jswizzle3737/ontario_laws_and_regs huggingface dataset:
Form of submissions
 1.1 With respect to any document that a person submits to the Director, the Minister or a provincial officer under this Regulation, (a) if the Director has approved a form in which to submit the document, the person shall submit it in that form; (b) if the Director has specified an electronic format in which to submit the document, the person shall submit it in that format; and (c) if the Director or this Regulation specifies that the document be submitted using the Ministry’s electronic system, (i) the person shall submit the document using the electronic system, (ii) if the Ministry’s electronic system is not capable of receiving a document by direct electronic transmission, the person shall submit the document by another means, or (iii) the person shall submit the document by such other means as may be specified by the Director in writing in cases where, after the Director has taken into consideration the circumstances of the person, the Director has specified an alternate means of submission by the person. O. Reg. 139/15, s. 2, O. Reg. 228/18, s. 2; O. Reg. 134/20, s. 2.
Form of records and reports
 1.2 With respect to any records or reports that a person prepares under this Regulation, (a) if the Director has approved a form in which to prepare the record or report, the person shall prepare it in that form; and (b) if the Director has specified an electronic format in which to prepare the record or report, the person shall prepare it in that format. O. Reg. 139/15, s. 2. Classification of Pesticides
Classification of Pesticides
nan
Classification of pesticides
 2. (1) A pesticide is a Class A pesticide if it is registered under the Pest Control Products Act
(Canada) and designated under that Act as a pest control product of the Manufacturing class. O. Reg. 134/20, s. 3. (2) A pesticide is a Class B pesticide if it is registered under the Pest Control Products Act (Canada) and designated under that Act as a pest control product of the Restricted class. O. Reg. 134/20, s. 3. (3) A pesticide is a Class C pesticide if it is registered under the Pest Control Products Act (Canada) and designated under that Act as a pest control product of the Commercial class. O. Reg. 134/20, s. 3. (4) A pesticide is a Class D pesticide if it is registered under the Pest Control Products Act (Canada) and designated under that Act as a pest control product of the Domestic class or if it is registered under the Fertilizers Act (Canada). O. Reg. 134/20, s. 3. (5) A pesticide is a Class E pesticide if it is a corn seed or soybean seed that is treated with a pesticide that contains imidacloprid, clothianidin or thiamethoxam. O. Reg. 134/20, s. 3. Treated Seeds
Treated Seeds
nan
General Prohibitions and Exemptions
nan
Prohibition, use of pesticides
 9. (1) Subject to sections 10, 13, 13.1, 14 and 15, no person shall use a pesticide unless it is, (a) classified under this Regulation as a Class A, B, C or D pesticide; or (b) an imported pesticide for which, (i) an equivalency certificate issued under section 39 of the Pest Control Products Regulations (Canada) is in effect, and (ii) an own-use import certificate issued under section 41 of the Pest Control Products Regulations (Canada) is in effect.  O. Reg. 63/09, s. 9 (1); O. Reg. 139/15, s. 9; O. Reg. 134/20, s. 5. (2) Subject to sections 10, 13, 13.1, 14 and 15, the provisions of this Regulation that govern the use of a pesticide referred to in clause (1) (a) also apply to an imported pesticide referred to in clause (1) (b) if the equivalency certificate for the imported pesticide states that the imported pesticide is equivalent to the pesticide referred to in clause (1) (a).  O. Reg. 63/09, s. 9 (2); O. Reg. 139/15, s. 9. (3) Subject to sections 10, 13, 13.1, 14 and 15, no person shall use a pesticide except in accordance with the label for the pesticide and this Regulation.  O. Reg. 63/09, s. 9 (3); O. Reg. 139/15, s. 9.
Use of Class E pesticides
 9.1 (1), (2) Revoked: O. Reg. 134/20, s. 6 (1). (3) No person shall use a treated seed that is a Class E pesticide except in accordance with the directions that are required to be set out on the label or tag for the treated seed that is the Class E pesticide, as described in subsection (4). O. Reg. 139/15, s. 10; O. Reg. 134/20, s. 6 (2). (4) The directions that are required to be set out on the label or tag referred to in subsection (3) are the directions that are required, with respect to the pesticide that was used to treat the seed so that it became the Class E pesticide, to be set out on the label or tag for the treated seed by the Pesticide Product Information Database, available on a website of the Government of Canada as amended from time to time. O. Reg. 139/15, s. 10; O. Reg. 134/20, s. 6 (3).
Exemption, scientific purposes
 10. (1) A person is exempt from sections 9 and 9.1 of this Regulation and from subsections 5 (1) and 7 (1) of the Act with respect to the use of a pesticide if, (a) the person uses the pesticide for the purpose of research or a test; (b) the person uses the pesticide on the premises of a research centre, university or other institution of learning, or on experimental properties used for the purpose of the research or test; and (c) the person who uses the pesticide is, (i) a person affiliated with a research centre, university or other institution of learning, (ii) a professional researcher from industry, the Government of Ontario or the Government of Canada, or (iii) a person under the supervision or authority of a person mentioned in subclause (ii). O. Reg. 63/09, s. 10 (1); O. Reg. 139/15, s. 11. (2) A person who uses a pesticide for the purpose of research or a test who does not meet the requirements mentioned in clauses (1) (b) and (c) is exempt from section 9 of this Regulation and from subsections 5 (1) and 7 (1) of the Act with respect to the extermination if written approval to use the pesticide is obtained from the Director at least seven days before the use.  O. Reg. 63/09, s. 10 (2). (3) In providing an approval under subsection (2), the Director shall specify the time period, not exceeding five years, during which the approval is valid.  O. Reg. 63/09, s. 10 (3). (4) A person who uses a pesticide pursuant to an approval provided under subsection (2) shall, (a) use the pesticide for the purpose identified in the approval; and (b) carry a copy of the approval or have it readily available at the extermination site.  O. Reg. 63/09, s. 10 (4).
