Exemptions, certified farmer
 43. (1) A farmer is exempt from subsection 5 (1) of the Act in respect of an extermination that he or she performs if, (a) the extermination meets a description set out in Column 1 of the Table to this section; (b) the farmer meets the conditions set out opposite the extermination in Column 2 of the Table to this section; (c) the farmer is at least 16 years of age and has been issued a certificate by a body that offers a course that has been approved by the Director with respect to the handling and use of pesticides for the purposes of an agricultural operation; and (d) the farmer carries or has readily available at the extermination site a copy of the certificate. O. Reg. 134/20, s. 13. (2) A body that offers a course mentioned in clause (1) (c) shall issue a certificate to, (a) a farmer upon the successful completion of the course; or (b) a farmer who has provided the body with, (i) a copy of an authorizing certificate issued to the farmer by an out-of-province regulatory authority in respect of the occupation of certified farmer, and (ii) a signed statement confirming that, (A) the farmer holds the authorizing certificate mentioned in subclause (i) and that it has not expired or been cancelled, suspended or revoked, (B) the farmer has obtained the training material for the course mentioned in clause (1) (c), and (C) the farmer is, in his or her own opinion, knowledgeable about the legislation and regulations that govern the practice of the occupation of certified farmer in Ontario. O. Reg. 134/20, s. 13. (3) The certificate issued under subsection (2) shall expire on the earliest of 60 months after the day on which the certificate is issued and the expiry date, if any, indicated on the authorizing certificate. O. Reg. 134/20, s. 13. (4) For the purposes of subsection (3), the Director may specify a period of time other than 60 months if the Director considers it to be appropriate in the circumstances. O. Reg. 134/20, s. 13. TABLE Item   Column 1   Description of extermination that may be performed   Column 2   Conditions related to the extermination 

  1.   A fumigation of groundhog burrows performed in the ground for the purpose of controlling groundhogs by means of a fumigant gas with a label that indicates that it contains aluminum phosphide.   1. The extermination must be performed for the purposes of the agricultural operation owned or operated on a regular basis by the farmer who is exempt under subsection 43 (1).   2. The farmer must ensure that,   i. the burrows do not open into a building,   ii. all burrow entrances are at least 30 metres from a building, and   iii. the farmer and every other person present have adequate respiratory protection during the introduction of the fumigant gas. 

  2.   Any of the following exterminations:   1. An extermination performed by means of a Class B pesticide that is not a fumigant gas.   2. An extermination performed by means of a Class C pesticide.   3. An extermination described in subsection 67 (1).   1. The extermination must be performed for the purposes of the agricultural operation owned or operated on a regular basis by the farmer who is exempt under subsection 43 (1).   2. If the extermination is a structural extermination, the farmer must meet the following conditions:   i. If the extermination is performed by means of a pesticide with a label that indicates that it contains 4-amino-pyridine, strychnine or zinc phosphide, he or she must meet the requirements set out in subsections 66 (1) and (2).   ii. If the extermination is an extermination mentioned in subsection 67 (1), the farmer must meet the requirements set out in subsection 67 (3) and another farmer who meets the conditions set out in clauses 43 (1) (c) and (d) or a licensed exterminator whose licence authorizes the performance of the extermination must be present during the extermination.   3. The extermination must not be performed by aerial application. 

  3.   A land extermination performed by means of one of the following:   1. A Class B pesticide that is not a fumigant gas.   2. A Class C pesticide.   3. A Class D pesticide.   1. The extermination must be performed for the purposes of an agricultural operation other than the operation that is owned or operated on a regular basis by the farmer who is exempt under subsection 43 (1).   2. If the farmer who is exempt under subsection 43 (1) uses a piece of equipment to apply the pesticide, only one piece of equipment must be used at any time and that equipment must be normally used on an agricultural operation that he or she owns or operates on a regular basis.   3. No money must be paid for the extermination.   4. The extermination must not be performed by aerial application.   5. The farmer who is exempt under subsection 43 (1) must not be assisted in the performance of the extermination by any person other than another farmer who meets the conditions set out in clauses 43 (1) (c) and (d). O. Reg. 134/20, s. 13.