This is an official version.
Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT TO CONTROL AND REGULATE THE DISTRIBUTION AND USE OF PESTICIDES
1. This Act may be cited as the Pesticides Control Act.
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2. In this Act
(a) "analyst" means a person appointed or designated as an analyst under this Act;
(b) "body of water" means a surface or subterranean source of fresh or salt water within the province, whether the source usually contains water or not, and includes coastal water within the jurisdiction of the province and includes water above the bed of the sea that is within the jurisdiction of the province, a river, stream, brook, creek, water course, lake, pond, spring, lagoon, ravine, gully, canal and other flowing or standing water and the land usually or at any time covered by a body of water;
(c) "inspector" means an inspector appointed under this Act;
(d) "licence" includes the renewal of a licence;
(e) "minister" means the Minister of Environment and Lands;
(f) "person" includes a partnership, society, association or other organized group of persons whether incorporated or not;
(g) "pesticide" includes
(i) insecticide, aviacide, rodenticide and fungicide, that is a substance or mixture of substances used for the destruction or control of insects, birds, rodents or other pests or fungi, including microbiological agents,
(ii) herbicide, that is a substance or mixture of substances used for the destruction or control of vegetation, a defoliant, plant growth regulator, plant desiccants or substance used for soil sterilization, and
(iii) a substance or mixture of substances intended for use as a pest control product under the Pest Control Products Act (Canada);
(h) "plant growth regulator" means a substance or mixture of substances that, through physiological action, accelerates or alters the behaviour of plants, but does not include a plant nutrient, a trace element, plant inoculant or a soil amendment; and
(i) "sell" includes keep for sale, expose for sale, offer for sale or advertise for sale, and "sale" has a corresponding meaning.
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3. The Crown is bound by this Act.
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4. (1) A person shall not supply, sell, offer for sale, distribute or keep for sale or distribution a pesticide unless the person has an existing licence of a prescribed class for that purpose or unless exempted under the regulations.
(2) A person shall not store, use or apply a pesticide unless the person has an existing licence of a prescribed class for that purpose and except under the conditions for storing, use or application prescribed for the pesticide or unless exempted under the regulations.
(3) An application for a licence referred to in subsection (1) or (2) shall be made to the minister or a person designated by the minister, upon a form prescribed by regulation and shall be accompanied by the fee prescribed by regulation and upon receipt of an application the minister or the person designated by the minister may issue a licence to the applicant.
(4) The minister or a person designated by the minister may issue different classes of licences as prescribed by regulation.
(5) The minister may
(a) suspend or cancel a licence; or
(b) refuse to renew a licence
where the holder of it or applicant for it has contravened this Act or the regulations.
(6) A person aggrieved by an action taken under subsection (5) may, within 30 days, appeal in writing to a judge of the Trial Division against the suspension of, cancellation of or refusal to renew a licence.
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5. (1) The minister or person designated by the minister shall not issue a licence under this Act unless a person applying for it produces evidence satisfactory to the minister that the person has a valid and existing liability insurance policy of a type prescribed by regulation and in an amount acceptable to the minister.
(2) Where the insurance policy of a person who has been issued a licence under this Act is revoked, cancelled or terminated before the expiration of the licence, the licence is automatically cancelled.
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6. (1) A licence holder may employ unlicensed assistants to provide help in carrying out the activities for which the licence holder has been licensed under this Act.
(2) A licence holder is responsible for the activities of an unlicensed assistant in connection with the use, storing, application or sale of pesticides.
(3) An unlicensed assistant shall comply with the safety measures prescribed by this Act and the regulations.
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Sale to unlicensed person
7. A person shall not supply, sell, offer for sale or distribute a pesticide for which a licence is required for the storing, use or application of that pesticide to a person who does not have a licence.
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Containment of pesticide
8. (1) A person shall not have possession of or keep a pesticide in a container other than
(a) the container in which the pesticide was originally stored for sale after the manufacture of it; or
(b) a container that is of a type customarily used or approved for that purpose by the manufacturer and that bears a label meeting requirements prescribed by the Pest Control Products Act (Canada).
