Pest Control Products Regulations, 1995 (R.R.S. c. P-8 Reg. 3)

PEST CONTROL PRODUCTS, 1995 1 P-8 REG 3 The Pest Control Products Regulations, 1995 being Chapter P-8 Reg 3 (effective June 30, 1995) as amended by Saskatchewan Regulations 54/97 and 22/2012. QP NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. http://www.qp.gov.sk.ca/documents/gazette/part2/1995/g2199508.pdf http://www.qp.gov.sk.ca/documents/gazette/part2/1997/g2199728.pdf http://www.qp.gov.sk.ca/documents/gazette/part2/2012/G2201217.pdf PEST CONTROL PRODUCTS, 1995 2 P-8 REG 3 Table of Contents 14 Responsibilities of vendors 15 Qualifications for dispenser 16 Records 17 Pesticide service licences 18 Pesticide applicator licences 19 Qualifications of applicants 20 Waiver before aerial application 21 Duties of persons in charge of operations involving pesticides 22 Interim licences 23 Records 24 Qualifications for inspectors 25 R.R.S. c.P-8 Reg 2 repealed 1 Title 2 Interpretation 3 Designation of pesticides 4 Non-application of section 4 of Act 5 Open bodies of water 6 Backflow control devices 7 Storage of pesticides 8 Transportation of pesticides 9 Treated grains 10 Disposal of pesticides 11 Repealed 12 Licences, general 13 Pesticide vendor licence PEST CONTROL PRODUCTS, 1995 3 P-8 REG 3 CHAPTER P-8 REG 3 The Pest Control Products (Saskatchewan) Act Title 1 These regulations may be cited as The Pest Control Products Regulations, 1995. Interpretation 2(1) In these regulations: (a) “Act” means The Pest Control Products (Saskatchewan) Act; (b) “approved” means, except in section 5, clause 7(2)(c) and section 10, approved by the minister; (c) “commercial pesticide” means a pesticide classified and labelled as “Commercial” pursuant to the federal regulations; (d) “department” means the department over which the minister presides; (e) “direct supervision” includes being within auditory hailing distance; (f) “dispenser” means a person approved as being qualified to dispense pesticides at an outlet covered by a pesticide vendor licence; (g) “federal Act” means the Pest Control Products Act (Canada); (h) “federal regulations” means the regulations made pursuant to the federal Act; (i) “local authority” means: (i) a city, town, village or resort village within the meaning of The Urban Municipality Act, 1984; (ii) a rural municipality within the meaning of The Rural Municipality Act, 1989; (iii) a town, northern village or northern hamlet within the meaning of The Northern Municipalities Act; or (iv) the Saskatchewan portion of the City of Lloydminster; (j) “pesticide applicator” means any individual who uses or applies a pesticide; (k) “pesticide applicator licence” means a pesticide applicator licence issued pursuant to subsection 12(1); (l) “pesticide service licence” means a pesticide service licence issued pursuant to subsection 12(1); (m) “pesticide vendor licence” means a pesticide vendor licence issued pursuant to subsection 12(1); (n) “restricted pesticide” means a pesticide classified and labelled as “Restricted” pursuant to the federal regulations; PEST CONTROL PRODUCTS, 1995 4 P-8 REG 3 (o) “storage facility” means a structure for the storage of pesticides, but does not include a transport trailer. (2) For the purposes of the Act and these regulations, “open body of water” means a river, stream, lake, creek, spring, lagoon, swamp, marsh, water reservoir or other body of water above the surface of the land that normally flows or overflows to any adjacent land or body of water, whether wet or dry, that is under the control of another owner or owners. 24 Feb 95 cP-8 Reg 3 s2; 11 Jly 97 SR 54/97 s3. Designation of pesticides 3 Every substance that is registered pursuant to the federal Act as a control product is designated as a pesticide for the purposes of the Act, unless that substance is otherwise designated by these regulations. 24 Feb 95 cP-8 Reg 3 s3. Non-application of section 4 of Act 4 Section 4 of the Act does not apply for the purposes of research or testing by a person employed by any university or other institution of research or learning, pesticide development company or agency of the federal, provincial or municipal governments if: (a) the research or testing takes place on land owned or occupied by the university, institution, company or agency; or (b) the minister has given prior written approval for those purposes. 