jswizzle3737/ontario_laws_and_regs huggingface dataset:
Land Extermination Notification Requirements
65. (1) No person shall perform a land extermination by means of a Schedule 1, 2, 3, 4, 5 or 6 pesticide without giving public notice in accordance with sections 66, 67, 68 and 71 to 76. O. Reg. 500/92, s. 1. (2) No holder of an exterminator’s licence shall perform a land extermination by means of a Schedule 1, 2, 3, 4, 5 or 6 pesticide without advising in writing the owner, occupier or person having the charge, management or control of the application area who caused the extermination to be performed of the requirements of section 72. O. Reg. 500/92, s. 1. (3) Subsections (1) and (2) do not apply in respect of land exterminations on, (a) land with natural features that exclude the public; (b) land in respect of which substantial measures, such as fencing, have been taken to exclude the public; (c) land used for agricultural or forestry production; (d) a controlled-access highway or controlled access road within the meaning of the Public Transportation and Highway Improvement Act, other than rest areas, picnic areas and other areas where the public is invited to stop; or (e) a lot or parcel of land on which there are no commercial or industrial buildings, and on which there is at least one and there are no more than four dwelling units. O. Reg. 500/92, s. 1. (4) Subsection (2) does not apply where the person performing the land extermination is, (a) an owner of the application area; (b) an occupier of the application area; (c) a person having the charge, management or control of the application area; or (d) a full-time employee of a person described in clauses (a) to (c). O. Reg. 500/92, s. 1.
Land Extermination Notification Requirements
66. (1) Public area signs giving public notice of a land extermination shall be posted conspicuously at all ordinary points of access, if any, to the application area. O. Reg. 500/92, s. 1. (2) Where there are no ordinary points of access to the application area, and there is a larger area of land that includes the application area and that is under the same ownership, management, charge or control as the application area, public area signs shall be posted conspicuously at all ordinary points of access, if any, to that larger area. O. Reg. 500/92, s. 1.
Land Extermination Notification Requirements
67. (1) Public area signs giving public notice of a land extermination shall be posted conspicuously at least every 100 metres along the perimeter of the application area. O. Reg. 500/92, s. 1. (2) Subsection (1) does not apply in respect of any part of the perimeter along which there is a barrier that can reasonably be expected to prevent people from entering the application area. O. Reg. 500/92, s. 1. (3) At least one public area sign giving public notice of a land extermination shall be posted conspicuously along the perimeter of the application area. O. Reg. 500/92, s. 1. (4) For the purposes of this section, a sign is posted along the perimeter if it is posted within ten metres of the perimeter. O. Reg. 500/92, s. 1.
Land Extermination Notification Requirements
68. (1) Public notice of a land extermination may be given by one or more means described in subsection (2), and not as required by sections 66 and 67 if, (a) complying with the requirements of sections 66 and 67 would require the posting of more than twenty public area signs; (b) the application area is in a rural area and is on a public thoroughfare; (c) the application area is in a rural area and is on land against which a public utility or other public work has a right of way if the land extermination is to be performed over the right of way to benefit that work or access to it; or (d) public access to the application area is sufficiently limited to justify doing so. O. Reg. 500/92, s. 1. (2) Public notice of a land extermination described in subsection (1) may be given, with the written approval of the Director, by the following means: 1. Publication in a newspaper of general circulation in the vicinity of the proposed land extermination at least one week prior to the proposed extermination. 2. The posting of signs or distribution of written notices in a manner that, in the Director’s opinion, provides adequate notice to all persons who may be affected by the extermination. 3. Such other means that, in the Director’s opinion, provides adequate notice to all persons who may be affected by the extermination. O. Reg. 500/92, s. 1. (3) For the purposes of subsection (1), an application area is in a rural area if, (a) the application area is not within the geographic limits of a city, town, village or borough; or (b) there are fewer than twenty dwelling units within one kilometre of any given location in the application area. O. Reg. 500/92, s. 1. (4) For the purposes of clause (1) (b), a public thoroughfare includes a public highway and any land over which the public has a general right of access but does not include a rest area, picnic area or other area on a highway where the public is invited to stop. O. Reg. 500/92, s. 1. (5) The Director may abridge the time period for advance notice set out in paragraph 1 of subsection (2) if he or she is satisfied that a land extermination is urgently required and that to do so would not deprive any person who may be affected by the extermination of adequate notice. O. Reg. 500/92, s. 1. residential areas
Land Extermination Notification Requirements
69. (1) No holder of a land exterminator’s licence shall perform a land extermination, other than a land extermination for the purposes of agricultural or forestry production, by means of a Schedule 1, 2, 3, 4, 5 or 6 pesticide on an application area any part of which is within 100 metres of a dwelling unit, other than a dwelling unit within the application area, without, (a) giving public notice in accordance with sections 70 and 71 to 76; and (b) advising, in writing, the owner, occupier or person having the charge, management or control of the application area who caused the extermination to be performed of the requirements of section 72. O. Reg. 500/92, s. 1. (2) Subsection (1) does not apply in respect of a land extermination to which subsection 65 (1) applies. O. Reg. 500/92, s. 1. (3) Clause (1) (b) does not apply where the person performing the land extermination is, (a) an owner of the application area; (b) an occupier of the application area; (c) a person having the charge, management or control of the application area; or (d) a full-time employee of a person described in clauses (a) to (c). O. Reg. 500/92, s. 1. (4) A holder of a land exterminator’s licence may elect to treat separate land exterminations being performed together as one extermination that is subject to section 65, if there is adequate notice to all persons who may be affected by the exterminations. O. Reg. 500/92, s. 1.