(2) Subsection (1) does not apply to the storing or keeping of pesticides in
(a) holding tanks approved for that purpose; or
(b) spray tanks
where the pesticide is being stored or kept for use or application.
(3) Notwithstanding subsection (1), where a pesticide is sold or otherwise supplied in bulk and is not contained in packages, information or a warning respecting its handling or use that would have been required to be stated on the label had the pesticide been in packaged form, shall be supplied in writing at the time of delivery by the vendor or other supplier to the person to whom the pesticide is delivered.
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Storing, etc. of pesticide
9. A person who keeps, stores or transports a pesticide shall do so in a manner that
(a) insures that the pesticide does not come into contact with, or contaminate food or drink of humans, animals or plants; and
(b) insures that the special precautions or warnings on the label of a pesticide package are strictly adhered to.
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Use of pesticide
10. A person shall not use or handle a pesticide
(a) in a manner or quantity other than that required for its proper use or handling as prescribed by regulation; or
(b) in the absence of a regulation, in a manner other than that prescribed by the manufacturer.
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Disposal of pesticide
11. A person shall not
(a) dispose of a pesticide; or
(b) bury, decontaminate, burn or otherwise dispose of a container that has been used to hold a pesticide,
except at a site and in a manner that is
(c) prescribed by regulation; or
(d) in the absence of regulations, recommended by the manufacturer of the pesticide.
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Washing, etc. of container
12. A person shall not wash or submerge in a body of water an apparatus, equipment or container used in the holding or application of a pesticide.
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Disposal of contaminated matter
13. Where a crop, food, feed, animal, plant, water, produce, product or other matter is shown, upon inspection or analysis, to be contaminated by a pesticide, the minister may, by order,
(a) prohibit or restrict the sale, handling, use or distribution of the crop, food, feed, animal, plant, water, produce, product or other matter permanently or for the length of time that the minister considers necessary; or
(b) destroy or make harmless the crop, food, feed, animal, plant, water, produce, product or other matter,
and a person shall not be entitled to compensation from the province for anything done under this section.
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Prohibition, etc. of sale of pesticides
14. The minister may, by order, prohibit or restrict the sale, distribution or use of a pesticide in the province or a part of the province specified in the order, for those periods and at those times that may be considered necessary or advisable.
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Order of minister
15. (1) Where the minister is satisfied that the use, application, handling or disposal of a pesticide causes or may cause a condition which is or may be dangerous to the health of a person or animal or harmful to crops or plant life the minister may, notwithstanding anything contained in a licence, order the person in charge of or responsible for the operation, to take the action that is specified in the order to contain the danger or harm resulting from or that may result from the operation or to restore the environment to a condition satisfactory to the minister within the time specified in the order.
(2) Where a person upon whom an order is made under subsection (1) or against whom a stop order is made by an inspector under subsection 18(1) fails to comply with the order, the minister may do the necessary work and charge the person with the expense of it and that expense may be recovered together with costs as a debt due to the Crown in a court.
(3) A person aggrieved by an action taken by the minister under subsection (1) or (2) may within 14 days from the date of the action appeal to a judge of the Trial Division who may confirm, alter or reverse the order appealed from.
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16. (1) For the purpose of carrying out this Act and the regulations, the minister may appoint inspectors.
(2) Officers under the Department of Environment and Lands Act and inspectors under the Department of Health Act are considered to be inspectors appointed for the purposes of this Act.
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Powers of inspector
17. An inspector shall have power to
(a) take samples of a substance believed to be contaminated with a pesticide;
(b) examine books, records, registers or documents concerning the sale, supply, distribution or use of a pesticide; and
(c) examine the books, records, registers and documents of a person licensed to operate a business or to provide a service involving the use or application of a pesticide.
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18. (1) Where an inspector is of the opinion, upon reasonable grounds, that an emergency exists because of
(a) danger to the health or safety of a person or animal; or
(b) injury or damage to crops or plant life,
consequent upon the storing, use or method of application of a pesticide, the inspector may make an oral or written stop order directed to the person responsible for the pesticide ordering that person to stop immediately the storing, use or method of application of the pesticide either permanently or for a specific period of time.
