jswizzle3737/ontario_laws_and_regs huggingface dataset:
Supervision
 48. (1) For the purposes of this Regulation, if a person who is required to hold an exterminator’s licence with respect to an extermination is required to supervise an exterminator, a technician or a trainee for the purposes of the extermination, the supervising exterminator shall, (a) provide direction and support with respect to the supervisee’s performance of and assistance in exterminations; (b) ensure that the supervisee carries out his or her work safely and in accordance with the Act and this Regulation; (c) ensure that the supervisee receives any necessary training relating to the specific work that he or she will be performing; (d) prepare a record respecting the training mentioned in clause (c); (e) if the supervising exterminator is not the supervisee’s employer, give a copy of the record mentioned in clause (d) to the employer; (f) if the supervision is with respect to a land extermination, (i) ensure that the public notice required by this Regulation is provided, and (ii) ensure that the supervisee does not perform the extermination unless the public notice mentioned in subclause (i) has been provided; (g) if the supervisee is a licensed exterminator or a technician, (i) visit the supervisee at an extermination site at least once in each week that the supervisee performs an extermination to observe the performance of an extermination, (ii) ensure that the supervisee complies with the conditions set out in paragraphs 1 and 2 of Column 2 in Item 1 of the Table to section 46, and (iii) on each visit to the extermination site, enter the supervising exterminator’s licence number, signature and the date on the written instructions mentioned in paragraph 2 of Column 2 in Item 1 of the Table to section 46; and (h) if the supervisee is a trainee, be present at the extermination site at all times when the trainee is performing an extermination or assisting in the performance of an extermination.  O. Reg. 63/09, s. 48 (1). (2) The employer of a supervisee shall keep the record mentioned in clause (1) (d) for a period of at least two years after the supervisee leaves the employer’s employment.  O. Reg. 63/09, s. 48 (2). (3) Subject to subsection (4), an exterminator shall not supervise at the same time a total of more than three technicians or trainees working at one or more extermination sites.  O. Reg. 63/09, s. 48 (3). (4) Subsection (3) does not apply if, (a) the exterminator is training a group of technicians or trainees who are working at one or more extermination sites as part of their training, and none of the exterminations in which they take part is performed for payment; or (b) the exterminator is a licensed water exterminator of the Mosquito/Biting Flies class and is supervising at the same time up to seven technicians or trainees who are working at water extermination sites to control mosquito larvae and each extermination is performed pursuant to a permit issued under subsection 7 (2) of the Act authorizing the prevention or control of mosquito-borne disease.  O. Reg. 63/09, s. 48 (4). Exterminator’s Licence — General Requirements and Exemption
Exterminator’s Licence — General Requirements and Exemption
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General requirements
 49. (1) Revoked: O. Reg. 228/18, s. 11 (1). (2) Subject to subsection (3), a person who is required to hold an exterminator’s licence shall carry his or her licence or a copy of the licence when carrying out an activity authorized by the licence.  O. Reg. 63/09, s. 49 (2); O. Reg. 228/18, s. 11 (2). (3) When performing an extermination, a person who is required to hold an exterminator’s licence may have his or her licence or a copy of the licence readily available at the extermination site instead of carrying it.  O. Reg. 63/09, s. 49 (3); O. Reg. 228/18, s. 11 (3). (4) No person shall offer to perform an extermination unless the person is authorized to perform the extermination.  O. Reg. 63/09, s. 49 (4).
Employment and supervision, general
 50. (1) This section applies to a person who is required to hold an exterminator’s licence for an extermination and who, (a) performs the extermination; or (b) is responsible for the performance of the extermination.  O. Reg. 63/09, s. 50 (1). (2) A person mentioned in subsection (1) shall not employ a person to perform an extermination to which subsection 5 (1) of the Act applies or to assist in performing an extermination to which subsection 5 (1) of the Act applies unless the person is a licensed exterminator whose licence authorizes the performance of the extermination or a person mentioned in Column 1 of the Table to section 46.  O. Reg. 63/09, s. 50 (2). (3) A person mentioned in subsection (1) may employ persons other than a licensed exterminator whose licence authorizes the performance of the extermination or a person mentioned in Column 1 of the Table to section 46 to do work in connection with an extermination mentioned in subsection (1) but the person mentioned in subsection (1) shall ensure that the employed persons, (a) do not perform the extermination or assist in the performance of the extermination; (b) do not handle any pesticide unless it is in a sealed container; (c) do not handle any empty plastic, glass or metal container that has been used to hold a Class B or C pesticide unless the container has been rinsed in accordance with subsection 105 (1); (d) do not do anything that is detrimental to the performance of an extermination, to public safety or to the environment; and (e) do not suffer any harm as a result of exposure to a pesticide or the performance of an extermination.  O. Reg. 63/09, s. 50 (3); O. Reg. 134/20, s. 19. (4) For every three or fewer technicians or trainees working at one or more extermination sites, a person mentioned in subsection (1) shall employ at least one licensed exterminator whose licence authorizes the performance of the exterminations.  O. Reg. 63/09, s. 50 (4). (5) Despite subsection (4), if a person mentioned in subsection (1) employs a licensed water exterminator of the Mosquito/Biting Flies class in the circumstances mentioned in clause 48 (4) (b), the person mentioned in subsection (1) shall employ at least one licensed exterminator of that class for every seven or fewer technicians or trainees.  O. Reg. 63/09, s. 50 (5). (6) A person mentioned in subsection (1) shall ensure that every person mentioned in Column 1 of the Table to section 46 employed by a person mentioned in subsection (1) with respect to an extermination is supervised in accordance with section 48 by a licensed exterminator whose licence authorizes the performance of the extermination.  O. Reg. 63/09, s. 50 (6); O. Reg. 279/09, s. 5.
Exemption, specified Class D pesticides
 51. A person is exempt from subsection 5 (1) of the Act with respect to the performance of an extermination if he or she performs the extermination by means of, (a) a Class D pesticide that is, (i) a tree wound dressing, (ii) a wood preservative, (iii) an insecticide bait that is enclosed by the manufacturer in a plastic or metal container that has been made in a way that prevents or minimizes access to the bait by humans and pets, or (iv) an injection into trees, stumps or wooden poles; or (b) if the extermination is a structural extermination, a Class D pesticide with a label that indicates that it contains no active ingredient other than a soap or a mineral oil or silicon dioxide, also called diatomaceous earth. O. Reg. 63/09, s. 51; O. Reg. 134/20, s. 20. Structural Exterminations
Structural Exterminations
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Deemed structural extermination
 52. A land extermination that is performed by means of a fumigant gas or a mixture of methyl bromide and chloropicrin is deemed to be a structural extermination for the purposes of the Act and this Regulation.  O. Reg. 63/09, s. 52.
Authorization to perform structural extermination
 53. Subject to section 9,  (a) a structural exterminator’s licence of a class set out in the Table to this section authorizes the use of the pesticides set out opposite the class in Column 2 of the Table; and (b) the conditions for use set out in Column 3 of the Table opposite a class of licence are prescribed as conditions for use of the pesticides. Table Item   Column 1   Class of licence   Column 2   Pesticides authorized for use under the licence   Column 3   Conditions for use 

