June 29, 2026Calculating...

Bill C-30 amendments to the Pest Control Products Act and Canadian Food Inspection Agency Act

On June 18, Parliament enacted Bill C-30, An Act to implement certain provisions of the spring economic update tabled in Parliament on April 28, 2026. Bill C-30’s amendments to the Pest Control Products Act (PCPA)and Canadian Food Inspection Agency Act (CFIAA), which provide Cabinet with new regulatory authority to grant “emergency orders” and “economic security and food security orders,” are now in force.

What you need to know

Bill C-30 emphasizes national food security and economic security in the following ways:

  • It amends the PCPA to require the Minister of Health and the Pesticides Regulatory Directorate (PRD) “to consider, as appropriate, national economic security, regional economic security or national food security.” The PCPA amendments also give Cabinet the flexibility to authorize emergency use of pesticides, and temporarily override decisions of the Minister and PRD in re-evaluation and special review processes where Cabinet “considers it necessary to do so to protect national economic security, regional economic security or national food security.”
  • It amends the CFIAA to broaden the mandate of the Canadian Food Inspection Agency (CFIA), and authorize Cabinet to exempt regulated persons, things or activities from the application of legislation enforced by the CFIA, based on considerations of national or regional economic security, or national food security.

The legislative amendments have attracted scrutiny from certain public interest organizations, and may be subject to challenge if and when this new regulatory authority is exercised.

Amendments to the Pest Control Products Act

The PCPA amendments direct the Minister of Health and the PRD to consider Canada’s food security and economic security in administering the Act, and authorize Cabinet to grant temporary pesticide registrations to advance these objectives. In particular:

  • Section 4 of the PCPA requires the Minister and the PRD to consider one primary objective and several ancillary objectives in administering the Act. A new subsection (3) has been added to require them “to consider, as appropriate, national economic security, regional economic security or national food security.” However, the Act’s primary objective continues to be the prevention of unacceptable risks to individuals and the environment from the use of pesticides.
  • New section 8.1 provides Cabinet with flexibility to issue “emergency orders” to authorize the temporary use of a pesticide for “emergency control of a seriously detrimental infestation” if it “considers it necessary to do so to protect national economic security, regional economic security or national food security.” This authority may be exercised even in circumstances where the Minister and PRD have found the environmental risks of the pesticide to be unacceptable.
  • New section 28.1 authorizes Cabinet to issue “economic and food security orders” that temporarily override decisions of the Minister and PRD to cancel or amend pesticide registrations in connection with the PCPA’s re-evaluation and special review procedures. If those procedures result in a decision to cancel or amend a pesticide’s registration because the environmental risks of the product are considered unacceptable, Cabinet may order temporary reinstatement or amendment of the registration for up to three years, with a potential three-year extension, if it “considers it necessary to do so to protect national economic security, regional economic security or national food security.”

The terms “economic security”, “food security”, and “seriously detrimental infestation” are not defined in the PCPA; however, the amendments authorize Cabinet to make regulations defining these terms.

Amendments to the Canadian Food Inspection Agency Act

Bill C-30 also introduced amendments to the CFIAA to broaden the CFIA’s mandate to include contributing to public awareness of food safety and consumer protection, and to consider national and regional economic security or national food security in carrying out its duties.

In addition, Cabinet is now authorized to exempt regulated persons, things or activities from the application of certain legislation that the CFIA enforces if Cabinet determines that such exemption is necessary to protect national or regional economic security, or national food security, and would not pose an unreasonable risk to food safety, the environment, or the health of humans, plants or animals. This exemption authority applies to the Agriculture and Agri-Food Administrative Monetary Penalties Act, Feeds Act, Fertilizers Act, Health of Animals Act, Plant Protection Act, Safe Food for Canadians Act, Seeds Act, and portions of the Food and Drugs Act that relate to food (except for provisions of the Food and Drugs Act that relate to public health, safety or nutrition). Cabinet may only exercise this authority on the recommendation of the Minister or Ministers responsible for administering the applicable legislation. Any exemption ordered by Cabinet may be in effect for up to three years, and may be further extended only once for a maximum of another three years.

As with the PCPA amendments, Cabinet is authorized to make regulations defining “economic security” and “food security” for purposes of the CFIAA.

Looking ahead

Certain public interest organizations have criticized these legislative amendments, alleging among other things that they weaken pesticide protections in Canada. These critiques could foreshadow opposition to this new regulatory authority if it is exercised.


To discuss these issues, please contact the author(s).

This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.

For permission to republish this or any other publication, contact Bryn Turnbull.

© 2026 by Torys LLP. All rights reserved.

 

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