Prohibition, DDT, etc.
 11. (1) No person shall use, handle, store, display, dispose of, sell, offer for sale, transfer or transport any of the following pesticides: 1. Aldrin. 2. Chlordane. 3. Chlordecone. 4. Dichlorodiphenyltrichloroethane (DDT). 5. Dieldrin. 6. Endrin.  O. Reg. 63/09, s. 11 (1). (2) Despite subsection (1), a pesticide mentioned in that subsection may be managed and disposed of as a hazardous waste in accordance with the Environmental Protection Act
and the regulations under that Act.  O. Reg. 63/09, s. 11 (2).
Prohibition, use of water
 12. (1) No person shall use water from a well or from a lake, river or other body of surface water in an extermination unless the person takes measures to prevent the backflow of pesticides into the water.  O. Reg. 63/09, s. 12 (1). (2) No person shall wash any equipment used in an extermination in or near a well or in or near a lake, river or other body of surface water in a manner that causes or may cause a pesticide to be directly or indirectly discharged into the well, or into the lake, river or other body of surface water.  O. Reg. 63/09, s. 12 (2).
Exemption, specified pesticides
 13. The Act and the regulations do not apply with respect to the use, handling, storage, display, disposal, sale, offer for sale, transfer or transportation of the following: 1. A pesticide that is a machine, apparatus or piece of equipment, if it does not contain or use another pesticide classified under this Regulation, a chemical agent or a microbiological agent. 2. A pesticide that is an algaecide, slimicide, bactericide, cleanser or disinfectant that meets the following criteria: i. It is registered under the
Pest Control Products Act (Canada). ii. Its label does not indicate use in, on or over land or surface water. iii. Its label only indicates use for the extermination of micro-organisms or for manufacturing. 3. Except if it is a Class E pesticide or a pesticide registered under the Fertilizers Act (Canada), i. a pesticide that is not an imported pesticide and that is exempt from the application of the Pest Control Products Act (Canada), and ii. a pesticide that is exempt from subsection 6 (1) of the Pest Control Products Act (Canada). 3.1 A pesticide that is a living animal that is not classified under this Regulation. 4. A pesticide that is a treated seed but is not a Class E pesticide.  O. Reg. 63/09, s. 13; O. Reg. 139/15, s. 12; O. Reg. 134/20, s. 7.
Exemptions, Class E pesticides
 13.1 (1) Sections 9, 107 and 114 do not apply with respect to the use, storage and transportation of a Class E pesticide. O. Reg. 134/20, s. 8. (2) The Act and the regulations do not apply with respect to the use, sale and transfer of a Class E pesticide that is to be used in accordance with a seed production contract for the purpose of producing a soybean seed crop of certified status, as defined in subsection 2 (2) of the Seeds Regulations made under the Seeds Act (Canada). O. Reg. 134/20, s. 8. (3) Every person who uses, sells or transfers a Class E pesticide for the purpose described in subsection (2) shall keep a copy of the seed production contract for a period of at least two years from the date of the expiry of the contract. O. Reg. 134/20, s. 8.
Exemption, specified persons
 14. The following persons are exempt from the Act and the regulations with respect to the use, storage, sale, offer for sale, transfer or transportation of a pesticide in carrying out their professional duties: 1. A member of a College as defined in the Regulated Health Professions Act, 1991. 2. A medical officer of health or a member of the staff of a board of health under the Health Protection and Promotion Act. 3. A member of the College of Veterinarians of Ontario.  O. Reg. 63/09, s. 14.
Exemption, attachment of molluscs to works
 15. A person is exempt from the Act and the regulations with respect to the use, handling, storage, display, disposal, sale, offer for sale, transfer or transportation of a pesticide if, (a) the use of the pesticide is authorized under the Ontario Water Resources Act for the purpose of discouraging or eliminating the attachment of molluscs to works under that Act; or (b) the use of the pesticide is authorized under the Safe Drinking Water Act, 2002 for the purpose of discouraging or eliminating the attachment of molluscs to works under that Act.  O. Reg. 279/09, s. 3. Use of Pesticides for Cosmetic Purposes — Section 7.1 of the Act
Use of Pesticides for Cosmetic Purposes — Section 7.1 of the Act
nan
Definitions of terms used in Act
 16. For the purposes of subsection 7.1 (2) of the Act, “agriculture” means an agricultural operation as defined in subsection 1 (1) that is carried out in, on or over land; (“agriculture”) “forestry” means forestry as defined in subsection 1 (1); (“activités forestières”) “golf courses” means the areas used or intended to be used as playing surfaces in the game of golf, including tees, fairways, greens and rough; (“terrains de golf”) “promotion of public health or safety” means, (a) the destruction, prevention or control of animals that bite, sting, are venomous or carry disease, including wasps, mosquitoes and ticks, (b) the destruction, prevention or control of plants that are poisonous to humans by touch, including poison ivy, poison sumac and giant hogweed, or (c) the destruction, prevention or control of plants, fungi or animals that affect public works and other buildings and structures, including carpenter ants and termites. (“promotion de la santé ou de la sécurité publiques “) O. Reg. 134/20, s. 9.