  1.   Fumigation Commodity   1. Aluminum phosphide.   2. Magnesium phosphide.   3. Phosphine.    4. A mixture of carbon dioxide and any of the following: aluminum phosphide, magnesium phosphide, or phosphine.   5. Any other insecticide that is not a fumigant gas and that has a label that indicates use in the extermination of pests associated with the commodity being fumigated.   6. A Class C pesticide that is a fumigant gas.   Use in a fumigation of a commodity or other structural extermination of pests associated with a commodity, if the commodity is enclosed in a container including a shipping container, silo, bin, vehicle or vault or under a covering that suppresses the release of gas. 

  2.   Fumigation General   1. Fumigant gases.   2. Chloropicrin.   Use in any fumigation. 

  3.   Fumigation Soil   1. Fumigant gases.   2. Chloropicrin.   Use in any of the following:   1. A fumigation of soil inside a building, with gas enclosed under a covering that suppresses the release of gas.   2. A fumigation of soil that is not inside a building, with gas enclosed under a covering that suppresses the release of gas.   3. A land extermination mentioned in subsection 71 (3).   No use in fumigation of rodent burrows. 

  4.   Fumigation Vault   1. Methyl bromide.   2. Ethylene oxide.   3. Carbon dioxide.   Use in a fumigation in a vault. 

  5.   Greenhouse/Interior Plant   All pesticides, including fumigants and suspensions in air, except for the following:   1. Fumigant gases.    2. Chloropicrin.   3. Termiticides.   Use in a structural extermination to control pests of plants growing inside greenhouses and other buildings or structures, including use in areas on or immediately surrounding greenhouses, buildings or structures. 

  6.   Structural   All pesticides, including fumigants and suspensions in air, except for the following:    1. Class B pesticides that are fumigant gases.   2. Chloropicrin.   3. Termiticides.   4. Herbicides.   Use in any structural extermination, except for an extermination to control pests of plants.   Use in a land extermination mentioned in subsection 71 (1). 

