jswizzle3737/ontario_laws_and_regs huggingface dataset:
The Pesticides Advisory Committee
2. (1) The Committee shall meet, (a) at the request of the Minister; (b) at the request of the chair; or (c) at the request of any three members of the Committee. R.R.O. 1990, Reg. 914, s. 2 (1). (2) The secretary of the Committee shall, (a) keep a record of all business transacted at a meeting of the Committee; (b) have the custody of all reports, submissions and correspondence received by the Committee; and (c) produce the records and other documents mentioned in clause (b) for inspection when requested by the Minister or an officer of the Ministry designated by the Minister. R.R.O. 1990, Reg. 914, s. 2 (2). (3) Revoked: O. Reg. 110/99, s. 1. (4) Revoked: O. Reg. 110/99, s. 1.
The Pesticides Advisory Committee
3. (1) A member of the Committee shall be paid remuneration and expenses as follows: 1. For each day of attendance, for a period in excess of three hours, at a meeting of the Committee, or upon other official business of the Committee, i. $300 if the member is the chair or the vice-chair acting as chair, ii. $250 if the member is the vice-chair, or iii. $200 in any other case. 2. For each occasion that the member is engaged upon business of the Committee for a period in excess of one hour but not in excess of three hours for which remuneration would be paid under paragraph 1 except for the short duration of the business proceedings, one-half of the daily rate set out in paragraph 1. 3. Paragraph 1 applies in like manner for each day that the member is engaged for a period in excess of three hours, in preparation for a meeting or other official business of the Committee. 4. Paragraph 2 applies in like manner for each occasion that the member is engaged for a period in excess of one hour but not in excess of three hours, in preparation for a meeting or other official business of the Committee. 5. Necessary travel and other allowable expenses incurred by the member in the performance of his or her duties as a member of the Committee. 6. For each hour in a day in excess of nine and one-half hours, at a meeting of the Committee, upon other official business of the Committee, or travelling necessary to the official business of the Committee, .08 of the daily rate set out in paragraph 1. 7. Paragraphs 1, 2, 3, 4 and 6 do not apply to a member who is a Crown employee of the Government of Ontario or Canada who is a member in the course of his or her employment for the Crown. R.R.O. 1990, Reg. 914, s. 3 (1); O. Reg. 25/92, s. 1 (1). (2) No member receiving payment under paragraph 3 or 4 of subsection (1) shall receive more than one day’s payment with respect to any one day of meetings of the Committee, or upon other official business of the Committee. R.R.O. 1990, Reg. 914, s. 3 (2). (3) Subsection (2) does not apply if the chair authorizes more than one day’s preparation because of the quantity or complexity of the material required to be reviewed. O. Reg. 25/92, s. 1 (2). Application Form
Application Form
4. An application for a licence or permit shall be made on the appropriate form supplied by the Ministry. O. Reg. 405/98, s. 3. General Requirements for Exterminator’s Licence
General Requirements for Exterminator’s Licence
5. (1) An applicant for the issuance or renewal of any class of exterminator’s licence must meet the following qualifications: 1. The applicant must be at least 16 years of age. 2. The applicant must have grade 10 standing or other qualifications that the Director considers equivalent. 3. The applicant must have successfully completed, within the previous 12 months, a course approved by the Director for exterminators of the relevant class or must have other qualifications that the Director considers equivalent. 4. The applicant must be physically fit for the purpose of performing exterminations. O. Reg. 405/98, s. 4. (2) Unless the Director directs otherwise, paragraph 3 of subsection (1) does not apply to an applicant for the renewal of any class of exterminator’s licence unless the licence sought to be renewed expired or was revoked or surrendered more than 24 months before the application for renewal was made. O. Reg. 405/98, s. 4. (2.1) The Director may require an applicant for the issuance or renewal of an exterminator’s licence to provide a report from a legally qualified medical practitioner respecting the applicant’s physical fitness for the purpose of performing exterminations. O. Reg. 405/98, s. 4. (3) Every applicant for an exterminator’s licence and every exterminator shall notify the Director in writing of any change in the information furnished in or with the applicant’s application within ten days after the effective date of the change. R.R.O. 1990, Reg. 914, s. 5 (3); O. Reg. 27/91, s. 3 (1). (4) The holder of an exterminator’s licence shall carry the licence or a legible copy when carrying out an activity authorized by the licence, subject to subsection (5). O. Reg. 228/00, s. 2. (5) When carrying out an extermination, the holder may have the licence or a legible copy readily available at the extermination site instead of carrying it. O. Reg. 228/00, s. 2. Licences and Fees
Licences and Fees
6. (1) The fees shown in the following Table are payable for the issuance or renewal of a licence: TABLE  Type of licence

