Consultation on proposed amendments to the Pest Control Products Regulations (Ultraviolet Radiation-emitting Devices and Ozone-generating Devices)

On December 4, 2021, the government published in the Canada Gazette Part 1, Notice of its intent to launch consultations on proposed amendments to the Pest Control Products Regulations. The consultation deadline is January 17, 2022. Health Canada will host a webinar for interested parties on December 14, 2021, to discuss the proposal and seek comments.

This follows the government using an interim order this spring to address significant risks to human health posed by unassessed UV devices and ozone-generating devices. The determination of significant risk was based on the well-characterized health effects of ultraviolet radiation and ozone, including eye and skin damage from ultraviolet radiation and decreased lung function and irritation of respiratory pathways from ozone; the proliferation of UV devices and ozone-generating devices marketed to kill or control SARS-CoV-2, the coronavirus that causes COVID-19; and the unproven safety and efficacy of devices being used by Canadians to protect themselves during the pandemic.

The IO came into force immediately, with a 30-day transition period, and will cease to have effect on June 7, 2022. The IO brought under the PCPA certain UV devices and ozone-generating devices used to control, destroy or inactivate bacteria, viruses or other micro-organisms that are human pathogens or to reduce their levels — other than in swimming pools, spas or wastewater treatment systems — by means of ultraviolet radiation or ozone.

 In brief, the amendments reflect the IO requirements with the following modifications:

• Allowing users to access the ultraviolet lamp for authorized UV devices, including for the replacement of ultraviolet radiation-emitting components (e.g. an ultraviolet bulb or ultraviolet LED), when the manufacturer includes label information related to the frequency of replacement and how it can be done to prevent ultraviolet exposure. This is anticipated to reduce the burden on stakeholders.
  Authorizing ultraviolet lamps or ultraviolet radiation-emitting components used in registered or authorized UV devices, meaning that they would not need to be registered. This is anticipated to reduce the burden on stakeholders.
• Most significantly for our sector - confirming that drinking water treatment systems are not subject to the PCPA. The IO’s published webpage clarified that the IO was not intended to apply to such systems, as drinking water treatment systems have never been regulated under the PCPA. This is not expected to have any impact on stakeholders.
• Requiring modification of some label statements for authorized devices, including the infection control statement. The Regulations would provide a six-month transition period before the coming into force of the infection control labelling requirement to give industry sufficient time to update labels. This is expected to result in a minor impact to stakeholders, and costs are expected to be minimal.
  For authorized devices, allowing secondary display panel information to be placed in the operating manual when there is insufficient space on the secondary display panel. This will not impact the safety of users and is expected to be a benefit for stakeholders.
• Requiring, consistent with the Questions and Answers page on the Health Canada website, the registration of UV devices that produce or generate any other substance during operation, including ozone and hydroxyls. This is expected to result in a minor impact to stakeholders, and costs are expected to be low.
  .

Access details in the Gazette: Notice at: https://gazette.gc.ca/rp-pr/p1/2021/2021-12-04/html/notice-avis-eng.html#na2

Canadian Water and Wastewater Association