Dual regulation of consumer products classified as “treated articles” under the Pest Control Products Regulations

A recent amendment to the Canada Consumer Product Safety Act (CCPSA) clarified that that the CCPSA applies to consumer products that meet the definition of “treated article” in the Pest Control Products Regulations (PCPR). The amendment was published in the Canada Gazette, Part II and came into force on November 8, 2024.

What you need to know

• The CCPSA applies to consumer products, including those that meet the definition of a treated article in the PCPR.
• A treated article may be subject to requirements under both the Pest Control Products Act (PCPA) and CCPSA. Organizations should consider whether registration and compliance under both authorities is required for a single consumer product.

Treated articles in the PCPA/PCPR

In 2023, an amendment to the PCPR codified the regulation of “treated articles”. The 2023 amendment clarified that non-food products that are treated with a pest control product will be subject to regulation under the PCPR as a treated article, unless otherwise exempted. Consumer products, such as clothing and furniture, are not expressly exempted from regulation under the PCPA/PCPR. Designation of a product as a “treated article” creates additional regulatory burdens for manufacturers, including the requirement to register the article with Health Canada’s Pest Management Regulatory Agency, unless an exemption to registration exists.

The PCPR define a treated article as any non-food inanimate product or substance that:

• is treated with a pest control product during manufacturing by (a) incorporating the pest control product into the article, or (b) applying the pest control product to the article; and
• whose primary purpose before the treatment is not pest control.

For example, clothing is considered to be a treated article, where it is manufactured and sold with a mosquito repellant pre-applied to it for the purpose of delivering mosquito repellant during wear.

See our bulletin for further details on treated articles and the PCPA: Health Canada formalizes approach to “treated articles” under the Pest Control Products Act.

Pest control products in the CCPSA

The CCPSA aims to prevent dangers to human health or safety that are posed by consumer products in Canada. A consumer product is defined as a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging.

There is a general exemption for pest control products from regulation under the CCPSA. However, this new amendment specifically excludes treated articles from the CCPSA exemption. As a result, the CCPSA can apply to consumer products that meet the definition of treated articles under the PCPR.

What this means for clients

A consumer good treated with a pest control product may be subject to requirements under both the CCPSA and PCPA, including the requirement to register the article with Health Canada’s Pest Management Regulatory Agency, unless an exemption to registration exists. This applies to products that are already on the Canadian market—there is no grace period for products sold prior to the coming into force of this new amendment to the CCPSA.

Health Canada has provided the example of a crib mattress that has been treated with an antibacterial. Their position is that there are two main areas of concern: the dangers associated with the article itself, and those associated with the antibacterial the crib mattress has been treated with. As such, compliance with both the CCPSA and PCPA should be considered when assessing regulatory requirements for consumer products.