Land Extermination Notification Requirements
70. (1) Residential area signs giving public notice of a land extermination shall be posted conspicuously at least every 100 metres along these parts of the perimeter of the application area that are, at all points, (a) within 100 metres of a dwelling unit, other than a dwelling unit within the application area; and (b) adjacent to a highway or other area to which the public is ordinarily admitted. O. Reg. 500/92, s. 1. (2) At least one residential area sign giving public notice of a land extermination shall be posted conspicuously along the perimeter of the application area. O. Reg. 500/92, s. 1. (3) For the purposes of this section, a sign is posted along the perimeter if it is posted within ten metres of the perimeter. O. Reg. 500/92, s. 1. posting and contents of notice
Land Extermination Notification Requirements
72. (1) No person shall remove a sign before forty-eight hours have elapsed following the completion of a land extermination. O. Reg. 500/92, s. 1. (2) Each person who performs a land extermination shall ensure that each sign is removed not less than three and not more than ten days after the day on which the extermination was completed, or by a later day agreed to by the Director in writing but not exceeding thirty days after the extermination if, in the Director’s opinion, the signs cannot be removed earlier without undue expense to the person who performed the extermination. O. Reg. 500/92, s. 1.
Land Extermination Notification Requirements
73. Signs shall not be posted on trees, fences or buildings or on signboards together with other signs. O. Reg. 500/92, s. 2.
Land Extermination Notification Requirements
74. (1) Public area signs shall be rectangular and at least fifty-one centimetres high and thirty-eight centimetres wide. O. Reg. 500/92, s. 3. (2) Residential area signs shall be rectangular and at least twenty-eight centimetres high and twenty-two centimetres wide. O. Reg. 500/92, s. 3.
Land Extermination Notification Requirements
75. Signs shall be made of rain resistant material and shall be sturdy enough that they can be reused. O. Reg. 500/92, s. 3.
Land Extermination Notification Requirements
77. A person intending to perform a land extermination may post a sign other than a sign that meets the requirements of sections 73, 74 and 76 if the person satisfies the Director that in the circumstances public notice would be better provided by the sign the person proposes to post. O. Reg. 500/92, s. 3.
Land Extermination Notification Requirements
78. (1) Any written notice authorized under section 68 or 71, other than the posting of a sign, shall set out, (a) the date the land extermination is to take place; (b) a description of the application area; (c) the pesticide used or intended for use on the application area; (d) the registration number assigned to the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada); (e) the name of the pest to be controlled; and (f) the telephone number of a representative of the person performing the land extermination who can provide more information about it. O. Reg. 500/92, s. 3; O. Reg. 405/98, s. 34. (2) If the telephone number used in the notice is a number to which long distance rates apply from telephones located near the application area, the notice shall state that collect calls will be accepted and all collect calls must be accepted. O. Reg. 500/92, s. 3.
Land Extermination Notification Requirements
79. If a trainee or technician uses pesticides application equipment under the supervision of a holder of an exterminator’s licence, the holder of the licence, (a) shall ensure that the notices required by subsections 65 (1) and (2) and 69 (1) are given; and (b) shall not permit the trainee or technician to use the equipment unless those notices have been given. O. Reg. 500/92, s. 3; O. Reg. 228/00, s. 12.
Land Extermination Notification Requirements
80. Revoked: O. Reg. 500/92, s. 3. Land Extermination Permits
Land Extermination Permits
81. (1) A Schedule 1, 2, 3 or 5 pesticide used in a land extermination is prescribed for the purpose of subsection 7 (1) of the Act. O. Reg. 405/98, s. 35. (2) A Schedule 4 or 6 pesticide used in a land extermination is prescribed for the purpose of subsection 7 (1) of the Act if the extermination is performed by a person who does not hold a land exterminator’s licence, unless the person is not required to hold a land exterminator’s licence for that extermination. O. Reg. 405/98, s. 35.
