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Copyright © 2007: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2007


NEWFOUNDLAND AND LABRADOR REGULATION 49/07

NEWFOUNDLAND AND LABRADOR
REGULATION 49/07

Pesticides Control Regulations, 2003 (Amendment)
under the
Environmental Protection Act
(O.C. 2007-197)

(Filed April 16, 2007)

Under the authority of section 111 of the Environmental Protection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johnís, April 9, 2007.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


††††††† 1. S.4 Amdt.
Operatorís licence

††††††† 2. S.5 Amdt.
Applicator licence categories

††††††† 3. S.6 R&S
Unlicensed assistants

††††††† 4. S.7 Amdt.
Vendorís licence

††††††† 5. S.8 Amdt.
Purchase of pesticides

††††††† 6. Ss.8.1 and 8.2 Added
8.1†† Exemptions and
††††††† prohibitions re: sale
††††††† and application
8.2†† Special use licence

††††††† 7. S.11 Amdt.
Storage apart from food and drink

††††††† 8. S.13 Amdt.
Storage area

††††††† 9.†† S.13.1 Added
Penalty

††††† 10. Sch. A, B & C Added

††††† 11.†† Commencement


NLR 57/03

††††††† 1. (1) Paragraph 4(9)(a) of the Pesticide Control Regulations, 2003 is repealed and the following substituted:

†††††††††††† (a)a domestic pesticide to be used on his or her own property;

†††††††††††† (2)Section 4 of the regulations is amended by adding immediately after subsection (10) the following:

†††††††††† (11)Notwithstanding subsection (9), subsection (1) and section 5 shall apply to a superintendent of rental properties, a landlord or a lawn care service provider who applies a domestic class pesticide to a property

†††††††††††† (a)supervised by that superintendent;

†††††††††††† (b)occupied or used by that landlordís tenant; or

†††††††††††† (c)for which that lawn care service provider was engaged to provide a service.

†††††††††† (12)Subsection (11) shall come into force one year after its publication in the Gazette.

 

††††††† 2. (1) Paragraph 5(6)(a) of the regulations is repealed and the following substituted:

†††††††††††† (a)a domestic pesticide to the applicatorís own property provided that the property is not one to which subsection 4(11) applies;

†††††††††††† (2)Section 5 of the regulations is amended by adding immediately after subsection (6) the following:

†††††††††††† (7)A licence issued under these regulations may have specified on it the terms and conditions that the minister or his or her delegate may establish.

 

††††††† 3. Section 6 of the regulations is repealed and the following substituted:

Unlicensed assistants

††††††† 6. Notwithstanding subsection 8(6), a pesticide applicator or a pesticide operator using or applying a pesticide under a licence referred to in paragraph 5(1)(a) or (d) may allow a person who does not have a licence to apply a pesticide and shall, with respect to that unlicensed person employed by, contracted to or working with that applicator or operator

†††††††††††† (a)ensure that that person, when carrying out activities under the Act or regulations, is under his or her direct supervision and control; and

†††††††††††† (b)be responsible for the actions and conduct of that person with respect to anything required to be carried out in accordance with the Act or regulations.

 

††††††† 4. (1) Subsection 7(2) of the regulations is amended by adding immediately after the word "agricultural" the words "or greenhouse".

†††††††††††† (2)Subsection 7(4) of the regulations is amended by deleting the words "domestic pesticides and a".

†††††††††††† (3)Section 7 of the regulations is amended by adding immediately after subsection (4) the following:

††††††††† (4.1)After December 31, 2006, a vendor of domestic pesticides shall not sell pesticide and fertilizer products that are blended together.

†††††††††††† (4)Section 7 of the regulations is amended by adding immediately after subsection (10) the following:

†††††††††† (11)After December 31, 2009, a vendor shall not sell a domestic pesticide to a person unless, during business hours, that vendor has on the premises from which that pesticide is sold at least one employee who is certified by the minister to sell domestic pesticides.

