Regulatory Agency establish a database of all reported adverse effects of pesticides and that the information from this database be used in future risk assessments.
10. RE-EVALUATION OF PESTICIDES AND SPECIAL REVIEWS
Re-evaluation
The Committee recommends that the re-evaluation program be adequately funded so that all pesticides registered prior to 1995 be re-evaluated no later than 2006.
Special Reviews
The Committee recommends that the new Pest Control Act contain provisions for special review of pesticide registrations, and that when a member country of the Organization for Economic Co-operation and Development (OECD) bans a pesticide for safety reasons such a review be mandatory.
The Committee recommends that the new Pest Control Act specify that, in the event that a pesticide has gone 15 years without being assessed, either through registration or special review, a re-evaluation by the Pest Management Regulatory Agency be required within one year.
11. ALTERNATIVES TO PESTICIDES
Integrated Pest Management Research and Strategies
The Committee recommends that the Pest Management Regulatory Agency, in conjunction with other relevant departments and educational institutions, favour a reduction of pesticide use, develop alternatives to pesticides and promote integrated pest management by:
(a) developing a pesticide use reduction policy and implementing it in all its activities, including the registration process; and
(b) revising its integrated pest management program.
The Committee recommends that the government allocate appropriate funding year after year to permit full implementation of the Agency's integrated pest management program.
The Committee recommends that, to protect the environment and human health:
(a) the government allocate appropriate financial resources to integrated pest management research and public information and, in particular;
(b) Agriculture and Agri-Food Canada increase research into alternatives to pesticides and formulate pest management strategies.
The Committee recommends that the government, in co-operation with its provincial and territorial partners, establish a national alternatives-to-pesticides data base and that it be made available to the public through an electronic registry.
The Committee recommends that the substitution principle included in Sweden's new Environmental Code be defined in the new Pest Control Act and that the Pest Management Regulatory Agency apply the substitution principle in order to promote the replacement of pesticides with less toxic products and non-chemical measures.
Tax Incentives for Organic Agriculture
The Committee recommends that the government develop an organic agriculture policy for the transition from pesticide-dependent farming to organic farming. This policy should include tax incentives, an interim support program during the transition period, technical support for farmers, the development of post-secondary organic farming programs and enhanced funding for research and development (R&D) in organic agriculture.
Food Grading System
The Committee recommends that the government work with industry to quickly put in place a certification organization for the Canadian National Organic Agriculture Standard.
The Committee recommends that the food labelling system be improved to provide consumers with better information on the intrinsic nutritional qualities of food products.
Organic Agriculture Research
The Committee recommends that the government grant appropriate financial resources for research, teaching and information distribution in the organic agriculture sector.
The Committee recommends that the government create research chairs in organic agriculture.
The Committee recommends that, within six months of the tabling of the government response to the present report, a special committee composed of members of the Standing Committees on Environment and Sustainable Development, Agriculture and Agri-Food, and Foreign Affairs and International Trade, be formed to conduct an in-depth study on organic agriculture in the domestic and the international context and to make recommendations to the government.
12. URGENT NEED FOR ACTION:
AWARENESS, REDUCTION,
PHASE OUT
The Importance of an Awareness Campaign
The Committee recommends that the government introduce a comprehensive national awareness and information campaign on pesticides.
Pesticide Reduction at the Federal Level
The Committee recommends that the government, including departments, federal councils and agencies, Crown corporations listed in Schedule III of the Financial Administration Act, federal regulatory agencies, and federal lands, pursuant to the new Pest Control Act legislation:
(a) report to Parliament on all its uses of pesticides, through the sustainable development strategies, indicating the type and amount of pesticides used, when and where; and
(b) establish pesticide use reduction plans.
The Committee recommends that the federal government develop and adopt, with the assistance of its provincial and territorial partners and with the private sector, a national pesticide reduction protocol similar to what has been done in Europe and modelled on the National Packaging Protocol developed by the Canadian Council of Ministers of the Environment.
Gradual Reduction in the Use of Pesticides for Esthetic Purposes
The Committee recommends that the new Pest Control Act prohibit the registration and re-registration of pesticides intended for cosmetic uses.
The Committee urges the government, in partnership with the provinces, territories and municipalities, to develop a strategy for the gradual phase-out of pesticides used for cosmetic purposes.
13. INFORMING AND INVOLVING THE CANADIAN PUBLIC
The Disclosure of Information
The Committee recommends that, as a condition of registration, the new Pest Control Act require that any pesticide containing a toxic formulant, contaminant or microcontaminant which is toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999, bear a warning on its label that it contains a toxic ingredient, the amount and name of which must be identified on the label.