Listed active ingredients, cosmetic purpose
 17. (1) For the purposes of paragraph 1 of subsection 7.1 (1) of the Act, the Director shall apply the following rules for the purpose of determining whether an active ingredient is appropriate for use for a cosmetic purpose: 1. An active ingredient is appropriate for use for a cosmetic purpose only if it is contained in a Class C or D pesticide with a label that indicates at least one use that is not mentioned in subsection 7.1 (2) of the Act. 2. An active ingredient is appropriate for use for a cosmetic purpose only if the Director is satisfied that, i. the active ingredient is a biopesticide, or ii. based on consideration of the following factors, the active ingredient poses a low risk to human health and the environment: A. The active ingredient has a low inherent toxicity to non-target organisms. B. The products in which the active ingredient is contained have a low potential for their use to result in significant human or environmental exposure. C. The active ingredient is not persistent in the environment. D. The active ingredient is widely available to the public and has a history of safe use for a purpose other than as a pesticide. E. The active ingredient has a mode of action that is not the result of toxicity to the target organism. O. Reg. 134/20, s. 9. (2) The following persons may submit to the Director a request that the Director determine whether an active ingredient is appropriate for use for a cosmetic purpose: 1. A person who has registered a pesticide that contains the active ingredient under the Pest Control Products Act (Canada). 2. The Canadian agent of a person mentioned in paragraph 1. O. Reg. 134/20, s. 9.
Prescribed document, listed active ingredients
 18. For the purposes of paragraph 2 of subsection 7.1 (1) of the Act, the document entitled “List of Active Ingredients Authorized for Cosmetic Uses (Allowable List)” is the prescribed document in which the Director must list the active ingredients determined under section 17 of this Regulation to be appropriate for use for a cosmetic purpose. O. Reg. 134/20, s. 9.
Golf courses
 20. (1) If an unlisted pesticide is used in, on or over land that forms part of a golf course, the owner or operator of the golf course must ensure that the golf course is accredited by an integrated pest management body that has been approved by the Director for the purposes of this section. O. Reg. 134/20, s. 9. (2) If a golf course is registered but not yet accredited by an integrated pest management body mentioned in subsection (1) before the first day unlisted pesticides are used in, on or over land that forms part of the golf course and the registration is maintained, the owner and operator of the golf course are exempt from subsection (1) until the second anniversary of the first day unlisted pesticides are used in, on or over land. O. Reg. 134/20, s. 9. (3) If the owner or operator of a golf course has taken steps to have the golf course registered as described in subsection (2) and the Director is of the opinion that undue hardship would be caused to the owner or operator of the golf course in obtaining registration before the first day unlisted pesticides are used in, on or over land that forms part of the golf course, the Director may, in writing, specify a later date by which the golf course must be registered by an integrated pest management body mentioned in subsection (1) for the purposes of the exemption in subsection (2). O. Reg. 134/20, s. 9. (4) For the purposes of this section, the operator of a golf course is a person who is responsible for managing or supervising the golf course and includes a golf course superintendent or manager. O. Reg. 134/20, s. 9.
Promotion of public health or safety: public works
 21. (1) No person shall use an unlisted pesticide in, on or over land that forms part of a public work to destroy, prevent or control plants, fungi or animals, including carpenter ants and termites, that affect the public work, unless, (a) the person is certified by an integrated pest management body approved by the Director for the purposes of this section or working under the written instructions of a person who is so certified; and (b) the extermination is performed, (i) to prevent damage to the structural integrity of the public work, if the potential damage caused to the public work by the plant, fungus or animal would place the health or safety of a person at risk, (ii) to facilitate essential maintenance of the public work, if the plant, fungus or animal would interfere with or prevent the maintenance, (iii) to allow for emergency access to the public work, if the plant, fungus or animal would interfere with or prevent the access, or (iv) to ensure the security of the public work, if the plant, fungus or animal would place the security at risk. O. Reg. 134/20, s. 9. (2) If the person using the unlisted pesticide is certified by an integrated pest management body, the person shall carry or have readily available at the extermination site the certificate or a copy of the certificate issued to the person by the integrated pest management body. O. Reg. 134/20, s. 9. (3) If the person using the unlisted pesticide is working under the written instructions of a person who is certified by an integrated pest management body, the person shall carry or have readily available at the extermination site a copy of the following: 1. The certificate issued to the certified person. 2. The written instructions. O. Reg. 134/20, s. 9. (4) Despite subsection (1), no person shall use an unlisted pesticide in, on or over land that forms part of a portion of a highway that is intended for pedestrian access or other portions where the public is invited to stop, including a rest area or picnic area. O. Reg. 134/20, s. 9.