Land Extermination Permits
81.1 If the permit so provides, the holder of a permit issued under subsection 7 (1) of the Act in respect of a land extermination is exempt from subsection 5 (1) of the Act for the extermination specified in the permit. O. Reg. 405/98, s. 36.
Land Extermination Permits
82. (1) Subject to subsections (3) and (4) and section 88, a holder of any class of land exterminator’s licence authorized to use a Schedule 2, 3, 4, 5 or 6 pesticide in an extermination is exempt from subsection 7 (1) of the Act for that extermination. O. Reg. 405/98, s. 37; O. Reg. 228/00, s. 13 (1). (2) Subject to subsections (3) and (4) and section 88, any person exempt from subsection 5 (1) of the Act for a land extermination by use of a Schedule 2, 3, 4, 5 or 6 pesticide is also exempt from subsection 7 (1) of the Act for that extermination. O. Reg. 405/98, s. 37; O. Reg. 228/00, s. 13 (2). (3) The exemptions in subsections (1) and (2) do not apply to a land extermination by means of a pesticide containing picloram or 4-aminopyridine. O. Reg. 405/98, s. 37. (4) The exemptions in subsections (1) and (2) do not apply to an extermination to control groundhogs in burrows in the ground using aluminum phosphide, magnesium phosphide or phosphine if any of the burrows open into a building or any of the burrow entrances are less than 10 metres from a building. O. Reg. 405/98, s. 37.
Land Extermination Permits
83. Revoked: O. Reg. 405/98, s. 38.
Land Extermination Permits
84. Revoked: O. Reg. 405/98, s. 38.
Land Extermination Permits
85. Revoked: O. Reg. 405/98, s. 38.
Land Extermination Permits
86. Revoked: O. Reg. 405/98, s. 38.
Land Extermination Permits
87. Revoked: O. Reg. 405/98, s. 38. Airborne Machines
Airborne Machines
88. The exemptions in subsections 82 (1) and (2) do not apply to the following uses of pesticides: 1. The use from an airborne machine of a Schedule 1 or 5 pesticide. 2. The use from an airborne machine of a Schedule 2 pesticide containing 2,4-D, 2,4-DB, mecoprop, MCPA, MCPB, dichlorprop, dicamba, picloram, paraquat or trichlopyr. 3. The use from an airborne machine of a pesticide in connection with the management of Crown forests pursuant to the Crown Forest Sustainability Act, 1994. O. Reg. 405/98, s. 39.
Airborne Machines
89. (1) An exterminator’s licence does not authorize the use of a pesticide applied by an airborne machine unless it is a land exterminator’s licence (Aerial). O. Reg. 405/98, s. 39. (2) If an extermination is performed from an airborne machine, the pilot of the machine must be the holder of a land exterminator’s licence (Aerial). O. Reg. 405/98, s. 39.
Airborne Machines
90. Where a land or water extermination with an airborne machine is performed using a Schedule 1, 2 or 5 pesticide, (a) the pesticide shall not be in a dust formulation; and (b) the pilot of the machine shall not assist in the loading of the machine with the pesticide or otherwise expose himself or herself to contact with it. R.R.O. 1990, Reg. 914, s. 90.
Airborne Machines
91. (1) Every person who operates an airborne machine in performing land or water exterminations shall, (a) make a record of each land and water extermination performed by the person, in the form or format approved by the Director, and keep the record for a period of two years after the extermination is completed; (b) if the land or water extermination was performed for an operator, provide a copy of the record mentioned in clause (a) to the operator after the extermination is completed, and the operator shall keep a copy of the record for two years; and (c) on the request of the Director, promptly submit a copy of a record mentioned in clause (a) to the Director. O. Reg. 405/98, s. 40. (2) A pilot or operator, as the case may be, shall produce the records mentioned in subsection (1) to a provincial officer when requested and, unless provided with a copy of the records, the provincial officer may remove the records, or any portion thereof, in order to make copies. R.R.O. 1990, Reg. 914, s. 91 (2). Land Extermination Exemptions
Land Extermination Exemptions
92. Where a person performs a land extermination for domestic purposes on land occupied by the person by means of a Schedule 3 pesticide, the person is exempt from subsection 5 (1) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 92.
