Land Extermination Exemptions
94. (1) A certified agriculturist is an agriculturist who is certified within the last 60 months, (a) to have successfully completed a course for certified agriculturists that has been approved by the Director with respect to the handling and use of pesticides on farm land; or (b) to possess experience that in the Director’s opinion makes it unnecessary for the agriculturist to take the course described in clause (a). O. Reg. 129/98, s. 1. (2) An assistant agriculturist is an agriculturist who, within the last 60 months, has completed a course for assistant agriculturists that has been approved by the Director with respect to the handling and use of pesticides on farm land. O. Reg. 129/98, s. 1. (2.1) Certified agriculturists and assistant agriculturists shall be at least 16 years of age. O. Reg. 228/00, s. 14 (1). (2.2) When handling or using pesticides on farm land, a certified agriculturist or assistant agriculturist shall have readily available a copy of a document confirming that he or she complies with subsection (1) or (2), as the case may be. O. Reg. 228/00, s. 14 (1). (3) A certified agriculturist who is the holder of a permit for a land extermination by means of a Schedule 1 pesticide on the farm land on which the agriculturist is engaged in agricultural or forestry production is exempt from subsection 5 (1) of the Act for that extermination. O. Reg. 129/98, s. 1. (4) An agriculturist who performs a land extermination by means of a Schedule 3, 4 or 6 pesticide on the farm land on which he or she is engaged in agricultural or forestry production is exempt from subsection 5 (1) of the Act for that extermination. O. Reg. 129/98, s. 1. (5) A certified agriculturist who performs a land extermination by means of a Schedule 2 or 5 pesticide on the farm land on which he or she is engaged in agricultural or forestry production is exempt from subsection 5 (1) of the Act for that extermination. O. Reg. 129/98, s. 1. (6) Revoked: O. Reg. 228/00, s. 14 (2). (7) Subject to subsections (8) and (9), an assistant agriculturist who performs a land extermination by means of a Schedule 2 or 5 pesticide on the farm land on which he or she is engaged with a certified agriculturist in agricultural or forestry production is exempt from subsection 5 (1) of the Act for that extermination. O. Reg. 129/98, s. 1; O. Reg. 228/00, s. 14 (3). (8) An assistant agriculturist shall not, (a) purchase a Schedule 2 or 5 pesticide; (b) recommend or select a Schedule 2 or 5 pesticide for use on the farm land; (c) select the application rate of a Schedule 2 or 5 pesticide for use on the farm land; (d) calibrate application equipment for an extermination using a Schedule 2 or 5 pesticide; (e) select the appropriate means of storage of a Schedule 2 or 5 pesticide; (f) select the appropriate means of disposal or reclamation of an empty container that has held a Schedule 2 or 5 pesticide; or (g) transport or dispose of a Schedule 2 or 5 pesticide that has become waste. O. Reg. 129/98, s. 1; O. Reg. 228/00, s. 14 (4). (9) An assistant agriculturist shall not mix, load or apply a Schedule 2 or 5 pesticide unless he or she is supervised by a certified agriculturist. O. Reg. 228/00, s. 14 (5). (9.1) The certified agriculturist who supervises the assistant agriculturist shall, (a) be present at the site where the mixing, loading or application takes place; or (b) be on call as described in subsection (9.2). O. Reg. 228/00, s. 14 (5). (9.2) A certified agriculturist who is on call for the purposes of clause (9.1) (b) shall, (a) in the case of a Schedule 5 pesticide, provide the assistant agriculturist with written instructions for the proper mixing, loading and application of the pesticide and ensure that the instructions are readily available at the site; and (b) in the case of a Schedule 2 or 5 pesticide, (i) be available for immediate response through an effective communication system, and (ii) be able to attend at the site to respond to an emergency situation within a period of time that is reasonable in the circumstances. O. Reg. 228/00, s. 14 (5). (10) Every certified agriculturist shall ensure that the use, storage, transportation and disposal of pesticides on the farm land on which the certified agriculturist is engaged in agricultural or forestry production is carried out in accordance with the Act and this Regulation. O. Reg. 129/98, s. 1. (11) A certified agriculturist shall not supervise, at any one time, more than three assistant agriculturists for the purpose of subsection (9). O. Reg. 228/00, s. 14 (6).