Promotion of public health or safety: other buildings, structures
 22. No person shall use an unlisted pesticide in, on or over land on which a building or structure that is not part of a public work is located to destroy, prevent or control plants, fungi or animals, including carpenter ants and termites, that affect the building or structure, unless, (a) the extermination is performed to prevent damage to the structural integrity of the building or structure, if the potential damage caused to the building or structure by the plant, fungus or animal would place the health or safety of a person at risk; and (b) if the unlisted pesticide is an herbicide, it is a Class B or C herbicide with a label that indicates that its only active ingredient is glufosinate ammonium or glyphosate or both. O. Reg. 134/20, s. 9.
Promotion of public health or safety: poisonous plants
 23. (1) No person shall use an unlisted pesticide in, on or over land to destroy, prevent or control plants that are poisonous to humans by touch, including poison ivy, poison sumac and giant hogweed, unless the person only uses a Class B, C or D herbicide with a label that indicates that its only active ingredient is glufosinate ammonium or glyphosate or both. O. Reg. 134/20, s. 9. (2) No person shall use an unlisted pesticide that is a Class D herbicide with a label described in subsection (1) in, on or over land for a use described in that subsection if its label also indicates that mixing or dilution is required in order for the pesticide to be used. O. Reg. 134/20, s. 9.
Specialty turf
 24. (1) For the purposes of paragraph 5 of subsection 7.1 (2) of the Act, the use of an unlisted pesticide in, on or over land to maintain specialty turf is a prescribed use if, (a) the specialty turf is used for lawn bowling, cricket, lawn tennis or croquet; and (b) the specialty turf is the same kind of turf that is used on golf course greens. O. Reg. 134/20, s. 9. (2) No person shall use an unlisted pesticide in, on or over land to maintain specialty turf described in subsection (1) unless the person is certified by an integrated pest management body approved by the Director for the purposes of this section or working under the written instructions of a person so certified. O. Reg. 134/20, s. 9. (3) If the person using the unlisted pesticide is certified by an integrated pest management body, the person shall carry or have readily available at the extermination site the certificate or a copy of the certificate issued to the person by the integrated pest management body. O. Reg. 134/20, s. 9. (4) If the person using the unlisted pesticide is working under the written instructions of a person who is certified by an integrated pest management body, the person shall carry or have readily available at the extermination site a copy of the following: 1. The certificate issued to the certified person. 2. The written instructions. O. Reg. 134/20, s. 9.
Arboriculture
 25. (1) For the purposes of paragraph 5 of subsection 7.1 (2) of the Act, the use in, on or over land of an unlisted pesticide that is a Class B or C pesticide, including an injection into a tree, is prescribed if it is used to maintain the health of a tree. O. Reg. 134/20, s. 9. (2) No person shall use an unlisted pesticide that is mentioned in subsection (1) in, on or over land to maintain the health of a tree unless, (a) the person has obtained a written opinion described in subsections (3) and (4); and (b) the use is in accordance with any condition that forms a part of the written opinion. O. Reg. 134/20, s. 9. (3) The written opinion shall be an opinion from one of the following persons stating that the use of the unlisted pesticide is necessary to maintain the health of the tree: 1. A person certified as an arborist by the International Society of Arboriculture. 2. A person registered as a member under the Professional Foresters Act, 2000. 3. A person who has been issued a certificate of qualification as an arborist or a utility arborist under the Building Opportunities in the Skilled Trades Act, 2021 or another certificate of qualification that, in the opinion of the Director, is equivalent to one of those certificates. 4. A person who, in the opinion of the Director, has qualifications that are equivalent to those of a person mentioned in paragraph 1, 2 or 3. O. Reg. 134/20, s. 9; O. Reg. 893/21, s. 1. (4) The written opinion shall specify the maximum number of applications of the unlisted pesticide necessary to maintain the health of the tree over a period ending on December 31 in the year in which the opinion is given. O. Reg. 134/20, s. 9. (5) The person who provides the written opinion shall apply integrated pest management principles in determining whether the use of the unlisted pesticide is necessary to maintain the health of the tree and shall refuse to provide an opinion if he or she determines that the use of the unlisted pesticide is not necessary to maintain the health of the tree. O. Reg. 134/20, s. 9. (6) At least 24 hours before but not more than seven days before using the unlisted pesticide in, on or over land, the person who will be using the unlisted pesticide shall give written notice setting out the information listed in subsection 80 (1) to the occupants of all properties in a residential area that abut the application area and comply with subsections 80 (2) and (3). O. Reg. 134/20, s. 9. (7) The person using the unlisted pesticide shall carry or have readily available at the extermination site the written opinion or a copy of it. O. Reg. 134/20, s. 9. (8) The person who uses the unlisted pesticide shall retain the written opinion or a copy of it for at least 24 months following the completion of the extermination. O. Reg. 134/20, s. 9.
