Pesticides and Fertilizers Licence Regulation

Pesticides and Fertilizers Licence Regulation, M.R. 216/87 R The Pesticides and Fertilizers Control Act , C.C.S.M. c. P40 Regulation 216/87 R Registered May 29, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Licence fee, expiration date and other requirements 3 Applying for a licence 4 Repealed 5 Qualifications for a licence 5.1 Restrictions on displaying products containing capsaicin 5.2 Conditions of licences 6 Keeping records about transactions 7 Disposal of pesticides and containers 8 Exceptions 9 Suspending or refusing a licence 10 Insurance requirements Schedule Definitions 1 The following definitions apply in this regulation. "Act" means The Pesticides and Fertilizers Control Act . («  Loi  ») "commercial" , in relation to a pesticide, means that it is within the class of commercial pest control products provided for in section 5 of the Pest Control Products Regulations . (« commercial ») "domestic" , in relation to a pesticide, means that it is within the class of domestic pest control products provided for in section 5 of the Pest Control Products Regulations . (« domestique ») " Pest Control Products Regulations " means the Pest Control Products Regulations , SOR/2006-124, made under the Pest Control Products Act (Canada). («  Règlement sur les produits antiparasitaires  ») "pesticide dealer" means a person who sells a pesticide in a retail sale or displays or offers a pesticide for retail sale. (« vendeur de produits antiparasitaires ») "restricted" , in relation to a pesticide, means that it is within the class of restricted pest control products provided for in section 5 of the Pest Control Products Regulations . (« restreint ») "retail sale" means the sale of a product to a person for the purpose of the product's use and not for its resale. (« vente au détail ») M.R. 185/2008 Licence fee, expiration date and other requirements 2(1) The fee for a pesticide dealer licence, a commercial applicator licence or the renewal of such a licence (a) is $50 if the licence or renewal is in respect of a licence period that ends on or before December 31, 2010; and (b) is $100 if the licence or renewal is in respect of a licence period that begins on or after January 1, 2011. 2(2) A pesticide dealer licence or commercial applicator licence expires on December 31 of the year in respect of which it is issued. 2(3) A pesticide dealer must have a separate pesticide dealer licence for each location at which it sells pesticides by retail sale or displays or offers pesticides for retail sale. 2(4) A person who holds a pesticide dealer licence or commercial applicator licence must prominently display the licence at his or her place of business. M.R. 53/94; 172/2001 ; 185/2008 ; 159/2010 Applying for a licence 3 A person who applies for a pesticide dealer licence or commercial applicator licence must (a) apply on the application form approved by the minister for the type of licence; and (b) provide the minister with the information that the minister requires, including, but not limited to, details of (i) the type of activity that the person will carry on under the licence, and (ii) the kind of pesticide that the person will sell or apply under the licence. M.R. 185/2008 4 [Repealed] M.R. 185/2008 Qualifications for a licence 5 A person who applies for a pesticide dealer licence or commercial applicator licence (a) may be required to attend a course, approved by the minister, respecting use and control of pesticides; (b) shall satisfy the minister that he is a person qualified in the use and control of pesticides; and (c) if an aerial applicator, shall provide proof that he or she holds a valid Operating Certificate or proof of a Flying Farmer Exemption issued by the Minister of Transport under the Aeronautics Act (Canada). M.R. 53/94; 185/2008 ; 159/2010 Restrictions on displaying products containing capsaicin 5.1(1) The holder of a pesticide dealer licence (a) must not display, shelve or store a pesticide containing capsaicin in a place where the public has access to the pesticide without the intervention of an employee of the licence holder; and (b) must ensure that every person wishing to buy a pesticide containing capsaicin in a retail sale at the licence holder's place of business is required to ask for the pesticide from the licence holder or one of his or her employees. 5.1(2) It is a condition of every pesticide dealer licence that the licence holder must comply with subsection (1). M.R. 185/2008 Conditions of licences 5.2(1) The minister may issue a pesticide dealer licence or commercial applicator licence subject to any conditions that he or she considers appropriate. 5.2(2) Without limiting the generality of subsection (1), the minister may, by imposing conditions on the licence, restrict the licence holder to any or all of the following: (a) carrying on only one activity or only certain activities under the licence; (b) selling or applying only one pesticide or only certain pesticides under the licence. 5.2(3) In deciding whether to impose a condition under subsection (2), the minister must consider the person's qualifications and experience and the information that the person has provided under subclauses 3(b)⁠(i) and (ii). 5.2(4) The holder of a pesticide dealer or commercial applicator licence must comply with any conditions imposed in relation to the licence. M.R. 185/2008 Keeping records about transactions 6(1) A person who holds a pesticide dealer licence must keep a record of all commercial and restricted pesticides that he or she sells. 6(1.1) The records required by subsection (1) must be kept in the form set out in Form 3 in the Schedule. 6(2) A person who purchases a restricted pesticide must (a) if the pesticide does not contain capsaicin, complete and sign a declaration in the form set out in Form 4 in the Schedule; or (b) if the pesticide contains capsaicin, complete and sign a declaration in the form set out in Form 7 in the Schedule and provide government-issued photo identification to the vendor. 