†††††††††† (12)Subsection 11 does not apply to a vendor who sells

†††††††††††† (a)less than 200 litres of liquid formulation; or

†††††††††††† (b)less than 200 kilograms of solid formulation; or

†††††††††††† (c)less than an equivalent combined amount of formulation described in paragraph (a and (b),

of a domestic pesticide in a calendar year.

†††††††††† (13)The minister may establish terms and conditions that are to apply to activities carried out under a licence and those terms and conditions shall be indicated on that licence.

 

††††††† 5. (1) Subsection 8(3) of the regulations is repealed and the following substituted:

†††††††††††† (3)Notwithstanding subsection (1), a commercial or restricted pesticide may be purchased from a vendor who is located outside the province and who does not have a licence if the licensed operator obtains a permit for the purchase of the pesticide from the minister, or a person designated by the minister.

†††††††††††† (2)Subsection 8(5) of the regulations is repealed and the following substituted:

†††††††††††† (5)Notwithstanding subsections (1), (2) and 7(2), a vendor may sell a commercial pesticide or a restricted pesticide to a pesticide operator who does not have a licence where

†††††††††††† (a)the pesticide is designated on its label as being for agricultural use; or

†††††††††††† (b)the pesticide is designated on its label as being for greenhouse use; and

†††††††††††† (c)the vendor maintains records of that sale of pesticide as required by the minister.

†††††††††††† (6)A pesticide

†††††††††††† (a)designated for agricultural use and sold under paragraph (5)(a) may be applied only by a person having an applicatorís licence referred to in paragraph 5(1)(a); and

†††††††††††† (b)designated for greenhouse use and sold under paragraph (5)(b) may be applied only by a person having an applicatorís licence referred to in paragraph 5(1)(d).

 

††††††† 6. The regulations are amended by adding immediately after section 8 the following:

Exemptions and prohibitions re: sale and application

††††† 8.1 (1) Notwithstanding sections 4, 5 and 7, a person may apply or sell a pesticide listed in Schedule A of these regulations without holding a licence under those sections.

†††††††††††† (2)Notwithstanding subsection (1), a person shall not apply a pesticide in an area that is a public space unless that person is applying a pesticide listed in Schedules A and B and provided that that application is done in accordance with these regulations.

†††††††††††† (3)Notwithstanding subsection (2), where it is considered necessary to apply a pesticide not listed in Schedule A or Schedule B of these regulations in a public space that is a recreational or sport area, that application may be carried out twice annually.

†††††††††††† (4)Notwithstanding subsection (2), a person may, in accordance with these regulations, apply a rodenticide in a public space.

†††††††††††† (5)Notwithstanding subsection (2), a person may,

†††††††††††† (a)where he or she holds an applicatorís licence under section 5 and an operatorís licence referred to in section 4, apply a pesticide not listed in Schedule A or B in a public space that is a building where that building will not be in use for 48 or more hours after the application of that pesticide;

†††††††††††† (b)where he or she holds a special use licence under section 8.2 and an applicatorís licence under section 5 and an operatorís licence referred to in section 4, apply a pesticide not listed in Schedule A or B in a public space that is a building where that building will be in use after the application of that pesticide.

†††††††††††† (6)In this section a public space includes property that is a

†††††††††††† (a)property of the government of the province;

†††††††††††† (b)property of the government of Canada, in accordance with subsection 3(2) of the Act;

†††††††††††† (c)hospital or nursing home listed in the Schedule to the Hospitals Act;

†††††††††††† (d)personal care home as defined in the Personal Care Home Regulations;

†††††††††††† (e)school operating under the Schools Act, 1997, the college operating under the College Act, 1996, a private training institution operating under the Private Training Institutions Act and the Memorial University of Newfoundland established under the Memorial University Act;

††††††††††††† (f)place where there is a child care service operating under the Child Care Services Act; and

†††††††††††† (g)green space, including parks, sport fields, ball fields, soccer pitches and public swimming pools except for the applications referred to in subparagraph 4(9)(c)(v).