Specified sports fields
 26. (1) For the purposes of paragraph 5 of subsection 7.1 (2) of the Act, the use of an unlisted pesticide in, on or over land to maintain a sports field for a national or international sporting event is prescribed. O. Reg. 134/20, s. 9. (2) No person shall use an unlisted pesticide in, on or over land for a use described in subsection (1) unless the following conditions are satisfied: 1. The Minister must approve in writing the use of the unlisted pesticide for the event. 2. The use of the unlisted pesticide must stop when the event concludes. 3. The person who uses the unlisted pesticide must comply with any conditions or limitations imposed by the Minister under subsection (4). O. Reg. 134/20, s. 9. (3) A request for approval of the use of the unlisted pesticide for the event, including a description of the application area, the purpose of the use and the expected duration of the use, must be submitted to the Minister at least six months before the intended use, or by such other time as may be approved by the Minister. O. Reg. 134/20, s. 9. (4) In approving the use of an unlisted pesticide for an event under this section, the Minister may impose any conditions or limitations that the Minister considers appropriate. O. Reg. 134/20, s. 9. (5) No person shall use an unlisted pesticide for an event under this section unless the person is certified by an integrated pest management body approved by the Director for the purposes of this section or working under written instructions of a person so certified. O. Reg. 134/20, s. 9. (6) The person using the unlisted pesticide shall carry or have readily available at the extermination site the Minister’s approval mentioned in paragraph 1 of subsection (2) or a copy of the approval. O. Reg. 134/20, s. 9. (7) If the person using the unlisted pesticide is certified by an integrated pest management body, the person shall carry or have readily available at the extermination site the certificate or a copy of the certificate issued to the person by the integrated pest management body. O. Reg. 134/20, s. 9. (8) If the person using the unlisted pesticide is working under the written instructions of a person who is certified by an integrated pest management body, the person shall carry or have readily available at the extermination site a copy of the following: 1. The certificate issued to the certified person. 2. The written instructions. O. Reg. 134/20, s. 9. (9) The Minister may approve the use of an unlisted pesticide for an event under this section only if he or she is of the opinion that, (a) the use of the unlisted pesticide is necessary for the hosting of the event; and (b) the use of the unlisted pesticide is in the public interest. O. Reg. 134/20, s. 9.
Cemeteries
 27. (1) For the purpose of paragraph 5 of subsection 7.1 (2) of the Act, the use of an unlisted pesticide in, on or over land to maintain turf on a lot in a cemetery is a prescribed use. O. Reg. 134/20, s. 9. (2) No person shall use an unlisted pesticide in, on or over land as described in subsection (1) unless the person is certified by an integrated pest management body approved by the Director for the purposes of this section or working under written instructions of a person so certified. O. Reg. 134/20, s. 9. (3) If the person using the unlisted pesticide is certified by an integrated pest management body, the person shall carry or have readily available at the extermination site the certificate or a copy of the certificate issued to the person by the integrated pest management body. O. Reg. 134/20, s. 9. (4) If the person using the unlisted pesticide is working under the written instructions of a person who is certified by an integrated pest management body, the person shall carry or have readily available at the extermination site a copy of the following: 1. The certificate issued to the certified person. 2. The written instructions. O. Reg. 134/20, s. 9. (5) In this section, the following terms have the same meaning as in the Funeral, Burial and Cremation Services Act, 2002: 1. Cemetery. 2. Lot. O. Reg. 134/20, s. 9.
Other legislative requirements
 29. For the purposes of paragraph 5 of subsection 7.1 (2) of the Act, the use of an unlisted pesticide that is a Class B or C pesticide in, on or over land for the purpose of complying with a requirement under an Act of Canada or Ontario is prescribed if the use of the unlisted pesticide is the only effective and practical means of complying with the requirement. O. Reg. 134/20, s. 9.
Uses integral to structural extermination
 30. For the purposes of paragraph 5 of subsection 7.1 (2) of the Act, the use of an unlisted pesticide in, on or over land is prescribed if the use is integral to a structural extermination. O. Reg. 134/20, s. 9.
Scientific purposes
 31. (1) For the purposes of paragraph 5 of subsection 7.1 (2) of the Act, the use of an unlisted pesticide in, on or over land for the purpose of research, a test or the preservation of a germplasm collection is prescribed. O. Reg. 134/20, s. 9. (2) Subject to subsection (3), no person shall use an unlisted pesticide in, on or over land for the purpose of research or a test unless, (a) the person uses the unlisted pesticide on the premises of a research centre, university or other institution of learning, or on experimental properties used for the purpose of the research or test; and (b) the person who uses the unlisted pesticide is, (i) a person affiliated with a research centre, university or other institution of learning, (ii) a professional researcher from industry, the Government of Ontario or the Government of Canada, or (iii) a person under the supervision or authority of a person mentioned in subclause (ii). O. Reg. 134/20, s. 9. (3) If a person does not meet the requirements mentioned in clauses (2) (a) and (b), the person shall obtain a written approval to use the unlisted pesticide from the Director at least seven days before using the unlisted pesticide for the purpose of research or a test. O. Reg. 134/20, s. 9. (4) In providing an approval under subsection (3), the Director shall specify the time period, not exceeding five years, during which the approval is valid. O. Reg. 134/20, s. 9. (5) No person shall use an unlisted pesticide in, on or over land for the purpose of preserving a germplasm collection unless he or she obtains from the Director a written approval issued in accordance with subsection (6). O. Reg. 134/20, s. 9. (6) The Director may provide an approval mentioned in subsection (5) only if he or she is of the opinion that the following criteria are met: 1. The purpose for which the unlisted pesticide is to be used is in the public interest. 