The Committee recommends that the new Pest Control Act contain measures which would allow the broadest possible disclosure of information to the public. At a minimum, these measures should be similar to the disclosure provisions set out in sections 51 to 53 of the Canadian Environmental Protection Act, 1999, and should be supplemented by a non-exhaustive list of information that would have to be disclosed publicly. In particular:
(a) the new Pest Control Act should provide for the public disclosure of all information provided to the Pest Management Regulatory Agency in relation to pesticides;
(b) a request for confidentiality may be made in writing but it should be sustained only in relation to confidential business information, subject to an overriding discretion to disclose confidential business information where the public interest outweighs the financial or competitive interests of the person requesting confidentiality;
(c) the term "confidential business information" should be defined narrowly to encompass only information that would be truly prejudicial to the financial or competitive interests of the person to whom it belongs; and
(d) a non-exhaustive list should be provided of information that would have to be disclosed to the public, even though the information might otherwise qualify as confidential business information. Without limiting the generality of the foregoing, such a list should specifically include:
- information respecting the ingredients of pesticides, including
formulants, contaminants and
by-products; - all information concerning the objectives, methodology, results or significance of any test or experiment performed on or with a registered or previously registered pesticide or its separate ingredients, impurities, or degradation products;
(1) any information concerning the effects of such pesticide on any organism,
(2) the behaviour of such pesticide in the environment, and
(3) including, but not limited data on safety to humans, animals, plants and soil;
- studies on persistence, translocation and fate in the environment, and metabolism.
An Electronic Public Registry of Information
The Committee recommends that the new Pest Control Act require the establishment of an electronic public registry.
The Committee, subject to the narrow exemption recommended in this report for confidential business information and such restrictions on access to information as are imposed under binding international agreements, recommends that the registry contain as much information as possible, including:
- the registration, special review and re-evaluation of pest control product documents, including related test data, conditions of registration, validity period for all registered products, reports of evaluations of risks and value, and maximum residue limits;
- the cancellation or suspension of registration certificates;
- notices of objection and related disposition of the cases;
- export, research, own-use import and other permits;
- enforcement action and related disposition of the cases;
- the adverse effects database, the alternatives to pesticides database and the pesticide sales and use database;
- advisory body reports;
- interdepartmental memoranda of understanding;
- international harmonization activities; and
- proposed and final texts of regulations, policies, guidelines and codes of practice.
Annual Report to Parliament
The Committee recommends that the Minister of Health be required to table in Parliament an annual report on the administration and enforcement of the new Pest Control Act.
Participation in the Decision-Making Process
The Committee recommends that:
(a) the new Pest Control Act require that notice be given in relation to all proposed registration decisions, special reviews, re-evaluations, major registration changes, regulations, policies, memoranda of understanding, agreements, guidelines and codes of practice and that the public be afforded a reasonable opportunity to comment;
(b) the new Pest Control Act require that the comments received be considered before a decision is taken and that a summary outlining how the comments were taken into consideration be provided with the decision;
(c) the new Pest Control Act allow any party to file a notice of objection concerning major decisions taken under the Pest Control Act, including decisions respecting registrations, re-evaluations, special reviews and certificate amendments and the Minister be given the authority to determine whether or not a review panel should be established based on criteria set out in the legislation.
Pesticide Sales and Use Inventories
The Committee recommends that:
(a) as a condition of product registration, the new Pest Control Act require registrants to provide the Pest Management Regulatory Agency with their sales data on an ongoing basis which, at a minimum, must identify the product and amount sold, as well as the location and date of sale; and
(b) the pesticide sales inventory be made public on the electronic public registry of information.
The Committee recommends that:
(a) the new Pest Control Act require the establishment of a national pesticide use inventory to track the use of designated pesticides, beginning with the pesticides of greatest concern;
(b) the Pest Management Advisory Council be charged with the selection of the pesticides subject to mandatory reporting under this inventory; and
(c) the pesticide use inventory be made public on the electronic public registry of information.
Whistleblower Protection
The Committee recommends:
(a) that whistleblower protection be provided under the new Pest Control Act. In particular, the new Pest Control Act should make it an offence for anyone to disclose the identity of any person, including an employee, who voluntarily reports an offence that has been committed or that is likely to be committed under the new Pest Control Act unless that person waives anonymity;
(b) that it be an offence under the new Pest Control Act for anyone to take any kind of retaliatory action against, or to otherwise disadvantage, any person who, acting in good faith and on the basis of reasonable belief, voluntarily reports an offence that has been committed or that is likely to be committed under the new Pest Control Act, or refuses or expresses an intention to refuse to do anything that would constitute an offence under the new Pest Control Act; and
(c) that it be an offence under the new Pest Control Act for an employer to dismiss, suspend, demote, discipline, harass, impede in advancement, or otherwise disadvantage an employee who, acting in good faith and on the basis of reasonable belief, voluntarily reports an offence that has been committed or that is likely to be committed under the new Pest Control Act, or refuses or expresses an intention to refuse to do anything that would constitute an offence under the new Pest Control Act.
14. THE SPECIAL INFORMATION NEEDS OF WORKERS AND HEALTH CARE PROFESSIONALS
The Workers' Right to Know
The Committee recommends that the current exemption of pesticides from the Workplace Hazardous Material Information System (WHMIS) be removed and that pesticides be required to meet all the WHMIS requirements, subject to such modifications as are needed to account for the differences between pesticides and other types of hazardous substances.
Health Care Professionals
The Committee recommends that the Minister of Health, solely or jointly with the provincial and territorial Ministers of Health, establish an effective twenty-four hour medical emergency information service with respect to pesticides and other toxic substances.