Fee


Operator’s licence

$200


Exterminator’s licence

90


General vendor’s licence

200


Limited vendor’s licence

110 O. Reg. 228/00, s. 3. (2) The fee for the issuance or renewal of a licence shall be submitted with the application. O. Reg. 405/98, s. 5.
Licences and Fees
7. An operator’s licence, or a renewal thereof, expires on the 15th day of February in the year following its issue. R.R.O. 1990, Reg. 914, s. 7.
Licences and Fees
8. An exterminator’s licence or a vendor’s licence, or a renewal of either of them, expires on the last day of the sixtieth month following the date upon which the licence or the renewal takes effect. R.R.O. 1990, Reg. 914, s. 8.
Licences and Fees
9. (1) An application for the issuance or renewal of a licence shall be made to the Director. O. Reg. 405/98, s. 6. (2) An application for a renewal of a licence shall be made in the case of, (a) an operator’s licence, at least thirty days prior to the expiry date of the licence; (b) an exterminator’s licence, at least thirty days prior to the expiry date of the licence; and (c) a vendor’s licence, at least sixty days prior to the expiry date of the licence. R.R.O. 1990, Reg. 914, s. 9 (2). Examiners
Examiners
10. (1) The Director shall appoint the examiners of applicants for licences. R.R.O. 1990, Reg. 914, s. 10 (1). (2) The term of an appointment as an examiner is three years and is subject to cancellation by the Director. R.R.O. 1990, Reg. 914, s. 10 (2). (2.1) An examiner may designate, in writing, another person to act as a substitute examiner in the place of an examiner for any examination specified in the designation. O. Reg. 27/91, s. 4. (3) An examiner, other than one who is a Crown employee, shall be paid, for each day that he or she is engaged upon work as an examiner, (a) $100; and (b) necessary travelling and other expenses. R.R.O. 1990, Reg. 914, s. 10 (3).
Examiners
11. Revoked: O. Reg. 405/98, s. 7.
Examiners
12. Revoked: O. Reg. 405/98, s. 8.
Examiners
13. Revoked: O. Reg. 405/98, s. 8. Operators’ Licences
Operators’ Licences
14. An operator’s licence is authority to operate an extermination business. O. Reg. 405/98, s. 9.
Operators’ Licences
15. (1) Every applicant for an operator’s licence or a renewal thereof shall submit such information and material as the Director may require with respect to the character, qualifications and financial responsibility of the applicant or where the applicant is a corporation, with respect to the corporation and the character and qualifications of the directors and officers of the corporation. R.R.O. 1990, Reg. 914, s. 15 (1); O. Reg. 405/98, s. 10 (1). (2) Where several persons intend to operate an extermination business in association with each other under the authority of one operator’s licence it is a requirement for the licence that each of such persons signs the application for the licence. R.R.O. 1990, Reg. 914, s. 15 (2). (3) Where the applicant is a corporation it shall designate on the application form the directors or officers who are the official representatives of the corporation and whose duty it is to ensure that the Act and the regulations thereunder are complied with and who shall sign the application. R.R.O. 1990, Reg. 914, s. 15 (3); O. Reg. 405/98, s. 10 (2). (4) Every applicant whose application is in the process of being considered and every operator shall notify the Director, in writing, of any change in the information furnished on the application form or under section 18 within ten days after the effective date of the change. O. Reg. 27/91, s. 6; O. Reg. 405/98, s. 10 (3).
Operators’ Licences
16. Revoked: O. Reg. 405/98, s. 11.
Operators’ Licences
17. (1) An applicant for an operator’s licence or a renewal thereof shall satisfy the Director that the applicant is at least eighteen years of age or, in the case of a corporation that the official representatives are each at least eighteen years of age. R.R.O. 1990, Reg. 914, s. 17; O. Reg. 405/98, s. 12 (1). (2) An applicant for the issuance or renewal of an operator’s licence shall satisfy the Director that, (a) the applicant is the holder of a current exterminator’s licence of any class, if the applicant is an individual; (b) at least one of the applicants is the holder of a current exterminator’s licence of any class, if the applicants are two or more individuals; or (c) at least one of the official representatives of the applicant is the holder of a current exterminator’s licence, if the applicant is a corporation. O. Reg. 405/98, s. 12 (2). (3) Revoked: O. Reg. 228/00, s. 4.
Operators’ Licences
18. (1) Subject to subsection (2), the Director may require an applicant for an operator’s licence or renewal thereof to appear before the Director and submit evidence and information respecting the qualifications of the applicant and any other person involved in the control and management of the extermination business. R.R.O. 1990, Reg. 914, s. 18 (1); O. Reg. 405/98, s. 13. (2) At least seven days before the appearance mentioned in subsection (1) the applicant shall be given notice of, (a) the date, time and place fixed for his or her appearance before the Director; and (b) the particulars of the information and evidence that the Director may require the applicant to produce. R.R.O. 1990, Reg. 914, s. 18 (2).
Operators’ Licences