2. The purpose for which the unlisted pesticide is to be used is to preserve a germplasm collection. 3. The use of the unlisted pesticide is the only effective and practical means of preserving the germplasm collection. O. Reg. 134/20, s. 9. (7) In providing an approval mentioned in subsection (5), the Director shall set out, (a) the name of the person authorized to use the unlisted pesticide; (b) a description of the application area; (c) the reason the use of the unlisted pesticide is the only effective and practical means to preserve the germplasm collection; and (d) the time period, not exceeding five years, during which the approval is valid. O. Reg. 134/20, s. 9. (8) A person who uses an unlisted pesticide pursuant to an approval provided under subsection (3) or (5) shall, (a) use the unlisted pesticide for the purpose identified in the approval; and (b) carry a copy of the approval or have it readily available at the extermination site. O. Reg. 134/20, s. 9. 32., 33. Revoked: O. Reg. 134/20, s. 9. Applications for Licences and Permits
Applications for Licences and Permits
nan
Application for licence
 34. (1) An applicant for the issuance or renewal of a licence shall submit an application and any accompanying documents to the Director using the Ministry’s electronic system. O. Reg. 228/18, s. 3. (2) In addition to anything else required in this Regulation, an application for the issuance or renewal of a licence shall include such information and documents as the Director may require for the purpose of issuing or renewing a licence, determining a fee or ensuring compliance with the licence, the Act and this Regulation. O. Reg. 228/18, s. 3. (3) An applicant or, if the applicant is a corporation or partnership, a person listed in the application as an official representative of the corporation or partnership in accordance with subsections 38 (7) or 40 (1.1), shall use the Ministry’s electronic system to certify that the information in the application and accompanying documents is complete and accurate. O. Reg. 228/18, s. 3. (4) An application shall not be submitted to the Director unless it complies with this section. O. Reg. 228/18, s. 3. (5) A person who holds an exterminator’s licence shall not submit an application to the Director for the issuance of an exterminator’s licence of the same class. O. Reg. 228/18, s. 3. (6) A person who holds an operator’s licence shall not submit an application to the Director for the issuance of an operator’s licence of the same class. O. Reg. 228/18, s. 3. (7) A person who holds a vendor’s licence shall not submit an application to the Director for the issuance of a vendor’s licence of the same class that is in respect of the same sales outlet for which the licence the person holds was issued. O. Reg. 228/18, s. 3.
Renewal of licence - timing
 34.1 An applicant for the renewal of a licence shall make the application not earlier than 90 days prior to its expiry date and not later than the expiry date. O. Reg. 228/18, s. 3.
Expiry date of licence
 34.2 (1) An operator’s licence, if not renewed, expires on December 31 of the year in which the licence or the most recent renewal of the licence takes effect. O. Reg. 228/18, s. 3. (2) A vendor’s licence, if not renewed, expires on the fifth anniversary of the day on which the licence or the most recent renewal of the licence takes effect. O. Reg. 228/18, s. 3. (3) An exterminator’s licence, if not renewed, expires on the fifth anniversary of the day on which the licence or the most recent renewal of the licence takes effect. O. Reg. 228/18, s. 3. (4) Despite subsection (3), an exterminator’s licence issued to an applicant in accordance with section 36.1, if not renewed, expires on the earlier of, (a) the day provided as the expiry date on the applicant’s authorizing certificate; and (b) the fifth anniversary of the day on which the licence takes effect. O. Reg. 228/18, s. 3.
No expiry date, vendor’s licence of Treated Seed Class
 34.2.1 Despite subsection 34.2 (2), a vendor’s licence of the Treated Seed Class does not expire. O. Reg. 134/20, s. 10.
Updating information
 34.3 (1) An applicant for the issuance or renewal of a licence whose application is in the process of being considered shall notify the Director in writing of any change in the information required to be provided in or with the applicant’s application or under this subsection within 10 days after the effective date of the change. O. Reg. 228/18, s. 3. (2) A holder of a licence shall notify the Director, using the Ministry’s electronic system, of any change in the information provided in or with the application for the issuance of the licence or under this section within 10 days after the effective date of the change. O. Reg. 228/18, s. 3.
Effective date of issuance and renewal
 34.4 (1) A licence takes effect on the day it is issued. O. Reg. 228/18, s. 3. (2) A renewal of an exterminator’s licence or vendor’s licence takes effect on the day the licence would expire if not renewed. O. Reg. 228/18, s. 3. (3) A renewal of an operator’s licence takes effect on the day following the day the licence would expire if not renewed. O. Reg. 228/18, s. 3. (4) Despite subsections (2) and (3), if the Director does not renew a licence until after its expiry date, the renewal of the licence takes effect on the day it is renewed. O. Reg. 228/18, s. 3.
Exterminator’s licence, classes
 35. For the purposes of subsection 5 (1) of the Act, the Director may issue an exterminator’s licence of a class set out in Column 2 of the Table to this section, authorizing the performance of an extermination set out opposite the class in Column 1 of the Table. Table Item   Column 1   Extermination   Column 2   Classes of licence 

  1.   Structural   1. Fumigation Commodity.   2. Fumigation General.   3. Fumigation Soil.   4. Fumigation Vault.   5. Greenhouse/Interior Plant.   6. Structural.   7. Termite. 