  7.   Termite   All termiticides, including fumigants and suspensions in air, except for the following:    1. Fumigant gases.    2. Chloropicrin.   Use in a structural extermination to prevent or control termites. O. Reg. 63/09, s. 53; O. Reg. 134/20, s. 21.
Exemption, Class D pesticides
 54. (1) Subject to subsection (2), a person is exempt from subsection 5 (1) of the Act with respect to the performance of a structural extermination if, (a) the person performs the extermination on premises that he or she owns or occupies or on premises owned or occupied by his or her full-time employer; and (b) the extermination is performed by means of a Class D pesticide.  O. Reg. 63/09, s. 54 (1); O. Reg. 134/20, s. 22. (2) Subsection (1) applies in respect of an extermination of a rental unit within the meaning of the Residential Tenancies Act, 2006 only if the person who occupies the premises performs the extermination.  O. Reg. 63/09, s. 54 (2).
Exemptions, bees
 55. (1) An inspector under the Bees Act is exempt from subsection 5 (1) of the Act with respect to the performance of a structural extermination if he or she, (a) performs the extermination under the authority of the
Bees Act for the purpose of destroying bees; (b) performs the extermination by means of a Class B, C or D pesticide; and (c) holds a permit issued by the Director with respect to the extermination, if the extermination is performed by means of a Class B pesticide that is a fumigant gas.  O. Reg. 63/09, s. 55 (1); O. Reg. 134/20, s. 23 (1, 2). (2) A person is exempt from subsection 5 (1) of the Act with respect to the performance of a structural extermination if he or she, (a) has been issued a certificate of registration by the Provincial Apiarist under the Bees Act; (b) performs the extermination for the purpose of exterminating pests of bees; and (c) performs the extermination by means of a Class B, C or D pesticide that is not a fumigant gas. O. Reg. 63/09, s. 55 (2); O. Reg. 134/20, s. 23 (3).
Exemption, land exterminator of Agriculture class
 56. (1) A licensed land exterminator of the Agriculture class is exempt from subsection 5 (1) of the Act with respect to the performance of a structural extermination if, (a) the person performs the extermination on pests of farm animals in a structure used for the purposes of an agricultural operation, other than a building used primarily as a dwelling; or (b) subject to subsection (2), the person performs the extermination in groundhog burrows in the ground by means of a fumigant gas with a label that indicates that it contains aluminum phosphide for the purpose of controlling groundhogs.  O. Reg. 63/09, s. 56 (1); O. Reg. 134/20, s. 24 (1). (2) An exterminator who performs an extermination mentioned in clause (1) (b) shall ensure that, (a) the groundhog burrows do not open into a building; (b) all groundhog burrow entrances are at least 30 metres from a building; and (c) the exterminator and every other person present have adequate respiratory protection during the introduction of the fumigant gas.  O. Reg. 63/09, s. 56 (2); O. Reg. 134/20, s. 24 (2).
Exemption, land exterminator of Industrial Vegetation class
 57. A licensed land exterminator of the Industrial Vegetation class is exempt from subsection 5 (1) of the Act with respect to the performance of a structural extermination if the extermination takes place in a sewer.  O. Reg. 63/09, s. 57.
Permits
 58. (1) Subject to subsection (3), a Class B pesticide that is a fumigant gas is prescribed for the purposes of subsection 7 (1) of the Act if the pesticide is used in any of the following types of fumigations: 1. A fumigation of a building or a portion of a building, as described in subsection 60 (1). 2. A fumigation in a vehicle or a structure, as described in subsection 63 (1).  O. Reg. 63/09, s. 58 (1); O. Reg. 134/20, s. 25 (1). (2) For greater certainty, a Class B pesticide that is a fumigant gas is prescribed for the purposes of subsection 7 (1) of the Act if the pesticide is used in a structural extermination to destroy bees. O. Reg. 134/20, s. 25 (2). (3) Subsection 7 (1) of the Act does not apply with respect to a fumigation mentioned in paragraph 2 of subsection (1) if the extermination is performed by a licensed exterminator of the Fumigation Commodity or Fumigation General class and the licensee complies with sections 59 and 63. O. Reg. 134/20, s. 25 (2). (4) Sections 59 and 63 do not apply to the holder of a permit who is performing a fumigation mentioned in paragraph 2 of subsection (1) that is authorized by the permit, except to the extent the Director imposes one or more of the requirements set out in those sections as a condition of the permit. O. Reg. 134/20, s. 25 (2).
Fumigations, general requirements
 59. (1) A person who is required by this Regulation to have adequate respiratory protection shall have adequate respiratory protection on his or her person and shall use the protection at the times or in the circumstances required by the label of the pesticide being used.  O. Reg. 63/09, s. 59 (1). (2) If tests are required to be performed under this Regulation to determine whether the airing out phase of a fumigation is complete, the tests shall be performed using appropriate gas monitoring equipment or systems that have the ability to detect and measure the gas produced by the pesticide used, with the accuracy appropriate to the concentrations set out in subsection (4).  O. Reg. 63/09, s. 59 (2). (3) For the purposes of this Regulation, a fumigation is not complete until the airing out phase of the fumigation is complete in accordance with subsection (4).  O. Reg. 63/09, s. 59 (3). (4) The airing out phase of a fumigation is not complete until, throughout the building, vault, vehicle or structure in which the fumigation was performed, the concentration of the gas produced by the pesticide used is at or below, (a) the concentration specified on the pesticide’s label; and (b) the concentration specified for the pesticide in Column 2 or 3 of the Table to this section, whichever is appropriate for the measuring device being used.  O. Reg. 63/09, s. 59 (4). TABLE Item   Column 1   Gas Produced by Pesticide   Column 2   Concentration (mg/m3)   Column 3   Concentration (ppm by volume) 