19. (1) An operator shall not employ a person to assist in performing exterminations unless the person is a licensed exterminator, a technician or a trainee. O. Reg. 405/98, s. 14 (1). (1.1) An operator may employ people other than licensed exterminators, technicians and trainees to do work in connection with the operator’s business, but the operator shall ensure that, (a) they comply with subsection 20.1 (1); (b) they do not handle any pesticide unless it is in a sealed container; (c) they do not handle any empty plastic, glass or metal container that has been used to hold a Schedule 1, 2 or 5 pesticide unless the container has been rinsed in accordance with subsection 27 (1); (d) they do not do anything that is detrimental to the performance of an extermination, to public safety or to the environment; and (e) they do not suffer any harm as a result of exposure to a pesticide or the performance of an extermination. O. Reg. 405/98, s. 14 (1). (1.2) An operator shall employ at least one licensed exterminator for every three or fewer technicians and trainees who assist in performing exterminations. O. Reg. 405/98, s. 14 (1). (1.3) An operator shall ensure that every technician and trainee employed by the operator is supervised by a licensed exterminator. O. Reg. 405/98, s. 14 (1). (2) An operator who carries on business at more than one location shall, (a) have a licensed exterminator in charge at each location who is normally present at least once during each business day; (b) notify the Director of the address of each location and the name of the licensed exterminator in charge at each location; and (c) notify the Director of any change in the information furnished under clause (b) within ten days after the effective date of the change. R.R.O. 1990, Reg. 914, s. 19 (2). (3) Every holder of an operator’s licence shall display the licence or a legible copy thereof in a prominent place at each location where the holder carries on business. O. Reg. 27/91, s. 8. (4) In subsections (1), (1.1), (1.2) and (1.3), “operator”, in addition to the meaning it has in the Act, includes a person who, (a) is a licensed exterminator and performs exterminations, or (b) causes exterminations to be performed by a licensed exterminator who is, (i) an employee of the person, if the person is not a partnership or corporation, (ii) a partner or employee of the partnership, if the person is a partnership, or (iii) a director, officer or employee of the person, if the person is a corporation. O. Reg. 405/98, s. 14 (2). Insurance Requirements
Technicians and Trainees
20.2 (1) An exterminator shall not supervise at the same time a total of more than three technicians or trainees working at one or more exterminations. O. Reg. 405/98, s. 16. (1.1) Subsection (1) does not apply if the following conditions are satisfied: 1. A licensed exterminator is training a group of technicians or trainees. 2. The technicians or trainees take part in one or more exterminations as part of their training. 3. None of the exterminations in which the technicians or trainees take part is performed for payment. O. Reg. 228/00, s. 6 (1). (1.2) Despite subsection (1), an exterminator may supervise at the same time up to seven technicians or trainees working at one or more exterminations if the following conditions are satisfied: 1. The exterminator holds a Mosquito/Biting Flies water exterminator’s licence. 2. The exterminator is supervising only technicians or trainees who are working at water exterminations to control mosquito larvae. 3. Each extermination is performed pursuant to a permit issued under subsection 7 (2) of the Act authorizing the prevention or control of mosquito-borne disease. O. Reg. 229/03, s. 1. (2) An exterminator who supervises the work of a technician or trainee shall ensure that the technician or trainee carries out his or her work safely and in accordance with the Act and this Regulation. O. Reg. 405/98, s. 16. (3) An exterminator who supervises the work of a technician or trainee shall, (a) ensure that the technician or trainee receives any necessary training relating to the specific work that he or she will be performing; and (b) make a record respecting the training. O. Reg. 228/00, s. 6 (2). (3.1) The employer of the trainee or technician shall keep the record until at least two years after the trainee or technician leaves the employer’s employment. O. Reg. 228/00, s. 6 (2). (4) An exterminator who supervises the work of a technician shall ensure that the technician complies with subsection 20.1 (9). O. Reg. 405/98, s. 16. (5) An exterminator who supervises the work of a technician shall visit the technician at the extermination site at least once a week to observe the performance of the technician and on each visit shall enter his or her licence number on the written instructions referred to in subsection 20.1 (9), and shall sign and date the document. O. Reg. 405/98, s. 16; O. Reg. 228/00, s. 6 (3). (6) An exterminator who supervises the work of a trainee shall accompany and supervise the trainee at all times when the trainee is assisting the holder of an exterminator’s licence in the performance of an extermination. O. Reg. 405/98, s. 16. (7) Revoked: O. Reg. 228/00, s. 6 (4).
Technicians and Trainees
20.3 If a licensed exterminator is working on an extermination or is responsible for the conduct of an extermination, and other persons who are employed by the same operator but are not licensed exterminators, technicians or trainees are doing work in connection with the operator’s business at the location where the extermination is taking place, the licensed exterminator shall ensure that the other persons, (a) comply with subsection 20.1 (1); (b) do not handle any pesticide unless it is in a sealed container; (c) do not handle any empty plastic, glass or metal container that has been used to hold a Schedule 1, 2 or 5 pesticide unless the container has been rinsed in accordance with subsection 27 (1); (d) do not do anything that is detrimental to the performance of an extermination, to public safety or to the environment; and (e) do not suffer any harm as a result of exposure to a pesticide or the performance of the extermination. O. Reg. 405/98, s. 16. Classes of Pesticides
Classes of Pesticides