6(2.1) A person must not sell a restricted pesticide to another person unless (a) the purchaser completes and signs the declaration form required by subsection (2); and (b) if the pesticide contains capsaicin, (i) the purchaser provides government-issued photo identification to the vendor and the vendor verifies the information provided on the declaration form with the purchaser's government-issued photo identification, and (ii) the vendor completes and signs the vendor's portion of the declaration form. 6(2.2) [Repealed] M.R. 29/2023 6(3) A person who holds a pesticide dealer licence must submit the following to the minister in each year that they hold a licence: (a) annually, on or before October 31 in each year, (i) a copy of their records of sales of commercial and restricted pesticides in the form required by subsection (1.1), (ii) copies of the Form 4 declarations of purchasers of commercial and restricted pesticides; (b) annually, on or before October 31 in each year, or on request of the minister, copies of the Form 7 declarations for restricted pesticides containing capsaicin. 6(4) Every person licensed as a commercial applicator under the Act shall record within 24 hours of every application of pesticides and maintain for three years the following information for each application job: (a) customer's name; (b) mailing address of customer; (c) date and time of application, spraying or treatment; (d) legal description of area and total area; (e) type of crop or property treated; (f) stage of crop growth; (g) weeds, pest or other purpose of application or treatment; (h) wind direction and velocity at time of application or treatment; (i) air temperature at time of application or treatment; (j) name, formulation and concentration of pesticide used; (k) total amount of pesticide applied; (l) Pest Control Products Act (Canada) registration number of pesticide used; (m) carrier used (water, fuel oil or other) and amount per unit area; (n) adjacent crops; (o) remarks. M.R. 302/87; 185/2008 ; 29/2023 Disposal of pesticides and containers 7 A person who uses, applies or possesses a pesticide must comply with The Environment Act , The Public Health Act and the regulations under those Acts when he or she disposes of the pesticide container and any unused pesticide. M.R. 185/2008 Exceptions 8(1) Subject to subsection (1.1), the following products and substances are exempt from the definitions "fertilizer" and "pesticide" set out in section 1 of the Act: (a) all pesticide products classified as "Domestic" under the Pest Control Products Act, (Canada); (b) all fertilizers; (c) any product or substance that is designated primarily as an animal repellent, antimicrobial, bactericide, fabric protectant, feed preservative, pruning paint, slime control agent, or wood preservative. 8(1.1) Despite clauses (1)⁠(a) and (c), the following products and substances are not exempt from the definition "pesticide" set out in section 1 of the Act: (a) a pesticide product containing capsaicin that is classified as "Domestic" under the Pest Control Products Act (Canada); (b) a product or substance containing capsaicin that is designated primarily as an animal repellent. 8(2) A farmer is not considered a commercial applicator when the total of pesticide application off his farm is less than 500 ha, and work is carried out for not more than three individuals in any year. M.R. 172/2001 ; 185/2008 ; 159/2010 Suspending or refusing a licence 9(1) The Pesticides Advisory Committee shall conduct the hearings under subsection (3) and perform such other duties and functions relating to the administration of the Act and regulations as the Lieutenant Governor in Council may prescribe. 9(2) Where the minister is satisfied that the holder of a licence or permit (a) obtained the licence or permit through a false statement; (b) has contravened or failed to observe any provision of this Act or the regulations or a condition of the licence or permit; or (c) has made any false statement as to the effect of any pesticide or the method to be employed in the use thereof; the minister may forthwith suspend the licence or permit. 9(3) Where a licence or permit is suspended under subsection (2), the minister shall forthwith upon making the suspension, refer the matter to the committee for a hearing, and the committee shall hold the hearing as soon as practicable. 9(4) A person who is refused a licence or permit may appeal to the minister and the minister may refer the matter to the committee for a hearing, and the committee shall hold the hearing as soon as practicable. 9(5) A person who is refused a licence or permit or whose licence or permit is suspended under subsection (2), may attend any hearing held under subsection (3) or (4) with respect to the refusal or suspension and may, by himself or through counsel, present evidence and make representations thereat in his own behalf. M.R. 185/2008 ; 159/2010 Insurance requirements 10 A person who applies for a commercial applicator licence must provide the minister with a certificate of insurance that certifies that the person and his or her employees are covered for (a) public liability and property damage, excluding chemical misuse or spray drift damage, by bond or insurance of not less than $250,000. inclusive of bodily injury or death and for property damage for any one claim; and (b) chemical misuse or spray drift damage by bond or insurance of not less than $25,000. M.R. 185/2008 ; 159/2010 SCHEDULE Form 1 [Repealed] Form 2 [Repealed] Form 3 Record of Commercial and Restricted Pesticides Sold Form 4 Declaration of Purchaser Form 5 [Repealed] Form 6 [Repealed] Form 7 Declaration for restricted pesticides containing capsaicin M.R. 53/94; 172/2001 ; 185/2008 ; 29/2023