Definitions
 1. (1) In this Regulation, “adequate respiratory protection” means, in respect of a pesticide, a respiratory device or devices that, (a) protect the user from adverse effects that might result from breathing in the pesticide during the handling or use of the pesticide, and (b) comply with any requirements respecting respiratory devices that are set out on the pesticide’s label; (“protection respiratoire adéquate”) “agricultural operation” means an agricultural, aquacultural or horticultural operation and, subject to subsection (2), includes any of the following activities done for the purposes of any of those operations: 1. Growing, producing or raising farm animals. 2. The production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, and any additional agricultural crops prescribed by the regulations made under the Nutrient Management Act, 2002. 3. The production of eggs, cream or milk. 4. The operation of agricultural machinery and equipment. 5. The processing by a farmer of the products produced primarily from the farmer’s agricultural operation. 6. Activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles or storage containers or maintenance of a shelterbelt for the purposes of the agricultural operation. 7. The management of materials containing nutrients for farm purposes. 8. The production of wood from a farm woodlot, if at least one of the activities described in paragraphs 1 to 7 is carried out on the property where the farm woodlot is located; (“exploitation agricole”) “application area” means the land on which a land extermination is performed or intended to be performed; (“zone d’application”) “authorizing certificate” has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009; (“certificat d’autorisation”) “controlled sales pesticide” means, (a) a Class B pesticide with a label that indicates a use of repelling any animal and that its only active ingredient is capsaicin or capsaicin and related capsaicinoids, or (b) a Class D pesticide described in paragraph 3, 4, 5 or 6 of subsection 97 (1) with a label that indicates a use in, on or over land that is not mentioned in paragraph 3, 4, 5 or 6 of subsection 97 (1); (“pesticide dont la vente est contrôlée”) “corn” means grain corn and does not include popping corn, sweet corn or corn used for the production of seed; (“maïs”) “Crown forest” means a forest ecosystem or part of a forest ecosystem that is on land vested in Her Majesty in right of Ontario; (“forêt de la Couronne”) “custom seed treater” means a person who provides a seed treating service; (“entrepreneur en traitement des semences”) “farm animal” means, (a) livestock, including poultry and ratites, (b) fur-bearing animals, (c) bees, (d) cultured fish, (e) deer and elk, (f) game animals and birds, or (g) any additional animals, birds or fish prescribed by the regulations made under the Nutrient Management Act, 2002; (“animal d’élevage”) “farm property” means an area of land used for an agricultural operation, part of an agricultural operation or more than one agricultural operation; (“bien agricole”) “farmer” means, (a) an individual who owns an agricultural operation, or (b) an individual who operates an agricultural operation on a regular basis; (“agriculteur”) “forest” means a treed area of land that is one hectare in size or larger and that is not used for the production of an agricultural crop as part of an agricultural operation; (“forêt”) “forestry” means activities relating to any of the following: 1. Harvest, renewal, maintenance or establishment of a forest. 2. Protection of forest resources derived from a forest. 3. Accessing a forest for a purpose mentioned in paragraph 1 or 2; (“activités forestières”) “fumigant” means a pesticide that is or that produces or evolves a gas or vapour, and that functions as a pesticide exclusively or primarily by the action of the gas or vapour; (“fumigant”) “fumigant gas” means a fumigant that, (a) is a gas at a temperature of 20° C and standard pressure, or (b) produces or evolves a gas at a temperature of 20° C and standard pressure and functions as a pesticide exclusively or primarily by the action of the gas; (“fumigant gazeux”) “fumigation” means a structural extermination performed by means of a fumigant; (“fumigation”) “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”) “listed active ingredient” means an active ingredient that is listed by the Director in the document prescribed for the purpose of paragraph 2 of subsection 7.1 (1) of the Act; (“principe actif inscrit”) “manufacturer” means a person who carries on business respecting, (a) the formulation of a Class A pesticide into another pesticide, (a.1) the treatment of a seed with a pesticide to produce a treated seed, (b) the manufacturing of a pesticide into a product, (c) the incorporation of a pesticide into a product, or (d) the packaging or distribution of a pesticide or a product containing a pesticide; (“fabricant”) “Ministry’s electronic system” has the same meaning as in Ontario Regulation 245/11 (Registrations under Part II.2 of the Act - General) made under the Environmental Protection Act; (“système électronique du ministère”) “occupation” has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009; (“métier ou profession”) “out-of-province regulatory authority” has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009; (“autorité de réglementation extraprovinciale”) “Pest Risk Assessment Guideline” means the document entitled “Pest Risk Assessment Guideline”, as amended from time to time, that is published by the Minister and available through a website of the Government of Ontario and that sets out, (a) with respect to the pests referred to in the document, (i) the number of the pests, determined in accordance with the Pest Risk Assessment Guideline, that must be detected during an inspection of soil in order to use a Class E pesticide for the purposes of an agricultural operation, (ii) the percentage of stand loss, determined in accordance with the Pest Risk Assessment Guideline, that must be detected during an inspection of a crop in order to use a Class E pesticide for the purposes of an agricultural operation, and (iii) the pest risk criteria that must be met during an inspection in order to use a Class E pesticide for the purposes of an agricultural operation, and (b) the methods to be used to determine the number of pests mentioned in subclause (a) (i) and the percentage of stand loss mentioned in subclause (a) (ii); (“Ligne directrice pour l’évaluation des risques phytosanitaires”) “pest risk assessment report” means a report described in section 3; (“rapport d’évaluation des risques phytosanitaires”) “public