  1.   Phosphine gas   0.40   0.30 

  2.   Carbon dioxide   9,000   5,000 

  3.   Chloropicrin   0.67   0.10 

  4.   Sulfuryl fluoride   4.2   1.00 

  5.   Ethylene oxide   1.80   1.00 

  6.   Methyl bromide   12.00   3.00 O. Reg. 63/09, s. 59, Table.
Fumigations of rodent burrows
 64. If an exterminator performs a fumigation of rodent burrows in the ground by means of a fumigant gas, he or she shall ensure that, (a) the burrows do not open into a building; (b) all rat burrow entrances are at least five metres from a building; (c) all groundhog burrow entrances are at least 30 metres from a building; and (d) the exterminator and every other person present have adequate respiratory protection during the introduction of the fumigant gas.  O. Reg. 63/09, s. 64; O. Reg. 134/20, s. 30.
Outdoor fumigations of soil
 65. (1) This section applies to a fumigation if, (a) the fumigation is performed by means of a fumigant gas or chloropicrin; and (b) the fumigation is a fumigation of soil that is not inside a building. (c)  Revoked: O. Reg. 134/20, s. 31 (1). O. Reg. 63/09, s. 65 (1); O. Reg. 134/20, s. 31 (1). (2) If an exterminator performs a fumigation mentioned in subsection (1), (0.a) the exterminator shall ensure that the fumigant gas or chloropicrin used in the fumigation is enclosed during the fumigation under a covering that suppresses the release of gas; (a) the exterminator shall ensure that the soil is located at a sufficient distance from any other building, structure or area where humans may be exposed to the fumigant gas or chloropicrin, to prevent adverse effects; (b) the exterminator shall monitor the air in the area covered by the distance mentioned in clause (a) to ensure that at all times during the fumigation, the concentration of the gas produced by the pesticide within that area is at or below the concentration specified in Column 2 or 3 of the Table to section 59; (c) 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 clause (a) and shall keep the record for at least two years after the fumigation is complete; and (d) the exterminator and every other person present during the fumigation shall have adequate respiratory protection.  O. Reg. 63/09, s. 65 (2); O. Reg. 134/20, s. 31 (2). (3) This section applies, with necessary modifications, to a land extermination that is performed by means of chloropicrin. O. Reg. 134/20, s. 31 (3).
Structural exterminations, 4-amino-pyridine, strychnine or zinc phosphide
 66. (1) If a pesticide with a label that indicates that it contains 4-amino-pyridine, strychnine or zinc phosphide is used in a structural extermination, the exterminator shall, (a) place the pesticide so that it is inaccessible to humans and to animals that are not targeted by the extermination; (b) use the pesticide so that it is unlikely to come into contact with food or drink intended for consumption by humans or animals; (c)  Revoked: O. Reg. 134/20, s. 32 (2). (d) dispose of any exterminated animals on a daily basis in a manner that will prevent contact with humans or other animals; and (e) when the extermination is complete, remove the pesticide from every location where it was placed.  O. Reg. 63/09, s. 66; O. Reg. 134/20, s. 32 (1, 2). (2) A person who performs a structural extermination using a pesticide with a label that indicates that it contains 4-amino-pyridine, strychnine or zinc phosphide shall, (a) prepare a record, during the extermination, of each location where the pesticide is placed and keep the record for at least two years after the extermination is complete; (b) if the structural extermination is performed for an operator, give a copy of the record mentioned in clause (a) to the operator after the extermination is complete; and (c) if the Director requests a copy of the record mentioned in clause (a) during the two years following the completion of the extermination, give it to the Director as soon as practicable. O. Reg. 134/20, s. 32 (3). (3) An operator shall, (a) keep a copy of a record given under clause (2) (b) for at least two years after the extermination is complete; and (b) if the Director requests a copy of the record mentioned in clause (a) during the two years following the completion of the extermination, give it to the Director as soon as practicable. O. Reg. 134/20, s. 32 (3).
Structural exterminations, specified suspensions in air or fumigants
 67. (1) This section applies to a structural extermination performed by means of, (a) a Class B fumigant that is not a fumigant gas; (b) a Class B suspension in air; (c) a Class C suspension in air with a label that indicates entrances to the area where the extermination is to be performed are to be locked, barricaded or posted with signs; or (d) a Class C fumigant with a label that indicates entrances to the area where the extermination is to be performed are to be locked, barricaded or posted with signs. O. Reg. 134/20, s. 33 (1). (2) Unless a person who performs an extermination mentioned in subsection (1) is exempt under section 43, the person shall, (a) be a licensed structural exterminator of the Fumigation Commodity, Greenhouse/Interior Plant, Structural or Termite class who is authorized to perform the extermination; and (b) ensure that another licensed exterminator whose licence authorizes the performance of the extermination is present during the extermination.  O. Reg. 63/09, s. 67 (2); O. Reg. 228/18, s. 12; O. Reg. 134/20, s. 33 (2, 3). (3) A person who performs an extermination mentioned in subsection (1) shall, (a) before introduction of the pesticide, (i) lock, from the outside, all doors leading into the building in which the extermination is to be performed, except for the door that the person who performs the extermination will use for access, (ii) post Sign B, referred to in the Table to subsection 1 (5), on the outside of all doors leading into the building, and (iii) ensure that the building is vacant of humans and animals, other than the pests being exterminated; and (b) after introduction of the pesticide, (i) leave the building and lock the remaining unlocked door, (ii) ensure that no person other than emergency personnel or a person authorized under this section to be present during the extermination enters the building until the building is free of the suspension in air or fumigant, and (iii) ensure that a person mentioned in subclause (ii) who enters the building in which the extermination is being performed, or any building physically attached to that building, uses adequate respiratory protection and is accompanied by at least one other person mentioned in subclause (ii) who also uses adequate respiratory protection. O. Reg. 134/20, s. 33 (4). (4)-(6) Revoked: O. Reg. 134/20, s. 33 (4).
Signs, requirement to post
 67.1 Section 74 applies to a person who performs a structural extermination that involves the use of a pesticide in, on or over land for the purposes of destroying, preventing or controlling arthropods that bite, sting, are venomous or carry disease, unless the area where the extermination is to be performed is less than one square metre or does not extend more than one metre from the structure. O. Reg. 134/20, s. 34. Land Exterminations
Land Exterminations
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Deemed land extermination
 67.2 A structural extermination is deemed to be a land extermination for the purposes of the Act and this Regulation if, (a) the extermination is performed to destroy, prevent or control plants in order to prevent damage to the structural integrity of a building or other structure that is not part of a public work; and (b) the potential damage caused to the building or structure by the plants would place the health or safety of a person at risk. O. Reg. 134/20, s. 35.
Authorization to perform land extermination
 68.  (1) Subject to subsection 7.1 (1) of the Act and section 9 of this Regulation, (a) a land exterminator’s licence of a class set out in the Table to this section authorizes the use of the pesticides set out opposite the class in Column 2 of the Table; and (b) the conditions for use set out in Column 3 of the Table opposite a class of licence are prescribed as conditions for use of the pesticides. Table Item   Column 1   Class of licence   Column 2   Pesticides authorized for use under the licence   Column 3   Conditions for use 