22. (1) Subject to subsection (3), no person shall use any pesticide in an extermination unless it is, (a) classified under this Regulation and registered and assigned a registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada); or (b) an imported pesticide that has been determined under the regulations made under the Pest Control Products Act (Canada) to be equivalent to a pesticide registered under the Pest Control Products Act (Canada). O. Reg. 412/94, s. 1; O. Reg. 405/98, s. 17. (2) Subject to subsection (3), no person shall use a pesticide in an extermination except in accordance with the label for that pesticide and this Regulation. O. Reg. 27/91, s. 10. (3) A person is exempt from subsections (1) and (2) and from subsections 5 (1) and 7 (1) of the Act for an extermination using a pesticide for the purpose of research or a test, (a) by a research centre, university or other institution of learning, a professional researcher from industry or the Government of Ontario, the Government of Canada or a person under the supervision or authority of a professional researcher from industry or the Government of Ontario or the Government of Canada, on the premises of such centre or institution, or on experimental premises obtained for this purpose; or (b) where approval of the extermination has been obtained from the Director at least seven days before the extermination is performed. R.R.O. 1990, Reg. 914, s. 22 (3). (4) Where an extermination is performed under subsection (3) on a food, feed or tobacco crop, the crop, if any, remaining at the conclusion of the research or test shall be destroyed by the person responsible for the extermination unless an alternative method for the disposal of the crop is approved by the Director. R.R.O. 1990, Reg. 914, s. 22 (4). (5) Revoked: O. Reg. 412/94, s. 1. (6) Revoked: O. Reg. 412/94, s. 1. (7) Revoked: O. Reg. 412/94, s. 1.
Classes of Pesticides
23. A water treatment chemical is exempted from the Act and this Regulation if its use is authorized under the Ontario Water Resources Act by an approval or a permit to take water for the purpose of discouraging or eliminating the attachment of molluscs to works under that Act. R.R.O. 1990, Reg. 914, s. 23.
Classes of Pesticides
24. No person shall purchase, acquire, store or use a pesticide unless the person is the holder of a vendor’s licence, operator’s licence or exterminator’s licence authorizing the holder to sell or use the pesticide or a pesticide reformulated from it or is exempt from requiring a vendor’s licence, operator’s licence or exterminator’s licence to sell or use such pesticide or a pesticide reformulated from it. O. Reg. 27/91, s. 11.
Classes of Pesticides
25. (1) No person shall use water from a well or from a lake, river or other surface water in performing an extermination unless the equipment used in taking the water or in the extermination is equipped with an effective device to prevent back-flow. O. Reg. 27/91, s. 11. (2) No person shall wash any equipment used to perform an extermination in or near a well or in or near a lake, river or other surface water in such a manner that any pesticide may be directly or indirectly discharged into a well or into a lake, river or other surface water. O. Reg. 27/91, s. 11. Containers
Containers
26. (1) No person shall have possession of a pesticide other than in the container in which it was originally offered for sale. R.R.O. 1990, Reg. 914, s. 26 (1); O. Reg. 405/98, s. 18 (1). (2) Subsection (1) does not apply to a person, (a) who is performing an extermination in accordance with the Act and this Regulation; or (b) who places the pesticide into a secondary container of a type and composition that is customarily used or approved by the pesticide’s manufacturer for that pesticide and that bears a label stating, (i) the trade name or common name and the concentration of each active ingredient in the pesticide, and (ii) the pesticide’s registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada). R.R.O. 1990, Reg. 914, s. 26 (2); O. Reg. 405/98, s. 18 (2).
Containers
28. (1) If the original container of a Schedule 1, 2, 3 or 5 pesticide is damaged or broken, the person responsible for the pesticide shall ensure that, (a) under the direction of the person who registered the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), (i) any spillage is cleaned up to the satisfaction of the Director, and (ii) any area, carrier or commodity that came in contact with the pesticide is decontaminated to the satisfaction of the Director; (b) any pesticide that is to be kept is stored in a container that is equivalent to the one that was damaged or broken and that bears a label stating, (i) the trade name or common name, and the concentration of, each active ingredient in the pesticide, and (ii) the pesticide’s registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada); (c) the container that was damaged or broken is dealt with under section 27 as if it were an empty container; (d) any pesticide that is not going to be kept is disposed of in accordance with Part V of the Environmental Protection Act and Regulation 347 of the Revised Regulations of Ontario, 1990 made under that Act, or in another manner approved by the Director as affording a satisfactory level of protection for human health and the environment; and (e) any water or other solvent used for cleaning up or decontaminating under clause (a) is disposed of in accordance with Part V of the Environmental Protection Act and Regulation 347 of the Revised Regulations of Ontario, 1990 made under that Act, or in another manner approved by the Director as affording a satisfactory level of protection for human health and the environment. O. Reg. 405/98, s. 20. (2) Subsection (1) does not apply if the container that was damaged or broken was used to hold a Schedule 3 pesticide and had a label marked “domestic”. O. Reg. 405/98, s. 20. Fires, Accidents, Thefts
Fires, Accidents, Thefts
29. (1) The person responsible for a pesticide shall forthwith notify the Director in the event of a fire or other occurrence that may result in the pesticide being released into the environment out of the normal course of events, if the release, (a) would be likely to cause impairment of the quality of the environment for any use that can be made of it; (b) would be likely to cause injury or damage to property or to plant or animal life; (c) would be likely to cause harm or material discomfort to any person; (d) would be likely to adversely affect the health of any person; (e) would be likely to impair the safety of any person; or (f) would be likely to render directly or indirectly any property or plant or animal life unfit for use by humans. O. Reg. 405/98, s. 21. (2) The person responsible for a pesticide shall forthwith notify the Director whenever any pesticide is stolen or otherwise passes out of the person’s possession or control other than in the normal course of affairs. R.R.O. 1990, Reg. 914, s. 29 (2). Structural Exterminations
