Question Period Note: PESTICIDE MAXIMUM RESIDUE LIMITS (MRLs)

• Pesticides are stringently regulated in Canada to ensure they pose minimal risk to human health and the environment. As part of the assessment process before a pesticide can be used on a food product, Health Canada scientists determine whether the pesticide residues that may be found in or on food will be a concern to human health, and determine the safe levels of residues, called Maximum Residue Limits, or MRLs.
• Health Canada sets science-based MRLs to ensure the food Canadians eat is safe. The MRLs for each pesticide-crop combination are set at levels well below the amount that could pose a health concern. If it is determined that a risk exists, the product will not be permitted for sale or use in Canada.
• During the summer of 2021, Health Canada received extensive comments during consultations for proposed changes to MRLs, in particular for proposals to raise the MRL for glyphosate on certain crops. Changes to glyphosate MRLs are paused as extensive consultation comments are reviewed.
• The Pest Control Products Act (2002) provides robust protection of human health and the environment. However, some provisions of the Act now warrant review to ensure the pesticide approval process meets the expectations of Canadians in the area of transparency and sustainability.
• In addition to the targeted review of the Pest Control Products Act announced on August 4, 2021, Health Canada has paused decisions on increases to all MRLs until at least spring 2022. Health Canada is currently reviewing the extensive comments received during MRL consultations in 2021. The announcement also included funding that will allow the creation of a new science advisory committee to provide advice, as appropriate, prior to evidence-based decisions on pesticides, including on MRLs.
• By June 30th, 2022, PMRA will complete broad public consultations on key ways to modernize and strengthen the Pest Control Products Act to ensure it supports transparency, use of independent scientific evidence and input to the decision-making process. The MRL process will benefit from these broad public consultations and resulting improvements to PMRA’s policies and practices.
• The Government of Canada has paused all proposed increases to Maximum Residue Limits (MRLs). MRL proposals will be published after Health Canada has completed reviewing the extensive comments received during MRL consultations in 2021.
• Health Canada’s MRL decisions, as for any other pesticide decisions, will remain science-based.

• Our Government takes pesticide safety very seriously. Health Canada sets science-based Maximum Residue Limits to ensure the food Canadians eat is safe. The Maximum Residue Limits are set at levels well below the amount that could pose a health concern.
• Health Canada is strengthening its oversight and protection of human health and the environment. This includes enhanced transparency of decision making to ensure the pesticide review process meets the expectations of Canadians.
• Health Canada is establishing an independent scientific advisory committee to provide advice as required, to better inform its decisions, including on Maximum Residue Limits. This committee is expected to be formed later this spring.

IF PRESSED ON THE IMPACT OF PAUSING MRL DECISIONS ON CANADIANS, AND THE ESTABLISHMENT OF A SCIENCE ADVISORY COMMITTEE:
• Recently announced funding by the government will allow the creation of a new expert panel process to provide advice, as appropriate, prior to evidence-based decisions on pesticides, including on MRLs.
• The role of the Science Advisory Committee on Pest Control Products is to provide scientific advice to Health Canada’s Pest Management Regulatory Agency (PMRA).
• PMRA could ask the Committee to provide scientific advice on certain MRL-setting related scientific questions.
• Health Canada remains committed to timely, evidence-based decisions on pesticides.

IF PRESSED ON THE IMPACT OF THE FEDERAL COURT OF APPEAL RULING THAT PMRA MUST RECONSIDER ITS DECISION WITH RESPECT TO A NOTICE OF OBJECTION AND THE ESTABLISHMENT OF A PANEL RELATING TO HEALTH RISKS OF GLYPHOSATE. HOW DOES THIS IMPACT THE 2021 PROPOSAL TO INCREASE GLYPHOSATE MRLS:
• Health Canada is currently reviewing the Federal Court of Appeal decision.
• The court did not weigh in on the scientific merit of either the notice of objection or the underlying re-evaluation decision. Rather the court said that Health Canada needed to provide an interpretation of the legal framework when making its decision.
• The Government of Canada has paused all proposed increases to Maximum Residue Limits (MRLs), including those for glyphosate. There will be no increases to MRL levels until after completing review of extensive comments received during MRL consultations in 2021, and the extension of the consultation period on the Pest Control Products Act to June 30, 2022.

• Before a pesticide is approved, it must undergo a rigorous scientific assessment process, which provides reasonable certainty that no harm, including chronic effects such as cancer, will occur when pesticides are used according to label directions. Under this registration process, results from more than 200 types of scientific studies must be submitted to determine if the pesticide would have any negative effect on people, animals (including birds and insects), or plants, including organisms in the soil and water.