Land Extermination Exemptions
92.1 A person who performs a land extermination for personal protection by means of an animal repellent that is a Schedule 2, 3, 4, 5 or 6 pesticide is exempt from subsection 5 (1) of the Act and subsection 65 (1) of this Regulation in respect of the extermination. O. Reg. 405/98, s. 41.
Land Extermination Exemptions
93. (1) Where a person performs a land extermination by means of a Schedule 4 or 6 pesticide on premises owned or occupied by the person or by a person of whom he or she is the full-time employee, the person is exempt from subsection 5 (1) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 93 (1). (2) Where a person performs a land extermination by means of a Schedule 3 pesticide on premises to which the public is not admitted and which are owned or occupied by the person or by a person of whom he or she is the full-time employee, the person is exempt from subsection 5 (1) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 93 (2).
Land Extermination Exemptions
95. (1) A certified agriculturist is exempt from subsections 5 (1) and (2) of the Act in respect of a land extermination if all of the following criteria are satisfied: 1. The extermination is performed on farm land that is not owned by the certified agriculturist. 2. The extermination is performed by means of a Schedule 2, 3, 4, 5 or 6 pesticide. 3. The extermination is performed by the operation at any given time of only one piece of application equipment and that equipment is normally used on the certified agriculturist’s own farm land. 4. No money is paid for the extermination. O. Reg. 405/98, s. 42. (2) Subsection (1) does not apply to a person who performs an extermination by means of an airborne machine. R.R.O. 1990, Reg. 914, s. 95 (2). (3) Revoked: O. Reg. 119/91, s. 3 (2).
Land Extermination Exemptions
96. Revoked: O. Reg. 406/98, s. 43.
Land Extermination Exemptions
97. Revoked: O. Reg. 406/98, s. 43.
Land Extermination Exemptions
98. (1) Where an area weed inspector under the Weed Control Act, in accordance with his or her duties under that Act, performs a land extermination by means of a Schedule 2, 3, 4 or 6 pesticide that is a herbicide and uses a compressed-air hand sprayer or equipment no larger than that commonly called a knapsack sprayer, he or she is exempt from subsection 5 (1) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 98 (1). (2) A municipality which performs a land extermination for another municipality by means of a Schedule 2, 3, 4 or 6 pesticide is exempt from subsection 5 (2) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 98 (2).
Land Extermination Exemptions
99. (1) Where an exterminator is licensed as a structural exterminator (Structural) and performs an extermination on animals on farm land, the exterminator is exempt from being licensed as a land exterminator for that extermination. R.R.O. 1990, Reg. 914, s. 99 (1); O. Reg. 405/98, s. 44 (1). (2) An exterminator who is licensed as a structural exterminator (Structural) is exempt from being licensed as a land exterminator for a land extermination for mammalian, avian or insect pests, (a) on or near a waste disposal site defined under the Environmental Protection Act; or (b) near the building or vehicle where the structural extermination for the mammalian, avian or an insect pest is being performed. R.R.O. 1990, Reg. 914, s. 99 (2); O. Reg. 405/98, s. 44 (2).
Land Extermination Exemptions
100. Revoked: O. Reg. 405/98, s. 45.
Land Extermination Exemptions
101. Revoked: O. Reg. 405/98, s. 45. Water Exterminations
Water Exterminations
102. (1) The following classes of water exterminators’ licences are prescribed: 1. Aquatic Vegetation. 2. Mosquito/Biting Flies. 3. Fish/Mollusc. O. Reg. 405/98, s. 46; O. Reg. 482/98, s. 1 (1). (2) Every water exterminator’s licence shall specify the class of licence for which it has been issued. O. Reg. 405/98, s. 46. (3) An Aquatic Vegetation licence is authority for the use of herbicides in a water extermination. O. Reg. 405/98, s. 46. (4) A Mosquito/Biting Flies licence is authority for the use of insecticides in a water extermination and for the use of insecticides in a land extermination of the adult stage of mosquitoes or other biting flies. O. Reg. 482/98, s. 1 (2). (5) A Fish/Mollusc licence is authority for the use of pesticides in a water extermination related to fish, sea lamprey or molluscs. O. Reg. 405/98, s. 46. Water Extermination Permit Requirements
Water Extermination Permit Requirements
103. If the permit so provides, the holder of a permit issued under subsection 7 (2) of the Act in respect of a water extermination is exempt from subsection 5 (1) of the Act for the extermination specified in the permit. O. Reg. 405/98, s. 46; O. Reg. 229/03, s. 2. Water Extermination Licence and Permit Exemptions
Water Extermination Licence and Permit Exemptions
104. (1) Where a person performs a water extermination within the boundaries of premises owned or occupied by the person or by a person of whom he or she is a full-time employee, (a) the person is exempt from subsection 5 (1) of the Act for that extermination; and (b) if such water is located wholly within the boundaries of such premises and does not discharge water 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, then the person is exempt from subsection 7 (2) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 104 (1). (2) A municipality that performs a water extermination for another municipality by means of a Schedule 2, 3, 4 or 6 pesticide is exempt from subsection 5 (2) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 104 (2).