24 Feb 95 cP-8 Reg 3 s4. Open bodies of water 5 No person shall apply a pesticide to any open body of water or to its banks unless that person holds a permit to do so issued or approved by the member of the Executive Council responsible for the administration of The Environmental Management and Protection Act pursuant to that Act and the regulations made pursuant to that Act. 24 Feb 95 cP-8 Reg 3 s5. Backflow control devices 6 Every licensed pesticide applicator shall install and maintain backflow control devices to prevent potential contamination of commercial and private water supplies. 24 Feb 95 cP-8 Reg 3 s6; 11 Jly 97 SR 54/97 s4. Storage of pesticides 7(1) Every person who keeps or stores a pesticide shall ensure that the pesticide or any container that holds or has been used to hold the pesticide is kept and stored separate from any foodstuffs, feeds or other material intended for consumption by humans or animals by: (a) in the case of a restricted pesticide, keeping or storing it: (i) in a separate locked building; or PEST CONTROL PRODUCTS, 1995 5 P-8 REG 3 (ii) in a separate locked room or compartment that has no opening except for ventilation and entrance or exit and that is partitioned from floor to ceiling with suitable building materials that conform to applicable fire and building codes; or (b) in the case of a pesticide other than a restricted pesticide, keeping or storing it: (i) in a separate locked building; (ii) in a separate locked room or compartment that has no opening except for ventilation and entrance or exit and that is partitioned from floor to ceiling with suitable building materials that conform to applicable fire and building codes; or (iii) in a building, separate from the nearest foodstuffs, feeds or any other material intended for consumption by humans or animals by means of packaging or a method otherwise acceptable to an inspector. (2) In addition to meeting the requirements of subsection (1), every person who sells or stores a commercial pesticide or restricted pesticide for gain or reward: (a) shall ensure that the storage area has: (i) a source of water in an area in or adjacent to the storage area; (ii) protective clothing, a first aid kit and a respirator, all appropriate to the pesticide stored that are properly maintained, functional and available at all times for personnel handling and working with pesticides; (iii) flooring that is constructed to contain spills or leaks and that does not contain any floor drain or catch basin directly or indirectly connected to any private or municipal sewage system or public watercourse or open body of water; (iv) flooring that is capable of being readily cleaned and decontaminated of pesticides stored within the storage area; (v) adequate ventilation, either by natural or mechanical means, to prevent the accumulation of toxic or flammable vapours; (vi) a “Danger – Stored Pesticide” sign printed in block letters five centimetres or more in height, posted on each entrance; (vii) a source of lime, coarse clay, sand, sawdust or other absorbent material to soak up a spilled pesticide; and (viii) suitable and adequate washing facilities for personal decontamination at or near the storage area; (b) if the storage area is in a location protected by a municipal fire department, shall provide a list of pesticides and estimated quantities normally held in storage to the chief of the fire department semi-annually and shall notify the chief of any significant changes in stocks that occur during the year; and (c) shall ensure that the storage facility is approved or registered pursuant to The Hazardous Substances and Waste Dangerous Goods Regulations. PEST CONTROL PRODUCTS, 1995 6 P-8 REG 3 (3) Every person responsible for materials treated with pesticides or containers that hold or have been used to hold pesticides, whether damaged, obsolete or partially full, shall ensure that the materials or containers are kept in storage adequately secured against children or animals or destroyed or decontaminated in accordance with instructions provided by the manufacturer. 24 Feb 95 cP-8 Reg 3 s7. Transportation of pesticides 8 Every person who transports a pesticide shall ensure that the pesticide, any material mixed or treated with the pesticide or any container that holds or has been used to hold the pesticide is transported separate from the food and drink of humans or animals and from plants by keeping the pesticide, material or container in vapour-proof containers packaged separately in a secure manner so as to remain upright at all times, or otherwise in a manner satisfactory to an inspector. 