The Committee recommends that the Minister of Health, in partnership with the provincial/territorial Ministers of Health, the governing bodies for medical practitioners and the national/provincial/territorial medical associations:
(a) ensure that health care professionals are given the necessary education and training to identify and treat illnesses caused by, or involving exposure to, pesticides and other toxic substances; and
(b) encourage health care professionals to report cases of adverse effects to the Pest Management Regulatory Agency for inclusion in the adverse effects database recommended by the Committee.
A Statutory Base for the PMRA
The Committee recommends that a statutory base be provided to the Pest Management Regulatory Agency in the new Pest Control Act and that its role and responsibilities be clearly defined.
A Strengthened Mandate for the PMRA
The Committee recommends that the Pest Management Regulatory Agency be given the following priorities in its mandate under the new Pest Control Act:
(a) give absolute priority to the protection of human health and the environment when considering whether to approve a pesticide for use in Canada or allow its continued use;
(b) promote the use of sustainable pest management strategies that seek to reduce use, risk and reliance on pesticides;
(c) emphasize the development of safer pest control products; and
(d) inform and educate the public about pesticides and the risks associated with their use.
The Advisory Bodies
The Committee recommends a restructuring of the advisory bodies, specifically that:
(a) the Economic Management Advisory Committee be dissolved and its functions be taken over by the Pest Management Advisory Council;
(b) the Federal/Provincial/Territorial Committee on Pest Management and Pesticides and the Pest Management Advisory Council be officially recognized in the new Pest Control Act and their mandates be defined;
(c) the mandate of the Pest Management Advisory Council explicitly provide that absolute priority be given to the protection of human health and the environment; and
(d) the broad-based membership of the Pest Management Advisory Council be explicitly retained in the new Pest Control Act.
Improved Information Sharing
The Committee recommends that:
(a) the new Pest Control Act expressly authorize the disclosure by the Pest Management Regulatory Agency of confidential information, including confidential business information, to other federal, provincial and territorial departments and agencies that require the information in the course of their duties, subject to their maintaining the confidentiality of the information;
(b) as an interim measure, the Pest Management Regulatory Agency develop forthwith the broadest possible policy permitted at common law on the disclosure of confidential information, including confidential business information, to other federal, provincial and territorial departments and agencies that require the information in the course of their duties, subject to their maintaining the confidentiality of the information; and
(c) the Minister of Health ensure that the Pest Management Regulatory Agency implements such a policy no later than 60 days from the tabling of this report in the House of Commons.
Inter-Departmental Memoranda of Understanding
The Committee, deploring the use of memoranda of understanding unless they are developed through a clear and transparent process, recommends that:
(a) before being finalized and signed, all inter-departmental memoranda of understanding negotiated by the Pest Management Regulatory Agency and other departments in relation to pest management issues be published on the electronic public registry and that the public be afforded a thirty-day period for comments;
(b) these memoranda of understanding be revised to ensure that they contain an effective review mechanism; and
(c) the relevant Ministers take full responsibility by approving and signing the agreements.
The Committee recommends that in the event of a disagreement between federal agencies and departments regarding the use of a pesticide, the new Pest Control Act explicitly require the application of the precautionary principle to give priority to the protection of human health and the environment.
The Committee, reiterating the concerns expressed by the Commissioner of the Environment and Sustainable Development regarding the failure of the Pest Management Regulatory Agency and Fisheries and Oceans Canada to resolve their differences and take co-operative action, recommends that the Pest Management Regulatory Agency and Fisheries and Oceans Canada proceed forthwith to conclude a Memorandum of Understanding in relation to pest management issues in fisheries and aquaculture and that the agreement negotiated by them be approved and signed by their respective Minister.
The Committee recommends that the Pest Management Regulatory Agency and the sectoral departments take immediate steps to implement the provisions of their respective Memoranda of Understanding.
16. INTERNATIONAL HARMONIZATION
The Committee recommends that a clause be added in the operative sections of the new Pest Control Act requiring that protection of human health and the environment according to the precautionary principle be the sole objective of any action to harmonize Canadian standards with those of other countries, and that such standards not be weakened in any way.
The Committee recommends that the harmonization process be fully transparent by requiring that all harmonization negotiations and actions be reported on the Pest Management Regulatory Agency's electronic public registry of information.
The Need to Review the Cost Recovery Program
The Committee recommends that:
(a) the Minister of Health and the Pest Management Regulatory Agency immediately initiate a study to determine whether cost recovery fees constitute a disincentive to the registration in Canada of safer and more efficacious pesticides; and
(b) the Minister of Health table this study in Parliament within six months of the tabling of this report in the House of Commons.
Payment to the Receiver General of Canada
The Committee recommends that the government take the necessary steps to ensure that the cost recovery fees charged by the Pest Management Regulatory Agency be paid to the Receiver General of Canada and not to the Agency.
The Need for Increased Funding
The Committee recommends that the government provide the Pest Management Regulatory Agency with the necessary additional financial resources to effectively carry out its entire program.