Exemptions, persons planting treated seeds
 45.1 (1) Subject to subsection (2), a person is exempt from subsection 5 (1) of the Act with respect to the performance of an extermination by means of a Class E pesticide for the purposes of an agricultural operation if, (a) the person, (i) is at least 16 years of age, (ii) has successfully completed a course described in subsection (6), and (iii) has been issued a document by the body that provided the course referred to in subclause (ii), confirming the person’s successful completion of the course; or (b) the person meets the conditions set out in subsection (4) with respect to a supervisee and is supervised by a person referred to in clause (a). O. Reg. 139/15, s. 19 (2); O. Reg. 134/20, s. 15 (1, 2). (2) Subsection (1) does not apply to a person unless the person is performing the extermination on a farm property that is identified in a pest risk assessment report referred to in subsection 98.3 (2) that was provided to the treated seed sales representative, vendor or custom seed treater in respect of the Class E pesticide. O. Reg. 134/20, s. 15 (3, 4). (3) A person referred to in clause (1) (a) who performs an extermination by means of a Class E pesticide or who supervises a person referred to in clause (1) (b) who performs an extermination by means of a Class E pesticide shall, (a) carry or have readily available at the extermination site, (i) a copy of the document issued by the body that provided the course described in subsection (6), confirming the person’s successful completion of the course, (ii) a copy of a pest risk assessment report referred to in  subsection (2); and (iii) if the extermination is performed using a Class E pesticide treated by a custom seed treater, a copy of the written confirmation referred to in paragraph 2 of section 45.2; and (b) prepare a record of each extermination as described in subsection (8). O. Reg. 139/15, s. 19 (2); O. Reg. 134/20, s. 15 (5-7). (4) The conditions referred to in clause (1) (b) with respect to a supervisee are the following: 1. The supervisee must not select the pesticide, the application area or the application rate of the pesticide. 2. The supervisee must have received instructions respecting the extermination that include the following: i. The location of each application area in or on which the Class E pesticide is to be used at the farm property. ii. The application rate of each Class E pesticide to be used in the extermination. iii. The directions referred to in subsection 9.1 (3) with respect to the use of each Class E pesticide to be used in the extermination and instructions to comply with those directions. O. Reg. 139/15, s. 19 (2); O. Reg. 134/20, s. 15 (8, 9). (5) If a person referred to in clause (1) (a) acts as a supervisor for the purposes of clause (1) (b), the person, (a) shall provide the supervisee with instructions for the proper use of the Class E pesticide, including the information referred to in paragraph 2 of subsection (4), and ensure that the instructions are readily available at the extermination site; (b) shall be present at the extermination site or available for immediate response through an effective communication system and be able to attend at the extermination site to respond to an emergency situation within a period of time that is reasonable in the circumstances; (c)  Revoked: O. Reg. 134/20, s. 12. (d) shall ensure that the supervisee complies with the conditions set out in subsection (4); and (e) shall ensure that the requirements and directions set out in subsection 9.1 (3) have been met with respect to the use of Class E pesticides. O. Reg. 139/15, s. 19 (2); O. Reg. 134/20, s. 15 (10-14). (6) The course referred to in subclause (1) (a) (ii) must be a course approved by the Director that relates to the handling and use of Class E pesticides and that provides training and instruction on the following matters: 1. The importance of pollinators in the ecosystem. 2. The protection of pollinators from pesticide exposure. 3. The employment of integrated pest management practices, including: i. The identification of corn and soybean pests, particularly each pest referred to in the Pest Risk Assessment Guideline. ii. The methods to use to ascertain the presence of a pest, particularly the methods referred to in the Pest Risk Assessment Guideline. iii. The use of pest management options other than the use of pesticides. iv. The use of pesticides in a targeted, as opposed to prophylactic, manner. 4. The requirements set out in this Regulation with respect to the use, sale or transfer of Class E pesticides. 5. The record-keeping requirements set out in this Regulation with respect to Class E pesticides. 6. Best management practices relating to the use of Class E pesticides. O. Reg. 139/15, s. 19 (2); O. Reg. 134/20, s. 15 (15, 16). (7) Revoked: O. Reg. 134/20, s. 15 (17). (8) A record of extermination referred to in clause (3) (b) shall include the following information: 1. The date of the extermination. 2. The location of the farm property at which the extermination was performed, identified by one of the following: i. The municipal address of the farm property including, where applicable, the street number or other assigned property address number, street name, street direction, unit number, rural route number, town or city and postal code. ii. If there is no municipal address, the legal description of the farm property including, where applicable, every assessment roll number or property identifier number that relates to the farm property. 3. A sketch of the farm property at which the extermination was performed showing the following: i. The location and acreage of the farm property. ii. The location and acreage of each application area in or on which the Class E pesticide was used at the farm property. iii.  Revoked: O. Reg. 134/20, s. 15 (19). 4. The amount, in kilograms, of each Class E pesticide used in the extermination. 5. The name of the Class E pesticide used in the extermination or the name of the custom seed treater who treated the Class E pesticide used in the extermination. 6. The name of the person who performed the extermination. 7. If the extermination was performed by a person exempt under clause (1) (a), the number of the document issued to the person by the body that provided the course described in subsection (6), confirming the person’s successful completion of the course. 8. If the extermination was performed by a person who was supervised, the name of the supervisor and the number of the document issued to the supervisor by the body that provided the course described in subsection (6), confirming the supervisor’s successful completion of the course. O. Reg. 139/15, s. 19 (2); O. Reg. 134/20, s. 15 (18-23). (9) Every person who performs an extermination or who supervises a person who performs an extermination shall, (a) keep a copy of each record prepared under clause (3) (b) for a period of at least two years after it is prepared; (b)  Revoked: O. Reg. 134/20, s. 15 (24). (c) keep a copy of each pest risk assessment report referred to in paragraph 2 of subsection 98.3 (2) and each written declaration referred to in paragraph 3 of subsection 98.3 (2) that relates to the extermination for a period of at least two years after the extermination is complete; and (d) keep a copy of each record or document required to be kept under clauses 45.1 (2) (c) and (d), as they read on August 30, 2016, for the duration of the period required under that subsection. O. Reg. 139/15, s. 19 (2); O. Reg. 134/20, s. 15 (24-26).