  1.   Aerial   Any pesticide that may be used by an aerial application according to the directions on the pesticide’s label.   Use in a land extermination performed by aerial application.   Use in a water extermination mentioned in section 85. 

  2.   Agriculture   Any pesticide that is not a fumigant gas, other than a fumigant gas with a label that indicates that it contains aluminum phosphide.   Use in a land extermination for the purposes of an agricultural operation.    Use in a structural extermination mentioned in section 56. 

  3.   Industrial Vegetation   All herbicides, insecticides and fungicides, except for fumigant gases.     Use in a land extermination to control vegetation if the extermination is performed for the benefit of a public work or to allow access to the public work.   Use in a structural extermination mentioned in section 57.   Use in a land extermination described in section 67.2.   Use in a land extermination for the purpose of maintaining rights of way or easements that are not related to a public work.   Use of insecticides and fungicides on inground wooden poles only. 

  4.   Forestry   All pesticides, except for fumigant gases.   Use in a land extermination performed for the purposes of forestry. 

  5.   Landscape   All pesticides, except for fumigant gases.   Use in a land extermination to maintain ornamental plants intended for sale.   Use in a land extermination on residential, recreational, commercial or public land for one of the following uses:   1. Use to maintain turf or ornamental plantings.   2. Use on the outside of buildings or structures for the purpose of exterminating pests directly associated with turf or ornamental plantings.   3. Use for the purpose of maintaining treed areas not exceeding one hectare in size.   4. Use for the purpose of maintaining rights of way or easements that are not related to a public work.   5. Use for the destruction, prevention or control of vegetation, as authorized under section 23, 28 or 29. O. Reg. 63/09, s. 68; O. Reg. 279/09, s. 6; O. Reg. 134/20, s. 36. (2) Despite subsection (1), a land exterminator’s licence shall not authorize the use of a Class E pesticide. O. Reg. 139/15, s. 21; O. Reg. 134/20, s. 37.
Exemption, animal repellent
 69. (1) A person is exempt from subsection 5 (1) of the Act with respect to the performance of a land extermination if the person performs the extermination for personal protection by means of a Class B or D pesticide that is labelled for use as an animal repellent.  O. Reg. 63/09, s. 69; O. Reg. 134/20, s. 38 (1). (2) Subsection (1) does not apply to a Class B pesticide with a label that indicates that it contains an active ingredient other than capsaicin or capsaicin and related capsaicinoids. O. Reg. 134/20, s. 38 (2).
Exemption, specified premises
 70. A person is exempt from subsection 5 (1) of the Act with respect to the performance of a land extermination if the person performs the extermination by means of a Class D pesticide, (a) on premises that he or she owns or occupies; or (b) on premises that are owned or occupied by the person’s full-time employer.  O. Reg. 63/09, s. 70; O. Reg. 134/20, s. 39.
Exemptions, structural and water exterminators
 71. (1) A licensed structural exterminator of the Structural class is exempt from subsection 5 (1) of the Act with respect to the performance of a land extermination if, (a) he or she performs the extermination on pests of
farm animals for the purposes of an agricultural operation; (b) he or she exterminates pests that are mammals, birds or arthropods and that are on or near a waste disposal site within the meaning of the Environmental Protection Act; or (c) he or she exterminates pests that are animals that bite, sting, are venomous or carry disease. O. Reg. 63/09, s. 71 (1); O. Reg. 134/20, s. 40 (1). (2) A licensed water exterminator of the Mosquito/Biting Flies class is exempt from subsection 5 (1) of the Act with respect to the performance of a land extermination if he or she performs the extermination of an arthropod in its terrestrial life stage that bites, stings, is venomous or carries disease.  O. Reg. 63/09, s. 71 (2); O. Reg. 134/20, s. 40 (2). (3) A licensed structural exterminator of the Fumigation Soil class is exempt from subsection 5 (1) of the Act with respect to the performance of a land extermination if, (a) he or she performs the extermination in soil; and (b) only a pesticide that is a fumigant is used for the extermination. O. Reg. 134/20, s. 40 (3).
Permits