  2.   Land   1. Aerial.   2. Agriculture.   3. Forestry.   4. Industrial Vegetation.   5. Landscape. 

  3.   Water   1. Aquatic Vegetation.   2. Fish/Mollusc.   3. Mosquito/Biting Flies. O. Reg. 63/09, s. 35.
Exterminator’s licence, requirements
 36. (1) An applicant for the issuance or renewal of an exterminator’s licence shall meet the following requirements: 1. The applicant shall be at least 16 years of age. 2.  Revoked: O. Reg. 228/18, s. 4 (1). 3. The applicant shall have successfully completed, within 12 months before submitting the application, a course approved by the Director for licensed exterminators of the relevant class or shall have other qualifications that the Director considers equivalent. 4.  Revoked: O. Reg. 228/18, s. 4 (1). O. Reg. 63/09, s. 36 (1); O. Reg. 228/18, s. 4 (1). (2) If in the course of his or her employment the applicant performs exterminations for his or her employer, the applicant shall submit to the Director the name of the employer. O. Reg. 228/18, s. 4 (2). (3) Paragraph 3 of subsection (1) does not apply to the following: 1. An applicant who applies for the renewal of an exterminator’s licence within the time period set out in section 34.1. 2. An applicant who applies for the issuance of an exterminator’s licence within 24 months after the expiry date of an exterminator’s licence that was issued to the applicant, if the licence was of the same class and was not suspended or revoked prior to its expiry. O. Reg. 228/18, s. 4 (2). (4) Subsection (1) does not apply to an applicant for the issuance of an exterminator’s licence in accordance with section 36.1. O. Reg. 228/18, s. 4 (2). (5) Revoked: O. Reg. 228/18, s. 4 (2).
Exterminator’s licence, requirements for issuance to out-of-province applicant
 36.1 (1) Revoked: O. Reg. 228/18, s. 5 (1). (2) Subject to subsection 11 (2) of the Act, the Director shall issue an exterminator’s licence to an applicant who holds an authorizing certificate issued by an out-of-province regulatory authority in respect of an occupation if, (0.a) the applicant applies in accordance with section 34 of this Regulation for the issuance of an exterminator’s licence in respect of the same occupation; (a) the applicant provides the Director with a copy of the applicant’s authorizing certificate; (b) the exterminator’s licence is, in the opinion of the Director, in respect of the same occupation as the applicant’s authorizing certificate; (c) the applicant certifies that, (i) the out-of-province regulatory authority issued the applicant’s authorizing certificate, (ii) the authorizing certificate has not expired, and (iii) the authorizing certificate has not been cancelled, suspended or revoked; and (d) the applicant certifies, (i) the applicant has obtained the training material for the course mentioned in paragraph 3 of subsection 36 (1), and (ii) the applicant is, in his or her opinion, knowledgeable about the legislation and regulations that govern the practice of the occupation of exterminator in Ontario.  O. Reg. 469/10, s. 2; O. Reg. 228/18, s. 5 (2-5).
Operator’s licence, class
 37. For the purposes of subsection 5 (2) of the Act, the Director may issue an operator’s licence of the General class.  O. Reg. 63/09, s. 37.
Operator’s licence, requirements
 38. (1) An applicant for the issuance or renewal of an operator’s licence shall, (a) if the applicant is an individual, be at least 18 years of age; or (b) if the applicant is a corporation or partnership, have one or more official representatives who are directors, officers or partners of the applicant and who are at least 18 years of age.  O. Reg. 63/09, s. 38 (1); O. Reg. 228/18, s. 6 (1, 2). (2) If an applicant for the issuance or renewal of an operator’s licence is an individual, he or she shall be a licensed exterminator.  O. Reg. 63/09, s. 38 (2). (3), (4) Revoked: O. Reg. 228/18, s. 6 (3). (5) For the purpose of applying subsection 11 (2) of the Act, an applicant for the issuance or renewal of an operator’s licence shall submit information required by the Director with respect to, (a) if the applicant is comprised of one or more individuals, the character, qualifications and financial responsibility of the applicant or applicants; or (b) if the applicant is a corporation, the corporation and the character, qualifications and financial responsibility of the directors and officers of the corporation.  O. Reg. 63/09, s. 38 (5); O. Reg. 228/18, s. 6 (4). (6) An applicant for the issuance of an operator’s licence shall submit to the Director a list of the names and licence numbers of all licensed exterminators employed by the applicant.  O. Reg. 63/09, s. 38 (6). (7) If an applicant for the issuance or renewal of an operator’s licence is a corporation or a partnership, the applicant shall submit to the Director a list of the official representatives mentioned in clause (1) (b). O. Reg. 228/18, s. 6 (5). (8) The official representatives mentioned in clause (1) (b) shall ensure that the corporation or partnership, as the case may be, complies with the Act and the regulations. O. Reg. 228/18, s. 6 (5). (9)-(12) Revoked: O. Reg. 228/18, s. 6 (5).
Vendor’s licence, classes
 39. For the purposes of section 6 of the Act, the Director may issue a vendor’s licence of the General, Limited or Treated Seed class.  O. Reg. 63/09, s. 39; O. Reg. 139/15, s. 17.