Special use licence

††††† 8.2 (1) A person may apply to the minister for and the minister may issue to that person a special use licence for the application of pesticides under section 8.1.

†††††††††††† (2)A licence issued under subsection (1) is limited to the terms, conditions, time, place and purpose that the minister may approve.

 

††††††† 7. Subsection 11(5) of the regulations is repealed.

 

††††††† 8. Section 13 is amended by adding immediately after subsection (2) the following:

†††††††††††† (3)After December 31, 2009, a vendor or licensed pesticide operator shall not store a commercial pesticide or a restricted pesticide on the premises of a private dwelling place unless that storage has been first approved by an inspector with the department authorized to give that approval.

 

††††††† 9. The regulations are amended by adding immediately after section 13 the following:

Penalty

†† 13.1 Where, with respect to a contravention of these regulations,

†††††††††††† (a)a summons is issued to a person by way of a ticket in accordance with the Provincial Offences Act; and

†††††††††††† (b)that person is, on summary conviction, found guilty of the offence stated on that ticket,

that person is liable to a fine as described in Schedule C of these regulations.

 

††††† 10. The regulations are amended by adding immediately after section 15 the following:

Schedule A

Exempted Pesticides

Insecticides

††††††††††††††† -Bacillus thuringiensis kurstaki (Btk) (Domestic) for control of caterpillars

††††††††††††††† -Boron compounds (Domestic) for control of ants

††††††††††††††† -Boron compounds with up to 5% copper for insect control and wood preservation (Commercial) for control of wood insects (utility poles)

††††††††††††††† -d-phenothrin (Domestic) for the control of flying insects

††††††††††††††† -d-trans allethrin, also referred to as d-cis, trans allethrin (Domestic) for control of mosquitoes

††††††††††††††† -fatty acids (Domestic) for control of insects

††††††††††††††† -insect bait stations (Domestic) for control of ants, earwigs, cockroaches

††††††††††††††† -insect pheromones (Domestic) for control of insects

††††††††††††††† -insect repellents (Domestic) to repel biting insects (mosquitoes and black flies)

††††††††††††††† -methoprene (Domestic) for control of insects including mosquitoes

††††††††††††††† -mineral oils for insect and mite control (Domestic)

††††††††††††††† -n-octyl bicycloheptene dicarboximide (Domestic) for control of crawling insects

††††††††††††††† -naphthalene for fabric protection (Domestic) also known as moth balls

††††††††††††††† -paradichlorobenzene for fabric protection (Domestic) also known as moth balls

††††††††††††††† -pesticides in aerosol containers (Domestic)

††††††††††††††† -pesticides registered under the Pest Control Products Act (Canada) for application to pets (Domestic & Commercial) to control insects such as fleas

††††††††††††††† -piperonyl butoxide (Domestic) to control flying insects

††††††††††††††† -pyrethrins (Domestic) to control insects

††††††††††††††† -resmethrin (Domestic)to control flying insects

††††††††††††††† -rotenone (Domestic) to control insects found on garden flowers and vegetables

††††††††††††††† -silica aerogel, also referred to as silica gel, amorphous silica gel (Domestic) to control ants, earwigs and other crawling insects

††††††††††††††† -silicon dioxide, also referred to as "diatomaceous earth" (Domestic & commercial) to control crawling insects

††††††††††††††† -soaps (Domestic) to control insects found on garden flowers and vegetables

††††††††††††††† -tetramethrin (Domestic & Commercial) to control house and garden insects

Herbicides

††††††††††††††† -acetic acid (Domestic) for non selective control of weeds

††††††††††††††† -corn gluten meal (Domestic & Commercial) which may control dandelion

††††††††††††††† -soaps (Domestic & Commercial) which may control selective weeds

Animal Repellents

††††††††††††††† -animal repellents (Domestic & Commercial) except thiram, to keep dogs and cats out of areas such as flower beds