 72. (1) A pesticide used in a land extermination is prescribed for the purposes of subsection 7 (1) of the Act in any of the following circumstances: 1. The pesticide is a Class B or C pesticide with a label that indicates that it contains picloram. 2. Subject to subsection (2), the pesticide is a Class B pesticide and the extermination is performed by aerial application. 3. The pesticide is a Class C pesticide and the extermination is performed by aerial application in connection with the management of a Crown forest. O. Reg. 134/20, s. 41. (2) Paragraph 2 of subsection (1) does not apply with respect to an extermination performed using Bacillus thuringiensis subspecies kurstaki for the purpose of maintaining a tree canopy, unless the extermination is performed in connection with the management of a Crown forest. O. Reg. 134/20, s. 41.
Aerial application, land
 73. (1) No person shall perform a land extermination by aerial application unless the person is a licensed land exterminator of the Aerial class.  O. Reg. 63/09, s. 73 (1). (2) A person who performs a land extermination by aerial application using a Class B or C pesticide shall ensure that, (a) the pesticide is not in a dust formulation; and (b) if an airplane, helicopter or other vehicle that requires a pilot is used, the pilot does not assist in any preparation of a pesticide used in the aerial application or otherwise expose himself or herself to contact with pesticides.  O. Reg. 63/09, s. 73 (2); O. Reg. 134/20, s. 42. (3) A person who performs a land extermination by aerial application shall, (a) prepare a record, in a form approved by the Director, of each land extermination he or she has performed by aerial application, and keep the record for a period of at least two years after the extermination is complete; (b) if the land extermination is performed for an operator, give a copy of the record mentioned in clause (a) to the operator after the extermination is complete; and (c) on the request of the Director during the two years after the extermination is complete, give a copy of the record mentioned in clause (a) to the Director as soon as practicable.  O. Reg. 63/09, s. 73 (3). (4) An operator shall keep a copy of a record given under clause (3) (b) for at least two years after the extermination is complete and, on the request of the Director during that two-year period, shall give a copy of the record to the Director as soon as practicable.  O. Reg. 63/09, s. 73 (4).
Signs, general rules
 75. (1) A person who performs a land extermination for which a sign referred to in subsection 74 (1) is required to be posted shall ensure that the following requirements are met: 1. The sign shall be made of rain resistant material and shall be sturdy enough that it can be read at all times and reused. 2. If the words “date posted” are required to appear on the sign, the date on which the sign is posted shall be on the sign when it is posted. 3. The date the land extermination begins shall be added to the sign immediately before the extermination begins and next to the words “date applied”. 4. In addition to the information required to appear on the front of the sign under this Regulation, the front of the sign may bear only words and markings that identify the employer of the person performing the land extermination or the owner or occupier of the application area and that do not detract from the required information. 5. In addition to the information required to appear on the back of the sign under this Regulation, the back of the sign may bear only, i. words and markings that identify the employer of the person performing the land extermination or the owner or occupier of the application area and that do not detract from the required information, and ii. other words and markings that are approved in writing by the Director. 6. If words and markings permitted under paragraph 4 or 5 appear on a sign, they shall occupy, i. a maximum of 2.5 centimetres at the bottom of Sign C or Sign D, and ii. a maximum of 5 centimetres at the bottom of Sign E or Sign F. 7. If a telephone number that is required to appear on the sign is a number to which long distance rates apply from telephones located near the application area, all collect calls must be accepted at that number. 8. Subject to subsection (3), the sign shall not be posted on, i. trees, fences or buildings, or ii. signboards that have other signs posted.  O. Reg. 63/09, s. 75 (1). (2) Despite subsection 1 (5), if Sign E or Sign F is required to be posted immediately before the land extermination begins, it is not required to bear the words “date posted” and the date the sign is posted.  O. Reg. 63/09, s. 75 (2). (3) A person intending to perform a land extermination may post a sign referred to in subsection 74 (1) on a structure mentioned in paragraph 8 of subsection (1) if the Director is satisfied that, in the circumstances, it would allow for public notice to be better provided.  O. Reg. 63/09, s. 75 (3). (4) Revoked: O. Reg. 228/18, s. 13. (5) If the Director is satisfied that, in the circumstances, public notice would be better provided, the Director may allow a person who intends to perform a land extermination to post a sign that has different dimensions or that bears different information from the dimensions and information required by this Regulation.  O. Reg. 63/09, s. 75 (5).