Structural Exterminations
30. A land extermination that uses a fumigant gas or a mixture of methyl bromide and chloropicrin shall be deemed to be a structural extermination for the purposes of the Act and this Regulation. O. Reg. 405/98, s. 22. Structural Exterminators’ Licences
Structural Exterminators’ Licences
30.1 (1) The following classes of structural exterminators’ licences are prescribed: 1. Fumigation — General. 2. Fumigation — Soil. 3. Fumigation — Commodity. 4. Fumigation — Vault. 5. Structural. 6. Termite. 7. Greenhouse/Interior Plant. O. Reg. 405/98, s. 22. (2) Every structural exterminator’s licence shall specify the class of licence for which it has been issued. O. Reg. 405/98, s. 22. (3) A Fumigation — General licence is authority for the use of a fumigant gas or chloropicrin in a structural extermination. O. Reg. 405/98, s. 22. (4) A Fumigation — Soil licence is authority for the use of a fumigant gas, chloropicrin or a mixture of methyl bromide and chloropicrin in a structural extermination of soil, greenhouse soil beds or nursery soil, if the extermination is conducted under a covering that suppresses the release of gas. O. Reg. 405/98, s. 22; O. Reg. 228/00, s. 7. (5) A Fumigation — Commodity licence is authority for the use of aluminum phosphide, magnesium phosphide and phosphine in a structural extermination of material in a silo, bin, vehicle or other form of close containment, and includes authority for the use of insecticides that are Schedule 2, 3, 4 or 6 pesticides for pests associated with the material. O. Reg. 405/98, s. 22. (6) A Fumigation — Vault licence is authority for the use of methyl bromide, ethylene oxide or carbon dioxide in a structural extermination carried on in a vault that meets the criteria set out in subsection 39 (1). O. Reg. 405/98, s. 22. (7) A Structural licence is authority for the use of pesticides in a structural extermination, but does not include authority for the use of herbicides, fumigant gases, chloropicrin or termiticides and does not include authority for the use of pesticides to control pests of plants growing inside greenhouses and other buildings or structures. O. Reg. 405/98, s. 22. (8) A Termite licence is authority for the use of insecticides in a structural extermination to prevent or control termites, but does not include authority for the use of a fumigant gas. O. Reg. 405/98, s. 22. (9) A Greenhouse/Interior Plant licence is authority for the use of pesticides in an extermination to control pests of plants growing inside greenhouses and other buildings or structures, and includes authority for the use of pesticides in areas immediately surrounding the greenhouses, buildings or other structures but does not include authority for the use of a fumigant gas. O. Reg. 405/98, s. 22.
Structural Exterminators’ Licences
31. Revoked: O. Reg. 405/98, s. 23. Structural Extermination Permits
Structural Extermination Permits
32. (1) A Schedule 1, 2, 3 or 5 pesticide used in a structural extermination is prescribed for the purpose of subsection 7 (1) of the Act. O. Reg. 405/98, s. 24. (2) A Schedule 4 or 6 pesticide used in a structural 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 structural exterminator’s licence, unless the person is not required to hold a structural exterminator’s licence for that extermination. O. Reg. 405/98, s. 24.
Structural Extermination Permits
32.1 If the permit so provides, the holder of a permit issued under subsection 7 (1) of the Act in respect of a structural extermination is exempt from subsection 5 (1) of the Act for the extermination specified in the permit. O. Reg. 405/98, s. 25.
Structural Extermination Permits
33. (1) The holder of any class of structural exterminator’s licence is exempt from subsection 7 (1) of the Act with respect to the use of a Schedule 2, 3 or 5 pesticide in a structural extermination authorized by the licence. O. Reg. 405/98, s. 26. (2) Any person exempt from the licensing requirement of subsection 5 (1) of the Act for a structural extermination by means of a Schedule 2 or 3 pesticide is also exempt from subsection 7 (1) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 33 (2). General Requirements for Structural Exterminations by Fumigation using Fumigant Gas or Chloropicrin
General Requirements for Structural Exterminations by Fumigation using Fumigant Gas or Chloropicrin
34. (1) A person who is required under sections 35 to 43 to have adequate respiratory protection during a fumigation or airing out shall have adequate respiratory protection on his or her person and shall employ such protection at such times or in such circumstances as the pesticide label requires. O. Reg. 405/98, s. 27. (2) If a fumigation has taken place and tests are required to be performed under sections 35 to 43 to determine whether airing out is completed, the tests shall be performed using appropriate gas monitoring equipment or systems that have the ability to detect and measure the gas produced by the pesticide used, with the accuracy appropriate to the concentrations referred to in subsection (3). O. Reg. 405/98, s. 27. (3) If a fumigation has taken place, the airing out is not completed until, throughout the building, vault, vehicle or structure in which the extermination was performed, the concentration of the gas produced by the pesticide used is at or below, (a) the concentration specified on the pesticide’s label; and (b) the concentration specified in Column 2 or 3 of the following Table for the pesticide, whichever is appropriate for the measuring device being used: TABLE  Column 1