††††††††††††††† -capsaicin (Domestic, Commercial & Restricted ) to repel bears

Wood Preservatives

††††††††††††††† -anti fouling paints (Domestic & Commercial) to reduce attachment of barnacles and other marine organisms to boats and wharves

††††††††††††††† -antisapstain wood preservatives (Domestic & Commercial) for control of diseases in wood

††††††††††††††† -asphalt solids (pruning paints) (Domestic & Commercial)

††††††††††††††† -Boron compounds with up to 5% copper for insect control and wood preservation (Commercial)

††††††††††††††† -wood preservatives (Domestic)

Disinfectants and Cleaners

††††††††††††††† -cleansers (Domestic & Commercial)

††††††††††††††† -deodorizers (Domestic & Commercial)

††††††††††††††† -hard surface disinfectants (Domestic & Commercial)

††††††††††††††† -laundry additives (Domestic & Commercial)

Other

††††††††††††††† -bactericides used in petroleum products (Domestic & Commercial) to control bacteria

††††††††††††††† -ferric phosphate (Domestic & Commercial to control slugs and snails

††††††††††††††† -ferrous sulphate (Domestic & Commercial) to control moss in lawns

††††††††††††††† -material preservatives (Domestic & Commercial)

††††††††††††††† -plant growth regulators (Domestic) to prevent excessive growth of some plants

††††††††††††††† -polybutane bird repellents (Domestic & Commercial) to repel birds

††††††††††††††† -slimicides (Commercial)) to control development of bacteria in water systems such as heating/cooling systems

††††††††††††††† -surfactants (Domestic & Commercial) to enhance absorption of pesticide into plant material

††††††††††††††† -sulphur, including lime sulphur, sulphide sulphur and calcium polysulphide (Domestic) to control diseases on ornamental trees

††††††††††††††† -swimming pool algicides and bactericides (Domestic & Commercial)


Schedule B

Reduced Risk Pesticides

††††††††††††††† -boric acid (for control of crawling insects)

††††††††††††††† -borax (for control of ants, cockroaches)

††††††††††††††† -silica dioxide (diatomaceous earth) (for control of crawling insects)

††††††††††††††† -ferric phosphate (for control of slugs and snails)

††††††††††††††† -insecticidal soap (for control of insects)

††††††††††††††† -spinosad (for control of insects)

††††††††††††††† -pyrethrin (for control of insects)

††††††††††††††† -piperonyl butoxide (for control of flying insects)

††††††††††††††† -propoxur (for control of insects)


Schedule C

Penalties

 

 

Penalty

Environmental Protection Act

Offence

First Offence Penalty

Subsequent Offence
Penalty

Section or Subsection

 

Fine not more than dollar amount
specified

Fine not more than dollar amount
specified

 

 

Max

Min

Max

Min

33(2)

Lack of licence

2,000

300

2,000

300

34

Invalid insurance


1,000


200


1,000


500

38

Failure to store pesticide properly



1,000



300



1,000



500

39

Improper handling of pesticides



1,000



250



1,000



500

 

 

 

 

 

 

Pesticides Control Regulations, 2003

Offence

First Offence Penalty

Subsequent Offence
Penalty

Section or
Subsection

 

Fine not more than dollar amount
specified

Fine not more than dollar amount
specified

 

 

Max

Min

Max

Min

4(3)

Failure to ensure protective clothing



1,000



100



1,000



250

4(8)

Violation of provision or condition of licence by operator





1,000





200





1,000





500

5(7)

Violation of provision or condition of licence by applicator





500





75





500





150

8

Improper purchase/sale of pesticide



2,000



250



2,000



500

11, 13

Improper storage/transport of pesticide



1,000



300



1,000



500

 

Commencement

††††† 11. Subsection 4(1) shall come into force on January 1, 2010.

(Includes correction of August 17, 2007.)