Water Extermination Licence and Permit Exemptions
105. Where a person performs a water extermination for the control of plants that emerge from or float on the surface of the water in a drainage ditch, which at the time of the extermination contains no moving water, and the person uses a Schedule 2, 3, 4 or 6 pesticide that is labelled for that use, the person is exempt from subsection 7 (2) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 105. Vehicle Identification
Vehicle Identification
105.1 During a calendar year, an operator shall not permit a vehicle to be used to transport or apply a pesticide in connection with an extermination unless an identification marker for the calendar year has been obtained from the Director and is affixed to the rear of the vehicle in such manner as to be visible and legible at all times. O. Reg. 405/98, s. 47. Vendors’ Licences
Vendors’ Licences
106. The following classes of vendors’ licences are prescribed: 1. General vendor’s licence. 2. Limited vendor’s licence. O. Reg. 405/98, s. 48.
Vendors’ Licences
107. (1) An applicant for the issuance or renewal of any class of vendor’s licence must be at least 18 years of age, unless the applicant is a corporation or partnership. O. Reg. 405/98, s. 48. (2) If the applicant is a corporation or partnership, it shall designate on its application the partner, director or officer who is the official representative of the corporation or partnership, who shall be at least 18years of age and shall sign the application and whose duty it is to ensure compliance with the Act and the regulations. O. Reg. 405/98, s. 48. (3) The applicant shall submit with the application, (a) the name and address of the sales outlet to be covered by the licence; and (b) in the case of an application for a general vendor’s licence, the name and address of at least one outlet representative for the outlet and proof that the outlet representative has complied with clause 109 (1) (b). O. Reg. 405/98, s. 48. (4) An applicant for any class of vendor’s licence whose application is in the process of being considered and every general vendor or limited vendor shall notify the Director, in writing, of any change in the information submitted under this section within 10 days after the effective date of the change. O. Reg. 405/98, s. 48.
Vendors’ Licences
108. Every holder of a vendor’s licence shall display the licence or a legible copy of the licence in a prominent place at the sales outlet covered by the licence. O. Reg. 405/98, s. 48.
Vendors’ Licences
108.1 Revoked: O. Reg. 405/98, s. 48.
Vendors’ Licences
109. (1) The holder of a general vendor’s licence shall ensure that the sales outlet covered by the licence has an outlet representative who, (a) works full-time at the sales outlet; (a.1) is at least 16 years of age; (b) within the previous 60 months, has successfully completed a course approved by the Director for persons involved in selling pesticides, or who otherwise satisfies the Director that he or she is qualified to sell pesticides; (c) is the licensee or an employee of the licensee, if the licensee is not a partnership or corporation; (d) is a partner or an employee of the partnership, if the licensee is a partnership; and (e) is an officer, director or employee of the corporation, if the licensee is a corporation. O. Reg. 405/98, s. 48; O. Reg. 228/00, s. 15. (2) The outlet representative shall ensure that all operations of the outlet are carried out in accordance with the Act and the regulations. O. Reg. 405/98, s. 48. (3) A person shall not sell or offer to sell a pesticide at a sales outlet if the sales outlet does not have an outlet representative who meets the criteria required by subsection (1). O. Reg. 405/98, s. 48. (4) Subsection (3) does not apply to a sale of a pesticide by a person who is exempted under section 116 or 117 from requiring a vendor’s licence. O. Reg. 405/98, s. 48.
Vendors’ Licences
110. A general vendor or limited vendor shall not sell a pesticide for which the vendor requires a licence under section 6 of the Act except as provided by section 111 or 112. O. Reg. 405/98, s. 48.