Column 2

Column 3


Gas Produced by Pesticide

Concentration (mg/m3)

Concentration (ppm by volume)


Phosphine gas

0.40

0.30


Carbon dioxide

9000

5000


Chloropicrin

0.67

0.10


Hydrocyanic acid gas

5.00

4.40


Ethylene oxide

1.80

1.00


Methyl bromide

12.00

3.00 O. Reg. 405/98, s. 27. Structural Exterminations — General Space Fumigations using Fumigant Gas or Chloropicrin
Structural Exterminations — General Space Fumigations using Fumigant Gas or Chloropicrin
35. (1) Sections 36, 37 and 38 apply to structural exterminations in which fumigant gas or chloropicrin is used in a general space fumigation of a building or a portion of a building. O. Reg. 405/98, s. 27. (2) Every applicant for a permit for a structural extermination mentioned in subsection (1) shall hold a Fumigation-General structural exterminator’s licence. O. Reg. 405/98, s. 27.
Structural Exterminations — General Space Fumigations using Fumigant Gas or Chloropicrin
36. (1) At least 24 hours before but not more than seven days before performing an extermination mentioned in section 35, the exterminator shall deliver a notice in writing, (a) to the owner or a representative of the owner of the building where the extermination is to be performed, and, where the building contains one or more dwelling units, to every occupant 16 years of age or over of every dwelling unit; (b) to the owner or a person apparently in charge of, (i) every building physically attached to the building where the extermination is to be performed, (ii) every building on the same parcel of land as the building where the extermination is to be performed, and (iii) every building so located that the extermination constitutes an actual or potential hazard to the occupants; and (c) to the medical officer of health, the police force and the fire department responsible for the area in which the extermination is to be performed. O. Reg. 405/98, s. 27. (2) Every notice under subsection (1) shall set out, (a) the address where the extermination is to be performed; (b) the name of the exterminator and the exterminator’s emergency phone number; (c) the pesticide being used; (d) the date when it is proposed to perform the extermination; (e) that occupants are to vacate and remain out of the building where the extermination is to be performed, and every building physically attached to that building, during the periods of extermination and airing out; and (f) such other information as the Director may require. O. Reg. 405/98, s. 27. (3) The exterminator shall ensure that the building where the extermination is to be performed, and every building physically attached to that building, is unoccupied during the periods of extermination and airing out. O. Reg. 405/98, s. 27. (4) Within seven days after the extermination has been completed, the exterminator shall notify the Director of the completion and of any unexpected or adverse consequences. O. Reg. 405/98, s. 27.
Structural Exterminations — General Space Fumigations using Fumigant Gas or Chloropicrin
37. (1) Before an extermination mentioned in section 35 is performed, the exterminator shall, (a) seal all openings in the building or the portion of the building in which the extermination is to be performed, including drains, ducts, vents and cracks, in a manner that suppresses the release of gas; (b) remove from the building or the portion of the building in which the extermination is to be performed all substances that are not compatible with the pesticide being used; (c) lock all doors and entrances to the building in which the extermination is to be performed, and all doors and entrances to every building physically attached to that building; and (d) post a warning placard at all entrances to the building in which the extermination is to be performed, and at all entrances to every building physically attached to the building, and ensure that each warning placard is sufficiently illuminated at all times to allow it to be read. O. Reg. 405/98, s. 27; O. Reg. 228/00, s. 8. (2) During the extermination and until the airing out is completed, the exterminator shall ensure that, (a) the required warning placards remain posted; (b) no person enters or remains in the building where the extermination is being or has been performed, or any building physically attached to that building, except a licensed exterminator authorized to use the fumigant that is being used; (c) a person mentioned in clause (2) (b) who enters the building where the extermination is being performed, or any building physically attached to that building, employs adequate respiratory protection and is accompanied by at least one other person mentioned in clause (2) (b) who also employs adequate respiratory protection; (d) adult guards are posted in a manner sufficient to prevent any unauthorized person from entering the building where the extermination is being performed, any building physically attached to that building or any area surrounding the buildings in which unauthorized persons might come to harm. O. Reg. 405/98, s. 27.
Structural Exterminations — General Space Fumigations using Fumigant Gas or Chloropicrin
38. After completion of an extermination mentioned in section 35, the exterminator shall, (a) circulate fresh air to every air space in the building where the extermination was performed, and to every air space in every building physically attached to that building, so that fresh air is circulated to all such spaces for whatever period of time is necessary to complete the airing out; and (b) perform tests in every room of the building in which the extermination was performed, and in every room of every building physically attached to that building, to determine whether airing out is completed. O. Reg. 405/98, s. 27. Structural Exterminations — Fumigations of Vaults
Structural Exterminations — Indoor Fumigations under Coverings or inside Sealed Containers
