Natural resources
 28. (1) For the purposes of paragraph 5 of subsection 7.1 (2) of the Act and subject to subsection (7), the use of an unlisted pesticide that is a Class B or C pesticide in, on or over land for the purpose of managing, protecting, establishing or restoring natural resources is prescribed if, (a) the person who uses the unlisted pesticide is, (i) an employee of, or a person who is providing a service to, the Ministry of Natural Resources and Forestry or the Ministry of the Environment, Conservation and Parks who is using the unlisted pesticide in the course of their employment, (ii) an employee of, or a person who is providing a service to, a body responsible for managing a natural resources management project who is using the unlisted pesticide in the course of their employment, if the Ministry of Natural Resources and Forestry or the Ministry of the Environment, Conservation and Parks has entered into a written agreement with the body respecting the project, or (iii) an employee of, or a person who is providing a service to, a conservation authority established under the Conservation Authorities Act who is using the unlisted pesticide in the course of their employment; or (b) the person who uses the unlisted pesticide is a person other than a person mentioned in clause (a) and a Regional Director or Branch Director of the Ministry of Natural Resources and Forestry or a Director of the Ministry of the Environment, Conservation and Parks has provided a written opinion stating that the use of the unlisted pesticide meets the criteria set out in subsection (2). O. Reg. 134/20, s. 9. (2) A Regional Director or Branch Director of the Ministry of Natural Resources and Forestry or a Director of the Ministry of the Environment, Conservation and Parks may provide a written opinion mentioned in clause (1) (b) 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, i. to control an invasive species that may be detrimental to the health of persons or the environment or economy of Ontario, ii. to benefit a species of flora or fauna that is native to Ontario through the protection of the species or its habitat, or the establishment, restoration or management of the species’ habitat, or iii. to protect or restore a rare ecosystem or its components. 2. The use of the unlisted pesticide would be in accordance with integrated pest management principles. O. Reg. 134/20, s. 9. (3) A Regional Director or Branch Director of the Ministry of Natural Resources and Forestry or a Director of the Ministry of the Environment, Conservation and Parks may refuse to provide a written opinion mentioned in clause (1) (b) if, in his or her opinion, it would not be in the public interest to do so. O. Reg. 134/20, s. 9. (4) A person may apply to a Regional Director or Branch Director of the Ministry of Natural Resources and Forestry or a Director of the Ministry of the Environment, Conservation and Parks for a written opinion mentioned in clause (1) (b) and the application must be in writing. O. Reg. 134/20, s. 9. (5) In providing a written opinion mentioned in clause (1) (b), a Regional Director or Branch Director of the Ministry of Natural Resources and Forestry or a Director of the Ministry of the Environment, Conservation and Parks shall set out, (a) the name of the person authorized to use the unlisted pesticide; (b) the street address or legal description of the property or properties that contain the application area; (c) the purpose for which the unlisted pesticide is to be used; and (d) the time period, not exceeding five years, during which the opinion is valid. O. Reg. 134/20, s. 9. (6) A person who uses an unlisted pesticide under clause (1) (b) shall, (a) use the unlisted pesticide for the purpose identified in the written opinion; and (b) carry a copy of the written opinion or have it readily available at the extermination site. O. Reg. 134/20, s. 9. (7) Subsection (1) applies only if the use of the unlisted pesticide is not otherwise authorized under subsection 7.1 (2) of the Act. O. Reg. 134/20, s. 9.