(2) Where an inspector issues a stop order under subsection (1), the inspector shall, by written notice, within 48 hours give to the person against whom the stop order is made reasons for it and shall immediately forward a copy of the stop order and the notice to the minister.
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Appeal to minister
19. (1) A person against whom a stop order is made under section 18 may appeal in writing within 60 days to the minister and the minister may confirm, vary or rescind the stop order appealed from and the decision of the minister shall be final.
(2) Notwithstanding that an appeal is taken against a stop order, the stop order is effective from the time it is communicated to the person to whom it is directed until confirmed, varied or rescinded on appeal and that person shall comply with the stop order immediately.
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Obstruction of inspector
20. A person who fails to comply with a stop order or obstructs or hinders an inspector in the carrying out of the duties or functions imposed on an inspector by this Act or the regulations is guilty of an offence.
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Appointment of analysts
21. The minister may, by order, appoint or designate qualified persons as analysts for the purposes of this Act.
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Certificate of analysis
22. In proceedings under this Act or the regulations, a certificate of analysis of a substance, purporting to be signed by an analyst appointed or designated under this Act, shall be admitted in evidence, in the absence of evidence to the contrary, as proof of the facts stated in it without proof of the signature or appointment or designation of the person making the certificate.
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Advisory boards, etc.
23. The Lieutenant-Governor in Council may establish those boards, committees and councils that are necessary or desirable to help and advise the minister in carrying out this Act and appoint members of them.
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24. The Lieutenant-Governor in Council may make regulations
(a) establishing classes of licence for the purposes of section 4;
(b) providing for the issuing and duration of licences and renewals of licences under this Act and prescribing the terms and conditions, including fees, of the licences and renewals;
(c) providing for the suspension, cancellation and reinstatement of licences under this Act and prescribing fees for the reinstatement;
(d) prescribing the qualifications of an applicant for a licence under this Act;
(e) prescribing the purposes for which pesticides may be distributed and used in the province;
(f) prescribing or restricting the manner in which a pesticide or material mixed or treated with a pesticide may be used, stored, transported, packaged, handled, sold or otherwise distributed;
(g) exempting a person or class of persons from the application of this Act or the regulations;
(h) prescribing the manner in which and sites at which pesticides and their containers may be disposed of;
(i) prescribing the terms and conditions under which the distribution, use, sale, supply and application of a pesticide may be prohibited or restricted;
(j) prohibiting or restricting the sale in bulk of a pesticide;
(k) prescribing the use, handling, and method of application of pesticides, including the use and method of application in residences, buildings and other places that the minister considers advisable;
(l) prescribing forms and other matters, including matters of procedure, for the purposes of this Act;
(m) providing for the holding of inquiries into the operation of this Act and into a charge or complaint that a person has contravened this Act or the regulations, or into another matter arising in the administration of this Act, and providing that the person holding the inquiry shall have the powers that are conferred upon a commissioner under the Public Inquiries Act, including the power to take evidence under oath or affirmation;
(n) prescribing the returns, statements and other documents to be made or provided by licensees and other persons, the information to be given in those returns, statements and other documents and by whom and in what manner and at what time they shall be made or provided;
(o) prescribing what books, accounts and records are to be kept by licensees and other persons, the manner in which the books, accounts and records are to be kept and prescribing periods of preservation of those books, accounts and records;
(p) prescribing the terms of a liability insurance policy required by this Act; and
(q) generally, to give effect to the purpose of this Act.
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25. A person who contravenes this Act or the regulations or a term or condition of a licence issued under this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 for every day or part of a day during which the offence occurs or continues or to imprisonment for 90 days, or to both a fine and imprisonment.
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26. An interim or permanent injunction shall not be granted by a court against a minister of the Crown, the Crown, an officer or agent of the Crown or another person to prevent the use of a pesticide authorized to be used under this Act.
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