• The results of these studies are evaluated by scientists within Health Canada’s Pest Management Regulatory Agency, to determine whether a pest control product may cause adverse effects for the health of Canadians. This assessment takes into consideration sensitive sub-groups, such as pregnant and nursing women, infants, children and seniors. All pesticides registered in Canada, including agricultural, forestry and those intended for lawn and garden uses, undergo this level of scrutiny.

• After a pesticide is applied to a food crop, trace amounts of pesticide residues may stay in or on the food. Pesticides intended for use on food crops must be tested for the safety of these residues. As part of the assessment process before a pesticide can be used on a food product, Health Canada scientists must determine whether the pesticide residues that may be found in or on food will be a concern to human health, and determine the safe levels of residues, called Maximum Residue Limits, or MRLs.

• Canadian MRLs are set for each pesticide and crop combination, for an approved pesticide use. Canadian MRLs are; legally established as the highest amount of allowable residue, are set at levels far below the amount of pesticide residue that could cause health concerns, take into account all of the population including infants, children, and pregnant women, are set for all foods sold in Canada, whether produced locally or imported, apply to fruits, vegetables, meat, dairy products, grains, and some processed foods.

• In May 2019, the Joint Food and Agriculture Organization of the United Nations/World Health Organization (FAO/WHO) Meeting on Pesticides Residues (JMPR) recommended use of new glyphosate MRLs for consideration by the World Health Organization's Codex Alimentarius Commission. Bayer CropScience submitted an application requesting to align certain MRLs with those being proposed. In response to the application, Health Canada launched a public consultation on MRLs relating to the import of dry beans, dry peas and tree nuts in May 2021 on the proposed change.

• As announced on August 4, 2021, Health Canada is pausing decisions on increases to MRLs until at least spring 2022. Health Canada is currently reviewing the extensive comments received during MRL consultations in 2021. This announcement also includes funding that will allow the creation of a new expert panel process to provide advice, as appropriate, prior to evidence-based decisions on pesticides, including on MRLs.

• On January 27, 2022, Health Canada officially launched a call for nominations to create a new Science Advisory Committee on Pest Control Products in Canada. Nominations closed March 11, 2022 and the committee membership will be announced when the assessment process is complete. The role of the Science Advisory Committee on Pest Control Products is to provide independent scientific advice in response to targeted questions from the PMRA related to specific technical aspects of assessments or scientific reviews. PMRA could ask the Committee to provide scientific advice on certain assumptions or scientific data underpinning a particular pesticide assessment; however, not all PMRA decisions will go to the Committee for specific scientific advice. This committee is expected to be operational later this spring.

• To allow more time for fulsome consultations on the Pest Control Products Act, the consultation period has been extended to June 30, 2022.

• Following Health Canada’s decision regarding the glyphosate Notices of Objection in January 2019, an application for judicial review challenging PMRA's decision not to establish a review panel in respect of part of the glyphosate re-evaluation was filed. On February 2, 2022, the Federal Court of Appeal allowed Safe Food Matters’ appeal of the Federal Court decision, set aside the decision of the Federal Court and quashed PMRA’s decision dated January 11, 2019. PMRA must now reconsider its decision with respect to the notice of objection filed by Safe Food Matters on whether to strike a review panel relating to the health risks of glyphosate. Health Canada is currently reviewing the Federal Court of Appeal decision.

• Global interest in maximum residue levels (MRLs) and regulation of glyphosate remains high following the classification of the chemical as a probable carcinogen by the International Agency for Research on Cancer in 2015 (IARC). However, it should be noted that this assessment did not take real-world exposures into account.

• Contrary to the IARC findings, and consistent with Health Canada’s review, the U.S. Environmental Protection Agency’s January 2020 decision concluded that glyphosate is not likely to be carcinogenic to humans. The European Commission also renewed the authorization of glyphosate for five years starting in December 2017 based on its own science-based risk assessments. The EU renewal assessment is currently underway, and in June 2021, the EU Rapporteur State Members (France, Hungary, the Netherlands and Sweden) submitted its draft assessment of glyphosate to the European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA) for preparation of consultation documents to begin in September 2021. Currently, a decision from the EFSA is expected in July 2023.

• The Government of Canada has paused all proposed increases to Maximum Residue Limits (MRLs). MRL proposals will be published after Health Canada has completed reviewing the extensive comments received during MRL consultations in 2021.

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