PESTICIDES ACT - O. Reg. 228/00

ONTARIO REGULATION 228/00 made under the PESTICIDES ACT

Made: April 12, 2000 Filed: April 14, 2000

Amending Reg. 914 of R.R.O. 1990 (GENERAL) Note: Since the end of 1998, Regulation 914 has been amended by Ontario Regulation 110/99. Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. (1) The definition of “farm land” in section 1 of Regulation 914 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted: “farm land” means land that falls within the farmlands property class under section 7 of the Assessment Act; (2) Section 1 of the Regulation is amended by adding the following definition: “sell” means sell, transfer or offer to sell or transfer; 2. Subsection 5 (4) of the Regulation is revoked and the following substituted: (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). (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. 3. Subsection 6 (1) of the Regulation is revoked and the following substituted: (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 4. Subsection 17 (3) of the Regulation is revoked. 5. (1) Section 20.1 of the Regulation is amended by adding the following subsection: (1.1) While a licensed exterminator is engaged in assisting another holder of an exterminator’s licence in the performance of an extermination not authorized by the first–named exterminator’s licence, every provision of this Regulation affecting technicians applies to the first–named exterminator as if he or she were a technician, except the following provisions: 1. The definition of “technician” in section 1. 2. Subsection 19 (1.2). 3. Subsection (2) of this section. (2) Subsection 20.1 (2) of the Regulation is amended by striking out “working on a job” and substituting “assisting in the performance of an extermination”. (3) Subsection 20.1 (3) of the Regulation is amended, (a) by striking out “working on a job” and substituting “assisting in the performance of an extermination”; and (b) by striking out “and specifying the date when the employee started work”. (4) Section 20.1 of the Regulation is amended by adding the following subsection: (3.1) While a technician or trainee is actually carrying out an extermination, having the required document readily available at the site of the extermination is sufficient compliance with subsection (2) or (3). (5) Subsection 20.1 (6) of the Regulation is amended by striking out “job site” and substituting “extermination site”. (6) Subsection 20.1 (9) of the Regulation is amended by striking out “shall carry on his or her person” and substituting “shall have readily available at the extermination site”. (7) Subsection 20.1 (10) of the Regulation is amended by striking out “a job site” and substituting “an extermination site”. (8) Subsection 20.1 (11) of the Regulation is amended by striking out “job site” and substituting “extermination site”. (9) Subsection 20.1 (12) of the Regulation is revoked. 6. (1) Section 20.2 of the Regulation is amended by adding the following subsection: (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. (2) Subsection 20.2 (3) of the Regulation is revoked and the following substituted: (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. (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. (3) Subsection 20.2 (5) of the Regulation is amended by striking out “job site” and substituting “extermination site”. (4) Subsection 20.2 (7) of the Regulation is revoked. 7. Subsection 30.1 (4) of the Regulation is amended by striking out “a fumigant gas or a mixture of methyl bromide and chloropicrin” and substituting “a fumigant gas, chloropicrin or a mixture of methyl bromide and chloropicrin”. 8. Clause 37 (1) (d) of the Regulation is revoked and the following substituted: (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. 9. Paragraphs 1 and 7 of subsection 41 (2) of the Regulation are revoked and the following substituted: 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...... 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. 10. (1) Subsection 43 (1) of the Regulation is amended by striking out “a fumigant gas or a mixture of methyl bromide and chloropicrin” and substituting “a fumigant gas, chloropicrin or a mixture of methyl bromide and chloropicrin”. (2) Subsection 43 (2) of the Regulation is amended by striking out “a fumigant gas or a mixture of methyl bromide and chloropicrin” and substituting “a fumigant gas, chloropicrin or a mixture of methyl bromide and chloropicrin”. 11. Subsection 57 (2) of the Regulation is amended by striking out “in an apartment building”. 12. Section 79 of the Regulation is amended by striking out “person” wherever it appears and substituting in each case “trainee or technician”. 13. (1) Subsection 82 (1) of the Regulation is amended by striking out “Schedule 1, 2, 3, 4, 5 or 6 pesticide” and substituting “Schedule 2, 3, 4, 5 or 6 pesticide”. (2) Subsection 82 (2) of the Regulation is amended by striking out “Schedule 1, 2, 3, 4, 5 or 6 pesticide” and substituting “Schedule 2, 3, 4, 5 or 6 pesticide”. 14. (1) Section 94 of the Regulation is amended by adding the following subsections: (2.1) Certified agriculturists and assistant agriculturists shall be at least 16 years of age. (2.2) When handling or using pesticides on farm land, a certified agriculturist or assistant agriculturist shall have readily available a copy of a document confirming that he or she complies with subsection (1) or (2), as the case may be. (2) Subsection 94 (6) of the Regulation is revoked. (3) Subsection 94 (7) of the Regulation is amended by striking out “on or after January 1, 2000”. (4) Subsection 94 (8) of the Regulation is amended by striking out “on or after January 1, 2000” in the portion before clause (a). (5) Subsection 94 (9) of the Regulation is revoked and the following substituted: (9) An assistant agriculturist shall not mix, load or apply a Schedule 2 or 5 pesticide unless he or she is supervised by a certified agriculturist. (9.1) The certified agriculturist who supervises the assistant agriculturist shall, (a) be present at the site where the mixing, loading or application takes place; or (b) be on call as described in subsection (9.2). (9.2) A certified agriculturist who is on call for the purposes of clause (9.1) (b) shall, (a) in the case of a Schedule 5 pesticide, provide the assistant agriculturist with written instructions for the proper mixing, loading and application of the pesticide and ensure that the instructions are readily available at the site; and (b) in the case of a Schedule 2 or 5 pesticide, (i) be available for immediate response through an effective communication system, and (ii) be able to attend at the site to respond to an emergency situation within a period of time that is reasonable in the circumstances. (6) Section 94 of the Regulation is amended by adding the following subsection: (11) A certified agriculturist shall not supervise, at any one time, more than three assistant agriculturists for the purpose of subsection (9). 15. Subsection 109 (1) of the Regulation is amended by adding the following clause: (a.1) is at least 16 years of age; 16. Clause 111 (2) (b) of the Regulation is amended by striking out “a licensed structural exterminator” and substituting “a licensed structural or water exterminator”. 17. Subsection 118 (5) of the Regulation is amended by striking out “record that is required to be kept shall set out” in the portion before clause (a) and substituting “record kept under that subsection shall also set out”. 18. (1) Subsection 120 (1) of the Regulation is amended by striking out “Schedule 1, 2, 3, 4, 5 or 6 pesticide” and substituting “Schedule 1, 2, 3, 4, 5 or 6 pesticide, whether mixed or diluted for use or not”. (2) Subsection 120 (2) of the Regulation is amended by striking out “Schedule 1, 2, 3, 4, 5 or 6 pesticide” and substituting “Schedule 1, 2, 3, 4, 5 or 6 pesticide, whether mixed or diluted for use or not”. 19. Clause 122 (1) (c) of the Regulation is revoked and the following substituted: (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 20. Subsection 129 (3) of the Regulation is amended by striking out “subsection 65 (1) of this Regulation” in the portion before clause (a) and substituting “section 20, subsection 65 (1), subsection 120 (2) and paragraphs 3 and 4 of subsection 121 (1) of this Regulation”.

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