40. (1) The following conditions apply to an extermination in which a fumigant gas, chloropicrin or a mixture of methyl bromide and chloropicrin is used inside a building, if the gas is enclosed inside a sealed container or under a covering that suppresses the release of gas: 1. The exterminator shall satisfy himself or herself that the building is located far enough away from any other building, structure or area where humans may be exposed to prevent adverse effects. 2. The exterminator shall ensure that no person enters or remains in the building during the extermination or airing out, except a licensed exterminator authorized to use the fumigant that is being used. 3. 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. 4. All persons present during the introduction of the fumigant and the airing out period shall have adequate respiratory protection. 5. The exterminator shall lock the doors of the building by means of a padlock immediately after the introduction of the fumigant, shall keep the doors locked until the airing out begins, and shall keep the keys in his or her possession. 6. The exterminator shall post a warning placard on the covering or sealed container and all entrances to the building. 7. The exterminator shall ensure that the required warning placards remain posted during the extermination and until the airing out is completed. 8. The exterminator shall perform tests in every room of the building in which the extermination was performed to determine whether airing out is completed. O. Reg. 405/98, s. 27. (2) The holder of a Fumigation — General, Fumigation — Commodity or Fumigation — Soil structural exterminator’s licence is exempt from subsection 7 (1) of the Act for an extermination in which a fumigant gas, chloropicrin or a mixture of methyl bromide and chloropicrin is authorized by the licence and is used inside a building, if the gas is enclosed inside a sealed container or under a covering that suppresses the release of gas. O. Reg. 405/98, s. 27. Structural Exterminations — Fumigations in Vehicles or Specified Structures
Structural Exterminations — Fumigations of Rodent Burrows
42. The holder of a Fumigation — General structural exterminator’s licence is exempt from subsection 7 (1) of the Act for an extermination of rodents in which a fumigant gas or chloropicrin is used in burrows in the ground, if, (a) the burrows do not open into a building; (b) any rat burrow entrances are greater than 3 metres from a building; (c) any groundhog burrow entrances are greater than 10 metres from a building; and (d) the exterminator and every other person present has adequate respiratory protection. O. Reg. 405/98, s. 27. Structural Exterminations — Outdoor Fumigations of Soil
Structural Exterminations — Outdoor Fumigations of Soil
43. (1) The following conditions apply to an extermination of soil in which a fumigant gas, chloropicrin or a mixture of methyl bromide and chloropicrin is used, if the soil is not inside a building and the gas is enclosed under a covering that suppresses the release of gas: 1. The exterminator shall satisfy himself or herself that the soil is located far enough away from any building, structure or area where humans may be exposed to prevent adverse effects. 2. The exterminator and every other person present during the extermination shall have adequate respiratory protection. O. Reg. 405/98, s. 27; O. Reg. 228/00, s. 10 (1). (2) The holder of a Fumigation — General or Fumigation — Soil structural exterminator’s licence is exempt from subsection 7 (1) of the Act for an extermination of soil in which a fumigant gas, chloropicrin or a mixture of methyl bromide and chloropicrin is used and is authorized by the licence, if the soil is not inside a building and the gas is enclosed under a covering that suppresses the release of gas. O. Reg. 405/98, s. 27; O. Reg. 228/00, s. 10 (2).
Structural Exterminations — Outdoor Fumigations of Soil
44. Revoked: O. Reg. 405/98, s. 27.
Structural Exterminations — Outdoor Fumigations of Soil
45. Revoked: O. Reg. 405/98, s. 27.
Structural Exterminations — Outdoor Fumigations of Soil
46. Revoked: O. Reg. 162/94, s. 1. Structural Exterminations — Strychnine and Zinc Phosphide
Structural Exterminations — Strychnine and Zinc Phosphide
47. If a pesticide containing strychnine or zinc phosphide is used in a structural extermination, the exterminator shall, (a) place the pesticide so that it is inaccessible to humans and to animals that are not targeted by the extermination; (b) use the pesticide so that it is unlikely to come into contact with food or drink intended for consumption by humans or animals; (c) make a record, during the extermination, of the number and location of the sites where the pesticide is placed; and (d) remove the pesticide from every site when the extermination is completed. O. Reg. 405/98, s. 28. Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
48. (1) A person shall not use a Schedule 1, 2 or 5 pesticide as a suspension in air in a structural extermination unless the person holds a structural exterminator’s licence (Fumigation — Commodity), structural exterminator’s licence (Structural) or structural exterminator’s licence (Greenhouse/Interior Plant) that authorizes use of the pesticide. O. Reg. 405/98, s. 28. (2) A person shall not use a Schedule 1 or 5 pesticide as a suspension in air in a structural extermination unless the person is accompanied by another person who holds a licence referred to in subsection (1) that authorizes use of the pesticide. O. Reg. 405/98, s. 28. (3) A person shall not use a Schedule 2 pesticide as a suspension in air in a structural extermination unless the person is accompanied by, (a) another person who holds a licence referred to in subsection (1) that authorizes use of the pesticide; or (b) a technician or trainee. O. Reg. 405/98, s. 28.
Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
49. If a structural extermination is performed by means of a Schedule 1, 2 or 5 pesticide as a suspension in air, the exterminator shall, (a) before introduction of the pesticide, (i) lock, from the outside, all doors leading into the building, except for the door that the exterminator will use for access, (ii) post a warning placard on the outside of all doors leading into the building, and (iii) ensure that the building is vacant; and (b) after introduction of the pesticide, (i) leave the building and lock the remaining door, and (ii) ensure that no person enters the building until the building is free of the pesticide as a suspension in air. O. Reg. 405/98, s. 28.
Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
50. Revoked: O. Reg. 405/98, s. 28.
Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
51. Revoked: O. Reg. 405/98, s. 28.
Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
52. Revoked: O. Reg. 405/98, s. 28.
Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
53. Revoked: O. Reg. 405/98, s. 28.
Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
54. Revoked: O. Reg. 405/98, s. 28.
Structural Exterminations — Schedules 1, 2 and 5 Pesticides used as a Suspension in Air
55. Revoked: O. Reg. 405/98, s. 28. Structural Extermination Licence Exemptions
Structural Extermination Licence Exemptions
56. A person is exempt from subsection 5 (1) of the Act for an extermination by means of a Schedule 3 pesticide if the person, (a) is a householder and performs the extermination in the house which he or she occupies; or (b) is a tenant of an apartment or flat which he or she has rented and performs the extermination in the apartment or flat occupied by him or her. R.R.O. 1990, Reg. 914, s. 56.
Structural Extermination Licence Exemptions
57. (1) Where a person performs an extermination by means of a Schedule 4 or 6 pesticide on premises owned or occupied by him or her 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. 57 (1). (2) Subsection (1) applies in respect of an extermination of a tenanted apartment only if the person who performs the extermination is the tenant. R.R.O. 1990, Reg. 914, s. 57 (2); O. Reg. 228/00, s. 11.
Structural Extermination Licence Exemptions
58. Revoked: O. Reg. 405/98, s. 29.
Structural Extermination Licence Exemptions
59. An inspector under the Bees Act who is engaged in destroying bees by extermination under the authority of that Act by means of a fumigant gas and who holds a permit for the extermination issued by the Director is exempt from subsection 5 (1) of the Act. O. Reg. 405/98, s. 30.
Structural Extermination Licence Exemptions
60. Revoked: O. Reg. 405/98, s. 30.
Structural Extermination Licence Exemptions
61. (1) Where a person is the holder of a permit for a structural extermination by means of a Schedule 2 or 3 pesticide, he or she is exempt from subsection 5 (1) of the Act for that extermination. R.R.O. 1990, Reg. 914, s. 61. (2) Revoked: O. Reg. 405/98, s. 31. Prohibited Pesticides
Prohibited Pesticides
62. (1) No person shall use, handle, store, sell, transport or dispose of a pesticide that contains aldrin, chlordane, chlordecone, dichlorodiphenyltrichloroethane (DDT), dieldrin or endrin. O. Reg. 162/94, s. 3. (2) Despite subsection (1), a pesticide described 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. 162/94, s. 3. Land Exterminators’ Licences
Land Exterminators’ Licences
63. (1) The following classes of land exterminators’ licences are prescribed: 1. Landscape. 2. Forestry. 3. Industrial Vegetation. 4. Agriculture. 5. Aerial. O. Reg. 405/98, s. 32. (2) Every land exterminator’s licence shall specify the class of licence for which it has been issued. O. Reg. 405/98, s. 32. (3) A Landscape licence is authority for the use of pesticides in a land extermination for the maintenance of turf or ornamental plantings on residential, recreational, commercial or public land or for the maintenance of ornamental plants intended for sale, but does not include authority for the use of a fumigant gas. O. Reg. 405/98, s. 32. (4) For the purpose of subsection (3), maintenance on a property of turf, ornamental plantings or ornamental plants intended for sale includes, (a) maintenance of the outside of buildings or structures on the property by means of structural exterminations; (b) maintenance of treed areas on the property that do not exceed one hectare in size; and (c) maintenance of rights of way or other easements that benefit the property, as long as the rights of way or other easements can be reached from the property without crossing a public road. O. Reg. 405/98, s. 32. (5) A Forestry licence is authority for the use of pesticides in a land extermination for forest management or the growing and maintenance of trees, but does not include authority for the use of a fumigant gas. O. Reg. 405/98, s. 32. (6) An Industrial Vegetation licence is authority for the use of herbicides in a land extermination to control vegetation on rights of way, roadsides, utility easements or other areas that give access to works or equipment, or in sewers, and includes authority for the use of insecticides and fungicides on inground wooden poles, but does not include authority for the use of a fumigant gas. O. Reg. 405/98, s. 32. (7) An Agriculture licence is authority for the use of pesticides in a land extermination for the production of livestock, poultry or agricultural crops, including Christmas trees and sod, and includes authority for the use of pesticides in an extermination on animals in a farm structure and authority for the use of aluminum phosphide, magnesium phosphide or phosphine to control groundhogs, but does not include authority for any other use of fumigant gases or for any other use of pesticides inside greenhouses or other structures. O. Reg. 405/98, s. 32. (8) An Aerial licence is authority for the use of pesticides applied by airborne machines in a land extermination or water extermination. O. Reg. 405/98, s. 32. Land Extermination Notification Requirements definitions
Land Extermination Notification Requirements
64. In sections 65 to 79, “application area” means land on which a land extermination is performed or intended to be performed; “public area sign” means a sign that meets the requirements for a public area sign set out in subsection 74 (1) and in sections 75 and 76; “residential area sign” means a sign that meets the requirements for a residential area sign set out in subsection 74 (2) and in sections 75 and 76. O. Reg. 500/92, s. 1. public areas