Vendors’ Licences
111. (1) A general vendor may sell a Schedule 1 pesticide to, (a) a general vendor; (b) a licensed exterminator authorized to use that pesticide; or (c) the holder of a permit for the purchase and use of that pesticide. O. Reg. 405/98, s. 48. (2) A general vendor may sell a Schedule 2 pesticide to, (a) a general vendor; (b) a licensed structural or water exterminator authorized to use that pesticide; (c) a licensed land exterminator authorized to use that pesticide, unless the pesticide contains picloram or 4-aminopyridine; (d) a certified agriculturist, unless the pesticide contains picloram or 4-aminopyridine; (e) an area weed inspector designated under the Weed Control Act, unless the pesticide contains picloram; or (f) the holder of a permit for the purchase and use of that pesticide. O. Reg. 405/98, s. 48; O. Reg. 228/00, s. 16. (3) A general vendor may sell a Schedule 3 pesticide to, (a) a general vendor or limited vendor; (b) a licensed exterminator authorized to use that pesticide; (c) a person exempt from subsection 5 (1) of the Act for an extermination by means of that pesticide; or (d) the holder of a permit for the purchase and use of that pesticide. O. Reg. 405/98, s. 48. (4) A general vendor may sell a Schedule 4 pesticide to any person. O. Reg. 405/98, s. 48. (5) A general vendor may sell a Schedule 5 pesticide to, (a) a general vendor; (b) a licensed exterminator authorized to use that pesticide; (c) a certified agriculturist; (d) an area weed inspector designated under the Weed Control Act; or (e) the holder of a permit for the purchase and use of that pesticide. O. Reg. 405/98, s. 48. (6) A general vendor may sell a Schedule 6 pesticide to any person. O. Reg. 405/98, s. 48.
Vendors’ Licences
112. (1) A limited vendor may sell a Schedule 3 pesticide to, (a) a general vendor or limited vendor; (b) a licensed exterminator authorized to use that pesticide; (c) a person exempt from subsection 5 (1) of the Act for an extermination by means of that pesticide; or (d) the holder of a permit for the purchase and use of that pesticide. O. Reg. 405/98, s. 48. (2) A limited vendor may sell a Schedule 4 or 6 pesticide to any person. O. Reg. 405/98, s. 48.
Vendors’ Licences
113. A general vendor or limited vendor shall not sell a pesticide to the holder of a permit for the purchase and use of that pesticide except in accordance with any applicable terms and conditions of the permit. O. Reg. 405/98, s. 48.
Vendors’ Licences
114. Revoked: O. Reg. 405/98, s. 48.
Vendors’ Licences
115. Revoked: O. Reg. 405/98, s. 48.
Vendors’ Licences
116. Section 6 of the Act does not apply to a person who sells, (a) a Schedule 4 pesticide; (b) a Schedule 3 or 6 pesticide that is a paint, stain, sealer or wood preservative provided that no food is prepared, sold or stored on the same premises; (c) a Schedule 3 or 6 pesticide that is a disinfectant, cleanser or bactericide; (d) Revoked: O.Reg. 499/92, s. 1. (e) a Schedule 2 pesticide that is intended for use as a bactericide in cutting oil, marine or aviation fuels. R.R.O. 1990, Reg. 914, s. 116; O. Reg. 27/91, s. 22; O. Reg. 499/92, s. 1; O. Reg. 405/98, s. 49.
Vendors’ Licences
117. (1) A licensed exterminator is exempt from section 6 of the Act with respect to any transfer of pesticides brought about by the application of pesticides in the course of the exterminator’s business. O. Reg. 405/98, s. 50. (2) An area weed inspector designated under the Weed Control Act is exempt from section 6 of the Act with respect to the sale or transfer, in the course of the inspector’s duties, of a Schedule 2 or 3 pesticide that is a herbicide to a person who is authorized under the Act and this Regulation to use the pesticide. O. Reg. 405/98, s. 50. Records
Records
118. (1) Every holder of a vendor’s licence shall keep a record of each sale of a Schedule 1, 2 or 5 pesticide setting out, (a) the name and address of the purchaser; (b) the type and class of licence or permit to use, if any, held by the purchaser and the licence or permit number; and (c) a description of the pesticide sold, including the pesticide’s name, the pesticide’s registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), the Schedule under which the pesticide is classified, the unit size and the quantity. O. Reg. 405/98, s. 51 (1). (2) A record made under subsection (1) shall be kept by the holder of the vendor’s licence for a period of two years or such longer period as the Director may require by written notice. R.R.O. 1990, Reg. 914, s. 118 (2); O. Reg. 405/98, s. 51 (2). (3) Every vendor who receives a written request from the Director for any record kept under subsection (1) shall forward the record or a copy thereof to the Director within thirty days of receiving the request. R.R.O. 1990, Reg. 914, s. 118 (3). (4) The vendor shall produce any record kept under subsection (1) to a provincial officer when requested and the provincial officer may remove such record, or any portion thereof, in order to make copies. R.R.O. 1990, Reg. 914, s. 118 (4). (5) If the sale described in subsection (1) is to a certified agriculturist, the record kept under that subsection shall also set out, (a) the number and expiry date of the certified agriculturist’s certificate; and (b) if the pesticide was given to an agent of the certified agriculturist at the vendor’s premises, the name of the person to whom the pesticide was given. O. Reg. 405/98, s. 51 (3); O. Reg. 228/00, s. 17. Storage
Storage
119. No person shall store a pesticide in such a manner that the pesticide is likely to come into contact with food or drink intended for human or animal consumption. O. Reg. 27/91, s. 23.