work” means a structure that provides a benefit to the public and that is owned or operated by the Government of Ontario or Canada or by any board or commission thereof, or by any municipal corporation, public utility commission or by private enterprise and includes any railway, canal, highway, bridge, power works including all property used for the generation, transformation, transmission, distribution or supply of hydraulic or electrical power, gas works, water works, public utility or other work; (“ouvrage public”) “regulated occupation” has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009; (“métier ou profession réglementé”) “residential area” means a lot or parcel of land, (a) on which there are no buildings other than, (i) detached houses, semi-detached houses or rowhouses, and (ii) buildings or structures that are accessory to the buildings mentioned in subclause (i), and (b) on which there is at least one and not more than four detached houses, semi-detached houses or rowhouses; (“zone résidentielle”) “rural area” means, (a) an area that is not within the geographic limits of an area of settlement within the meaning of the Planning Act, or (b) an area in which there are fewer than twenty dwelling units within one kilometre of any given location; (“zone rurale”) “sales outlet” means the premises on, in or from which a pesticide is or will be sold, offered for sale or transferred; (“point de vente”) “seed treating service” means a service that is provided to a person who is not required to hold a vendor’s licence of the Treated Seed class and that produces a treated seed through the treatment of corn seed or soybean seed with a pesticide that contains imidacloprid, clothianidin or thiamethoxam, but does not include a service that is provided with respect to a seed production contract mentioned in section 13.1; (“service de traitement des semences”) “stand loss” means crop damage, such as, (a) the failure of plants to emerge; or (b) stunted, damaged or dead plants that occur as the result of a lack of plant vigour; (“perte de plants”) “suspension in air” means a pesticide that is not a fumigant and that has been formulated for application as an aerosol, mist or fog or formulated for ultra low volume or ultra low dosage application; (“substance en suspension dans l’air”) “technician” means a person who is at least 16 years of age and who has, within the previous 24 months, (a) successfully completed a course approved by the Director for technicians concerning basic pesticide safety, or (b) satisfied the Director that he or she has equivalent qualifications to the qualifications described in clause (a); (“technicien”) “trainee” means a person, other than a technician or licensed exterminator, who is at least 16 years of age and who performs exterminations or assists in the performance of exterminations under the supervision of a licensed exterminator. (“apprenti”) “treated seed” means a seed that, as a result of being treated, is coated with or contains one or more pesticides; (“semence traitée”) “treated seed sales representative” means an individual who represents a person who is required to hold a vendor’s licence of the Treated Seed class by, (a) having direct contact with purchasers of Class E pesticides, and (b) facilitating the sale or transfer of Class E pesticides. (“représentant commercial en semences traitées”) “unlisted pesticide” means a pesticide that contains an active ingredient that is not a listed active ingredient. (“pesticide non inscrit”) O. Reg. 63/09, s. 1 (1); O. Reg. 469/10, s. 1; O. Reg. 42/13, s. 1; O. Reg. 139/15, ss. 1 (1, 2, 6); O. Reg. 228/18, s. 1; O. Reg. 134/20, s. 1 (1-14). (2) For the purposes of the definition of “agricultural operation” in subsection (1), production does not include, (a) production primarily for use or consumption by members of the household of the owner or operator of the agricultural operation; (b) production primarily for the purposes of a pastime or recreation; (c) production related to the growing of trees in a Crown forest; (d) production related to the growing of plants in a park, cemetery, on a lawn or similar location where the plants are grown primarily for display purposes; or (e) production related to the growing of agricultural crops in a park, on a property used primarily for residential purposes or in a garden located in a public space.  O. Reg. 63/09, s. 1 (2). (2.1) In this Regulation, a reference to the Director means, (a) the Director appointed under section 3 of the Act in respect of the section of this Regulation in which the reference appears; or (b) if a Director described in clause (a) has not been appointed, any Director appointed under section 3 of the Act in respect of section 11 of the Act. O. Reg. 139/15, s. 1 (3). (3) For the purposes of the definition of “farmer” in subsection (1), more than one individual may, at the same time, operate an agricultural operation on a regular basis.  O. Reg. 63/09, s. 1 (3). (3.1) Revoked: O. Reg. 134/20, s. 1 (15). (4), (4.1) Revoked: O. Reg. 134/20, s. 1 (16). (4.2) In this Regulation, a reference to a pesticide that is used to treat a seed so that it becomes a Class E pesticide is a reference to a pesticide that contains imidacloprid, clothianidin or thiamethoxam. O. Reg. 139/15, s. 1 (3); O. Reg. 134/20, s. 1 (17). (5) In this Regulation, a reference to Sign A, B, C, D, E, F or G is to the sign with that letter set out in Column 1 of the Table to this subsection that has the name set out opposite the sign letter in Column 2 of the Table and that conforms with the illustration of the sign that is available on a website of the Government of Ontario and that is dated as set out in Column 3 of the Table. Table Item   Column 1   Sign Letter   Column 2   Sign Name   Column 3   Date of illustration of sign 

  1.   A   Warning — Fumigation/Avertissement — fumigation   February 24, 2009 

  2.   B   Warning — Structural extermination   February 24, 2009 

  3.   C   Notice — Residential area land extermination   May 1, 2020 

  4.   D   Warning — Residential area land extermination   February 24, 2009 

  5.   E   Notice — Non-residential area land extermination   May 1, 2020 

  6.   F   Warning — Non-residential area land extermination   February 24, 2009 

  7.   G   Warning — Storage   June 22, 2009 O. Reg. 63/09, s. 1 (5); O. Reg. 279/09, s. 1 (1); O. Reg. 139/15, ss. 1 (4, 5); O. Reg. 134/20, s. 1 (18). (6) Despite the fact that an illustration of a sign mentioned in subsection (5) may include the date of the illustration as set out in Column 3 of the Table to that subsection, that date is not required to appear on the sign.  O. Reg. 279/09, s. 1 (2). General