Posting of signs, general
 76. A person who performs a land extermination for which a sign referred to in subsection 74 (1) is required to be posted shall ensure that, (a) at least one of the required signs is posted; and (b) if only one sign is posted, that sign is posted at an ordinary point of access to the application area.  O. Reg. 63/09, s. 76.
Posting of residential area signs
 77. (1) If Sign C or Sign D is required to be posted, the person who performs the land extermination shall ensure that the required signs are posted conspicuously at least every 100 metres along the following parts of the perimeter of the application area: 1. The parts that are within 100 metres of a dwelling unit, other than a dwelling unit that is within the application area. 2. The parts that are adjacent to a highway or other area to which the public is ordinarily admitted.  O. Reg. 63/09, s. 77 (1). (2) For the purposes of subsection (1), a sign is posted along the perimeter if it is posted within 10 metres of the perimeter.  O. Reg. 63/09, s. 77 (2). (3) If Sign C or Sign D is required to be posted, the person who performs the land extermination shall ensure that the required signs are posted immediately before the extermination begins.  O. Reg. 63/09, s. 77 (3).
Written notice
 80. (1) A person referred to in section 78 or 79 who is required to provide a written notice or to publish a notice in a newspaper shall include the following in the notice: 1. The date on which or range of dates during which the extermination is to take place. 2. A description of the application area. 3. The name of the pest to be exterminated. 4. The name of the Class B, C or D pesticide to be used and the registration number assigned to it under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada). 5. The active ingredients contained in the Class B, C or D pesticide to be used. 6. The telephone number of a representative of the person using the pesticide who can provide more information about it. 7. If the pesticide is being used with respect to an exception under subsection 7.1 (2) of the Act, a description of the exception. O. Reg. 134/20, s. 46 (1). (2) If a telephone number that is required to appear on a notice is a number to which long distance rates apply from telephones located near the application area, the person who performs the extermination shall ensure that all collect calls are accepted at that number.  O. Reg. 63/09, s. 80 (2). (3) If a range of dates is provided for the purpose of paragraph 1 of subsection (1), the person mentioned in paragraph 6 of subsection (1) must be able to provide, at least 24 hours before the extermination, the actual date on which the extermination is to take place. O. Reg. 134/20, s. 46 (2).
Signs, removal
 81. (1) No person shall remove a sign referred to in subsection 74 (1) before 48 hours have elapsed following the completion of the land extermination for which the sign was required.  O. Reg. 63/09, s. 81 (1). (2) A person who performs a land extermination for which the posting of a sign is required shall ensure that a sign referred to in subsection 74 (1) that has been posted is removed, (a) not more than 10 days after the day on which the extermination is complete; or (b) by a later day agreed to by the Director in writing but not exceeding 30 days after the day on which the extermination is complete if, in the Director’s opinion, the sign cannot be removed earlier without undue expense to the person who performed the extermination.  O. Reg. 63/09, s. 81 (2). (3) Subject to subsection (4), the person who performs a land extermination for which the posting of a sign referred to in subsection 74 (1) is required shall advise in writing the owner or occupier of the application area, or the person responsible for the application area who caused the extermination to be performed, of the requirements in this section.  O. Reg. 63/09, s. 81 (3). (4) Subsection (3) does not apply if the person performing the land extermination is, (a) an owner or occupier of the application area or the person responsible for the application area; or (b) a full-time employee of a person mentioned in clause (a).  O. Reg. 63/09, s. 81 (4). Water Exterminations
Water Exterminations
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Authorization to perform water extermination
 82. Subject to section 9,  (a) a water exterminator’s licence of a class set out in the Table to this section authorizes the use of the pesticides set out opposite the class in Column 2 of the Table; and (b) the conditions set out in Column 3 of the Table opposite a class of licence are prescribed as conditions for use of the pesticides. Table Item   Column 1   Class of licence   Column 2   Pesticides authorized for use under the licence    Column 3   Conditions for use 