Storage
120. (1) No person shall leave a Schedule 1, 2, 3, 4, 5 or 6 pesticide, whether mixed or diluted for use or not unsupervised in a vehicle unless the vehicle is located in a place inaccessible to the public or the pesticide is locked in an enclosed part or compartment of the vehicle. O. Reg. 27/91, s. 23; O. Reg. 228/00, s. 18 (1). (2) A person shall not leave a Schedule 1, 2, 3, 4, 5 or 6 pesticide, whether mixed or diluted for use or not unsupervised in a vehicle unless the vehicle displays, in clearly visible block letters, (a) the words “Warning” and “Authorized Persons Only”; and (b) the words “Chemical Storage” or “Pesticide Storage”. O. Reg. 405/98, s. 52; O. Reg. 228/00, s. 18 (2). (3) Subsection (2) does not apply to a person who is transporting the pesticide for domestic purposes. O. Reg. 405/98, s. 52.
Storage
121. (1) A person who stores a Schedule 1, 2, 3, 4, 5 or 6 pesticide shall do so in accordance with the following rules: 1. The pesticide shall be stored in such a manner that the pesticide is not likely to impair the health or safety of any person. 2. The pesticide shall be stored in an area that is maintained in good repair and in a clean and orderly condition with sufficient precautions taken to prevent the pesticide from contaminating the natural environment or any other pesticide stored in the same area. 3. The pesticide shall be stored in an area that has a warning sign prominently displayed at the entrances to the area bearing, in clearly visible block letters, i. the words “Warning” and “Authorized Persons Only”, and ii. the words “Chemical Storage” or “Pesticide Storage”. 4. The pesticide shall be stored in an area near which there is prominently displayed a list of emergency telephone numbers, including those of the fire department, hospital and poison control centre. O. Reg. 405/98, s. 53. (2) Subsection (1) does not apply to a person who is storing a pesticide for domestic purposes on land occupied by the person. O. Reg. 405/98, s. 53.
Storage
122. (1) No person shall store a Schedule 1, 2 or 5 pesticide unless, (a) the compartment, room or structure in which the pesticide is stored is ventilated to the outside atmosphere; (b) a placard is affixed and maintained on the outside of each door leading into the compartment, room or structure in which the pesticide is stored bearing, in clearly visible block letters, (i) the words “Warning” and “Authorized Persons Only”, and (ii) the words “Chemical Storage” or “Pesticide Storage”; (c) sufficient security measures are taken so that the express permission of the person responsible is required to enter the compartment, room or structure in which the pesticide is stored; and (d) if the pesticide is stored outdoors, sufficient security measures are taken so that the express permission of the person responsible for the pesticide is required to have access to the pesticide, and a placard is maintained near the pesticide bearing, in clearly visible block letters, (i) the words “Warning” and “Authorized Persons Only”, and (ii) the words “Chemical Storage” or “Pesticide Storage”. O. Reg. 27/91, s. 23; O. Reg. 405/98, s. 54; O. Reg. 228/00, s. 19. (2) No vendor, operator, exterminator or agriculturist shall store a Schedule 1, 2 or 5 pesticide except in an area, (a) that has no floor drain that leads into or drains directly or indirectly into a storm sewer, sanitary sewer or watercourse; and (b) near which adequate respiratory protection and adequate protective clothing are kept readily available for emergency purposes. O. Reg. 27/91, s. 23.
