Fumigations in vehicles or specified structures
 63. (1) This section applies to a fumigation performed by means of a Class B pesticide that is a fumigant gas in a vehicle, including a trailer or other equipment attached to a vehicle, or in any of the following structures: 1. A shipping container. 2. A silo or other grain storage container. 3. A bin. 4. A hopper. 5. Any other structure used for the purposes of an agricultural operation other than a building used primarily as a dwelling.  O. Reg. 63/09, s. 63 (1); O. Reg. 134/20, s. 29. (2) An exterminator who performs a fumigation mentioned in subsection (1) shall comply with the following rules: 1. Before the fumigation begins, i. the exterminator shall ensure that the vehicle or structure is capable of being sealed during the fumigation, ii. the exterminator shall ensure that the vehicle or structure is not contained within a larger vehicle or structure, iii. the exterminator shall ensure that the vehicle or structure is located at a sufficient distance from any other building, structure or area where humans may be exposed to the fumigant gas, to prevent adverse effects, iv. the exterminator shall remove from the vehicle or structure all substances that are not compatible with the fumigant gas, v. the exterminator shall search the vehicle or structure to ensure that it contains no person, and vi. the exterminator shall post Sign A, referred to in the Table to subsection 1 (5), on each entrance to the vehicle or structure. 2. Before introducing a fumigant gas from the outside or immediately after introducing a fumigant gas from the inside, the exterminator shall seal the vehicle or structure and lock all doors of the vehicle or structure by means of an external lock. 3. During the introduction of the fumigant gas and the airing out phase of the fumigation, i. the exterminator and at least one other licensed exterminator authorized to use the fumigant gas shall be present, and ii. all persons present shall have adequate respiratory protection. 4. The exterminator shall monitor the air outside the vehicle or structure to ensure that, at all times during the fumigation, the concentration of the gas produced by the pesticide within the area covered by the distance mentioned in subparagraph 1 iii is at or below the concentration specified in Column 2 or 3 of the Table to section 59. 5. The exterminator shall prepare a record of the concentration of the gas produced by the pesticide during the fumigation within the area covered by the distance mentioned in subparagraph 1 iii and shall keep the record for a period of at least two years after the fumigation is complete. 6. At all times during the fumigation, the exterminator shall ensure that no person enters or remains in the vehicle or structure, except a licensed exterminator authorized to use the fumigant gas or emergency personnel. 7. The exterminator shall ensure that the signs required to be posted remain posted at all times during the fumigation. 8. At all times during the fumigation, the exterminator shall keep the vehicle or structure sealed and the doors locked until the airing out phase of the fumigation begins and shall keep in his or her possession the keys or other means of unlocking the doors. 9. The exterminator shall perform tests in the vehicle or structure to determine whether the fumigation is complete. 10. During a fumigation using methyl bromide in a vehicle or structure that is movable, the exterminator shall ensure that no person moves the vehicle or structure until the airing out phase of the fumigation is complete, except any emergency personnel in an emergency and with the permission of a licensed exterminator of the Fumigation General class. 11. The exterminator shall ensure that the fumigation of ships and of mobile units carried by ships complies with the Canada Shipping Act, 2001 and the Cargo, Fumigation and Tackle Regulations (Canada).  O. Reg. 63/09, s. 63 (2). (3) If a fumigation is performed in which phosphine is used in a truck, trailer or rail car that is in motion while the phosphine is active, (a) despite subsection (2), an exterminator is not required to accompany the truck, trailer or rail car while it is in motion; and (b) instead of keeping the keys or other means of unlocking the doors in his or her possession as required in paragraph 8 of subsection (2), the exterminator shall ensure that they are not accessible to anyone other than persons who are assisting in the fumigation or involved in operating the truck, trailer or rail car.  O. Reg. 63/09, s. 63 (3).