  1.   Aquatic Vegetation   Herbicides.   Use in a water extermination. 

  2.   Fish/Mollusc   Pesticides labelled for use in a water extermination of fish, sea lamprey or molluscs.   Use in a water extermination. 

  3.   Mosquito/Biting Flies   Insecticides labelled for use in an extermination of arthropods that bite, sting, are venomous or carry disease.   Use in a water extermination.   Use in a land extermination mentioned in subsection 71 (2). O. Reg. 63/09, s. 82; O. Reg. 134/20, s. 47.
Specified premises
 83. (1) This section applies to a water extermination performed on, (a) premises that are owned or occupied by the person who performs the extermination; or (b) premises that are owned or occupied by the full-time employer of the person who performs the extermination.  O. Reg. 63/09, s. 83 (1). (2) A person who performs a water extermination mentioned in subsection (1) is exempt from subsection 5 (1) of the Act with respect to the performance of an extermination if the person performs the extermination in, on or over a portion of surface water that is located within the boundaries of premises mentioned in subsection (1).  O. Reg. 63/09, s. 83 (2). (3) Unless a person performing a water extermination mentioned in subsection (1) is using a pesticide with a label that indicates that it contains diuron or acrolein, the person performing the water extermination is exempt from subsection 7 (2) of the Act with respect to the extermination if, (a) the person performs the extermination in, on or over surface water that is located wholly within the boundaries of the premises mentioned in subsection (1); and (b) no discharge of the water occurs, at any time of the year, by any means directly or indirectly, other than by percolation, into a well, lake, river, pond, spring, stream, reservoir or other water or watercourse that is located wholly or partly outside the boundaries of the premises.  O. Reg. 63/09, s. 83 (3); O. Reg. 134/20, s. 48.
Drainage ditch
 84. (1) A person is exempt from subsection 7 (2) of the Act with respect to the performance of a water extermination if, (a) the person performs the extermination for the control of plants that emerge from or float on the surface of the water in a drainage ditch; (b) at the time of the extermination, the drainage ditch contains no moving water; (c) the person uses a Class B, C or D pesticide with a label that indicates use as mentioned in clause (a); and (d) the label for the pesticide does not indicate that it contains diuron or acrolein. O. Reg. 63/09, s. 84 (1); O. Reg. 134/20, s. 49. (2) For the purposes of subsection (1), “drainage ditch” means an artificial watercourse, added to the natural land drainage system, primarily to collect and convey water and that, for some period each year, does not contain moving water.  O. Reg. 63/09, s. 84 (2).
Aerial application, water
 85. (1) A licensed land exterminator of the Aerial class is exempt from subsection 5 (1) of the Act with respect to a water extermination performed by aerial application.  O. Reg. 63/09, s. 85 (1). (2) A person who performs a water extermination by aerial application using a Class B or C pesticide shall ensure that, (a) the pesticide is not in a dust formulation; and (b) if an airplane, helicopter or similar vehicle requiring a pilot is used, the pilot does not assist in any preparation of the pesticide used in the aerial application or otherwise expose himself or herself to contact with pesticides.  O. Reg. 63/09, s. 85 (2); O. Reg. 134/20, s. 50. (3) A person who performs a water extermination by aerial application shall, (a) prepare a record, in a form approved by the Director, of each water extermination that he or she has performed by aerial application, and keep the record for a period of at least two years after the extermination is complete; (b) if the water extermination is performed for an operator, give a copy of the record mentioned in clause (a) to the operator after the extermination is complete; and (c) on the request of the Director during the two years after the extermination is complete, give a copy of the record mentioned in clause (a) to the Director as soon as practicable.  O. Reg. 63/09, s. 85 (3). (4) The operator shall keep a copy of a record given under clause (3) (b) for at least two years after the extermination is complete and, on the request of the Director during that two-year period, shall give a copy of the record to the Director as soon as practicable.  O. Reg. 63/09, s. 85 (4). Operation of Extermination Business
Operation of Extermination Business
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Authorization to operate extermination business
 86. (1) A licensed operator of the General class is authorized to operate an extermination business.  O. Reg. 63/09, s. 86 (1). (2) Revoked: O. Reg. 228/18, s. 14.
Operator, general requirements
 87. (1) A person who is required to hold an operator’s licence shall display his or her operator’s licence or a copy of the licence that is at least 8.5 by 11 inches in size in a prominent place at each location where the person carries on an extermination business.  O. Reg. 63/09, s. 87 (1); O. Reg. 228/18, s. 15 (1). (2) A person who is required to hold an operator’s licence who carries on an extermination business shall, (a) at each location, have a licensed exterminator in charge who is normally present there at least once during each business day; (b) notify the Director, using the Ministry’s electronic system, of the email address, if any, of each licensed exterminator in charge, and the class of licence and licence number held by each licensed exterminator in charge, and identify, with respect to the site of each location, (i) the municipal address of the site 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, or (ii) if there is no municipal address, the legal description of the site including, where applicable, every assessment roll number or property identifier number that relates to the site; and (c) notify the Director, using the Ministry’s electronic system, of any change in the information provided under clause (b) within 10 days after the effective date of the change. O. Reg. 63/09, s. 87 (2); O. Reg. 139/15, s. 22; O. Reg. 228/18, s. 15 (2-4).