Storage
123. (1) No vendor, operator, exterminator or agriculturist shall store a Schedule 1 or 5 pesticide except in an area that is used exclusively for the storage of pesticides. O. Reg. 27/91, s. 23. (2) Revoked: O. Reg. 412/94, s. 2. Fire Department Notification
Fire Department Notification
124. (1) Every general vendor or limited vendor who stores a Schedule 1, 2, 3, 4, 5 or 6 pesticide for sale shall annually give a written notice in accordance with subsection (3) to the fire department responsible for the area in which the pesticide is stored. O. Reg. 405/98, s. 55. (2) Every operator who stores a Schedule 1, 2 or 5 pesticide for use shall annually give a written notice in accordance with subsection (3) to the fire department responsible for the area in which the pesticide is stored. O. Reg. 405/98, s. 55. (3) The notice shall be in the form or format approved by the Director, and shall identify the pesticide, describe its location and conditions of storage, and identify the person responsible for the pesticide. O. Reg. 405/98, s. 55. (4) Subsections (1) and (2) do not apply to pesticide that is temporarily stored in a vehicle. O. Reg. 405/98, s. 55. Display
Display
125. A general vendor or limited vendor who sells a Schedule 1, 2, 3, 4, 5 or 6 pesticide shall, (a) display a Schedule 1, 2 or 5 pesticide in such a manner that no person other than the licensee or the licensee’s employees has ready access to the pesticide; (b) display a Schedule 3 pesticide in such manner that such pesticide presents minimal hazard to children; and (c) not display a Schedule 1, 2, 3, 4, 5 or 6 pesticide on a shelf or in a display case that is adjacent to a shelf or display case containing food or drink intended for human or animal consumption or any other commodity which if contaminated by the pesticide may cause injury or damage to property or to plant or animal life or to any person. R.R.O. 1990, Reg. 914, s. 125; O. Reg. 27/91, s. 24; O. Reg. 405/98, s. 56. Transportation
Transportation
126. No person shall transport or cause or permit the transportation of a pesticide by a vehicle operated on any highway or road unless the pesticide is secured in a manner sufficient to prevent the escape or discharge of the pesticide from the vehicle. R.R.O. 1990, Reg. 914, s. 126.
Transportation
127. No person shall transport or cause or permit the transportation of any Schedule 1, 2, 3 or 5 pesticide together with commodities that are, (a) food or drink intended for human or animal consumption; (b) household furnishings; or (c) toiletries, clothes, bedding or similar commodities, by a vehicle operated on any highway or road unless the pesticide being transported is separated from such commodities in a manner sufficient to prevent their contamination or likely contamination by the pesticide. R.R.O. 1990, Reg. 914, s. 127.
Transportation
128. Revoked: O. Reg. 412/94, s. 3. Miscellaneous Exemptions
Miscellaneous Exemptions
129. (1) A person is exempt from the Act and the regulations if the person uses, stores, displays, sells or transports a pesticide which is a machine, apparatus, equipment, article, instrument, contrivance or gadget which does not utilize any, (a) Schedule 1, 2, 3, 4, 5 or 6 pesticide; or (b) chemical or microbiological agent. R.R.O. 1990, Reg. 914, s. 129 (1). (2) A person who uses, stores, displays, sells or transports a pesticide that is registered under the Pest Control Products Act (Canada) for use only in the extermination of microorganisms and that is not classified under this Regulation is exempt from the Act and regulations. R.R.O. 1990, Reg. 914, s. 129 (2). (3) Subsections 5 (1) and (2) of the Act and section 20, subsection 65 (1), subsection 120 (2) and paragraphs 3 and 4 of subsection 121 (1) of this Regulation do not apply in respect of an extermination that uses a Schedule 4 or 6 pesticide that is, (a) a tree wound dressing; (b) a wood preservative; (c) 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 (d) a product that contains only a single active ingredient and that ingredient is, (i) a soap, (ii) a mineral oil, or (iii) silicon dioxide, also called diatomaceous earth. O. Reg. 405/98, s. 58; O. Reg. 228/00, s. 20. (4) Subsections 5 (1) and (2) of the Act and subsection 65 (1) of this Regulation do not apply in respect of an extermination that uses a Schedule 3, 4 or 6 pesticide for injection into trees, stumps or wooden poles. O. Reg. 405/98, s. 58. (5) A person is exempt from the Act and this Regulation with respect to the storage, sale or transfer of a pesticide, if the pesticide is to be formulated into another pesticide, manufactured or incorporated into a product, or transported out of Ontario. O. Reg. 405/98, s. 58.
Miscellaneous Exemptions
130. A person who uses, stores or transports a pesticide for the treatment, control, mitigation or prevention of pests in or on people or animals is exempt from the requirements of the Act and the regulations thereunder for such use, storage or transportation if the person is, (a) a member of a College as defined in the Regulated Health Professions Act, 1991; (b) a medical officer of health or a member of the staff of a board of health under the Health Protection and Promotion Act; or (c) a member of the College of Veterinarians of Ontario. R.R.O. 1990, Reg. 914, s. 130; O. Reg. 405/98, s. 59.
Miscellaneous Exemptions
131. Revoked: O. Reg. 110/99, s. 4. TABLES 1, 2 Revoked: O. Reg. 110/99, s. 5. SCHEDULES 1-6 Revoked: O. Reg. 110/99, s. 5. FORMS 1-10 Revoked: O. Reg. 405/98, s. 60. FORM 11 Revoked: O. Reg. 110/99, s. 6.