Vendor’s licence, requirements
 40. (1) An applicant for the issuance or renewal of a vendor’s licence shall, (a) if the applicant is an individual, be at least 18 years of age; or (b) if the applicant is a corporation or partnership, have one or more official representatives who are directors, officers or partners of the applicant and who are at least 18 years of age.  O. Reg. 63/09, s. 40 (1); O. Reg. 228/18, s. 7 (1, 2). (1.1) If an applicant for the issuance or renewal of a vendor’s licence is a corporation or a partnership, the applicant shall submit to the Director a list of the official representatives mentioned in clause (1) (b). O. Reg. 228/18, s. 7 (3). (2) The official representatives mentioned in clause (1) (b) shall ensure compliance with the Act and the regulations by the corporation or partnership.  O. Reg. 63/09, s. 40 (2). (3) An applicant for the issuance or renewal of a vendor’s licence shall submit an application including the following: 1. The name, email address, if any, and mailing address of the sales outlet to be covered by the licence. 2. If the sales outlet is to be covered by a vendor’s licence of the General class, the name and address of at least one outlet representative employed to work at the sales outlet and proof that the outlet representative has complied with clause 99 (2) (e) or subsection 99 (2.1), whichever applies. 2.1 If the application is in respect of a vendor’s licence of the Treated Seed class, the name, email address, if any, and mailing address of each treated seed sales representative who represents the applicant. 3.  Revoked: O. Reg. 228/18, s. 7 (4). O. Reg. 63/09, s. 40 (3); O. Reg. 469/10, s. 3; O. Reg. 139/15, s. 18; O. Reg. 228/18, s. 7 (4). (4) Revoked: O. Reg. 228/18, s. 7 (5).
Permit
 41. (1) An application for the issuance of a permit for the purpose of section 7 of the Act shall be made to the Director.  O. Reg. 63/09, s. 41 (1); O. Reg. 134/20, s. 11. (2) A permit expires on the day specified in the permit.  O. Reg. 63/09, s. 41 (2). (3) A person carrying out an activity authorized by a permit shall carry the permit or a copy of the permit when carrying out the activity. O. Reg. 228/18, s. 8 (1). (4) A person performing an extermination for which a permit is required may have the permit or a copy of the permit readily available at the extermination site instead of carrying it.  O. Reg. 63/09, s. 41 (4); O. Reg. 228/18, s. 8 (2). Exterminator’s Licence — Exemptions for Farmers
Exterminator’s Licence — Exemptions for Farmers
nan
Exemption, Class D pesticide
 42. A farmer is exempt from subsection 5 (1) of the Act in respect of an extermination that he or she performs for the purposes of the agricultural operation that he or she owns or operates on a regular basis if the extermination is performed by means of a Class D pesticide. O. Reg. 134/20, s. 12 (1); O. Reg. 134/20, s. 12 (2).
Assistance to farmer
 45. (1) A person who assists a farmer in the performance of an extermination must be a farmer.  O. Reg. 63/09, s. 45 (1). (2) If a person assists a farmer in the performance of an extermination described in Item 1 or 2 of the Table to section 43, the person must, (a) meet the conditions set out in Column 1 of the Table to section 44; (b) be supervised by a farmer who, (i) owns or operates on a regular basis the agricultural operation with respect to which the extermination is being performed, (ii) meets the conditions set out in clauses 43 (1) (c) and (d), and (iii) meets the conditions set out in Column 2 of the Table to section 44; and (c) meet the conditions set out in clauses 44 (1) (c) and (d).  O. Reg. 63/09, s. 45 (2). Exterminator’s Licence — Exemptions for Persons Planting Treated Seeds
Exterminator’s Licence — Exemptions for Persons Planting Treated Seeds
nan
Use of seeds treated by custom seed treaters
 45.2 A Class E pesticide treated by a custom seed treater shall not be used in an extermination for the purposes of an agricultural operation unless the following criteria are met: 1. The person who requested the seed treating service provided the custom seed treater with the information and documents referred to in subsection 98.3 (2) that are required to be provided by a person mentioned in that subsection. 2. The custom seed treater provided to the person who requested the seed treating service a written confirmation, in a form approved by the Director, that the person who requested the seed treating service provided a copy of the pest risk assessment report to the custom seed treater. O. Reg. 134/20, s. 16. Exterminator’s Licence — Exemptions for Supervised Persons
Exterminator’s Licence — Exemptions for Supervised Persons
nan
Assistance to exterminator
 47. (1) If an exterminator requires assistance in the performance of an extermination to which subsection 5 (1) of the Act applies, no person, other than a licensed exterminator authorized to perform the extermination, shall assist with the extermination unless, (a) the person is a person described in Column 1 of the Table to section 46; (b) the person meets the conditions set out opposite the person in Column 2 of the Table to section 46; and (c) the person is supervised by a licensed exterminator authorized to perform the extermination and the supervising licensed exterminator meets the requirements set out in section 48.  O. Reg. 63/09, s. 47 (1); O. Reg. 134/20, s. 18 (1) (2), (3) Revoked: O. Reg. 228/18, s. 10. (4) If the person who provides assistance under subsection (1) is a licensed exterminator, the person shall carry or have readily available at the extermination site a copy of his or her licence.  O. Reg. 63/09, s. 47 (4). (5) If the person who provides assistance under subsection (1) is a technician, the person shall carry or have readily available at the extermination site, (a) a copy of a document confirming that he or she has successfully completed, within the previous 24 months, a course approved by the Director for technicians concerning basic pesticide safety; or (b) a copy of a document confirming that within the previous 24 months the Director has been satisfied that the technician has qualifications equivalent to having successfully completed the course mentioned in clause (a). O. Reg. 63/09, s. 47 (5); O. Reg. 134/20, s. 18 (2). (6) If the person who provides assistance under subsection (1) is a trainee, the person shall carry or have readily available at the extermination site a copy of the identification document supplied by his or her employer confirming that the trainee works for the employer as a trainee.  O. Reg. 63/09, s. 47 (6).