Structural Exterminations — Fumigations in Vehicles or Specified Structures
41. (1) This section applies to an extermination in which a fumigant gas or chloropicrin is used in a vehicle or in any of the following structures: 1. A shipping container. 2. A silo or other grain storage container. 3. A bin. 4. A hopper. 5. A farm structure. O. Reg. 405/98, s. 27. (2) The following conditions apply to an extermination mentioned in subsection (1): 1. Before introduction of the fumigant, the exterminator shall satisfy himself or herself that, i. the vehicle or structure is capable of being sealed during the extermination, ii. the vehicle or structure is not contained within a larger vehicle or structure, and iii. the vehicle or structure is located far enough away from any other building, structure or area where humans may be exposed to prevent adverse effects. 2. Before introduction of the fumigant, the exterminator shall remove from the vehicle or structure all substances that are not compatible with the pesticide being used. 3. Before introduction of the fumigant, the exterminator shall search the vehicle or structure to ensure that it contains no person. 4. The exterminator shall ensure that no person enters or remains in the vehicle or structure during the extermination and airing out, except a licensed exterminator authorized to use the fumigant that is being used. 5. The exterminator and at least one other licensed exterminator authorized to use the relevant fumigant shall be present during the introduction of the fumigant and the airing out period. 6. All persons present during the introduction of the fumigant and the airing out period shall have adequate respiratory protection. 7. The exterminator shall seal the vehicle or structure and shall lock all the doors of the vehicle or structure by means of padlocks before a fumigant gas is introduced from the outside, or immediately after the introduction of a fumigant in any other case, shall keep the vehicle or structure sealed and the doors locked until the airing out begins, and shall keep the keys in his or her possession. 8. The exterminator shall post a warning placard on all entrances to the vehicle or structure. 9. The exterminator shall ensure that the required warning placards remain posted during the extermination and until the airing out is completed. 10. The exterminator shall perform tests in the vehicle or structure to determine whether airing out is completed. 11. During an extermination using methyl bromide in a vehicle or structure that is movable, a person shall not move the vehicle or structure until the airing out is completed, except in an emergency and with the permission of the holder of a Fumigation — General structural exterminator’s licence. 12. The fumigation of ships and of mobile units carried by ships must also comply with the Canada Shipping Act and Ship Fumigation Regulations. O. Reg. 405/98, s. 27; O. Reg. 228/00, s. 9. (3) If an extermination is performed in which phosphine is used in a truck, trailer or rail car that is in motion while the phosphine is active, (a) subsection (2) does not require the truck, trailer or rail car to be accompanied by an exterminator while it is in motion; and (b) instead of keeping the keys in his or her possession under paragraph 7 of subsection (2), the exterminator shall ensure that the keys are not accessible to anyone other than people who are assisting in the extermination or involved in operating the truck, trailer or rail car. O. Reg. 405/98, s. 27. (4) The holder of a Fumigation — General or Fumigation — Commodity structural exterminator’s licence is exempt from subsection 7 (1) of the Act for an extermination mentioned in subsection (1) that uses a fumigant gas or chloropicrin and is authorized by the licence. O. Reg. 405/98, s. 27. Structural Exterminations — Fumigations of Rodent Burrows