24 Feb 95 cP-8 Reg 3 s8. Treated grains 9(1) Every person who transports, sells or supplies, or stores for the purposes of transport, sale or supply, grain treated with a pesticide shall ensure that all seed grain treated with a pesticide is transported in sacks or other sealed containers or, if transported in bulk, is securely covered by a tarpaulin or similar cover to prevent any spillage during transportation. (2) Every person who sells or supplies seed grain treated with a pesticide to any other person shall, at the time of sale or supply, provide the purchaser or other person supplied with a warning in writing respecting its handling and use, including the words “treated seed is poisonous”. (3) Every person who transports, sells or supplies, or stores for the purposes of transport, sale or supply, bagged seed treated with a pesticide shall ensure that each bag has attached to it a conspicuous tag that includes the words “Do not use for food or feed; this seed has been treated with (technical name of the product used for the treatment)”. 24 Feb 95 cP-8 Reg 3 s9. Disposal of pesticides 10 Except in a manner consistent with label directions or in a manner permitted, licensed, approved or authorized pursuant to The Environmental Management and Protection Act or regulations made pursuant to that Act, no person shall: (a) dispose of any pesticide, mixture containing a pesticide, or material treated with a pesticide; or (b) bury, decontaminate, burn or otherwise dispose of any container that holds or has been used to hold a pesticide or a material treated with a pesticide. 24 Feb 95 cP-8 Reg 3 s10. PEST CONTROL PRODUCTS, 1995 7 P-8 REG 3 11 Repealed. 11 Jly 97 SR 54/97 s5. Licences, general 12(1) The minister may, for the purposes of these regulations, issue the following classes of licences to applicants who have met the requirements set forth in these regulations: (a) pesticide applicator licences; (b) pesticide service licences; (c) pesticide vendor licences. (2) Unless suspended or cancelled pursuant to the Act or these regulations, a licence is valid: (a) for a period of 12 months from the date of its issue or renewal in the case of a pesticide applicator licence; (b) until the December 31 following the date on which it becomes effective, in the case of a pesticide service licence; or (c) until the October 31 following the date on which it becomes effective, in the case of pesticide vendor licence. (3) An applicant shall apply for a licence or the renewal of a licence on a form provided by the department. (4) An applicant for a licence or the renewal of a licence shall pay a fee of: (a) $50 in the case of a pesticide applicator licence or a pesticide service licence; or (b) $50 in the case of a pesticide vendor licence. (5) An individual who applies for a licence must be at least 18 years of age. (6) A licence is to be issued to the person named in the application form and is not transferable. (7) A pesticide applicator licence may only be issued to an individual. 24 Feb 95 cP-8 Reg 3 s12; 11 Jly 97 SR 54/97 s6; 27 Apr 2012 SR 22/2012 s2. Pesticide vendor licence 13(1) Subject to subsections (3) to (6), no person shall sell pesticides or offer pesticides for sale without holding a valid pesticide vendor licence. (2) Any person who maintains more than one outlet for the sale of pesticides shall hold a separate pesticide vendor licence for each outlet. (3) A person may sell or offer for sale all or any of the following without holding a pesticide vendor licence: (a) products that are classified as domestic control products pursuant to the federal regulations; (b) disinfectants; PEST CONTROL PRODUCTS, 1995 8 P-8 REG 3 (c) swimming pool bactericides; (d) cleansers, deodorizers, laundry additives, soaps or sanitizers; (e) bactericides used in cutting oils and fuels; (f) algicides used in industrial cooling systems; (g) wood preservatives. (4) A licensed pesticide applicator does not require a pesticide vendor licence to sell at retail a pesticide that he or she applies in the course of his or her business. (5) A rural municipality does not require a pesticide vendor licence to sell or supply rodenticides to ratepayers of the rural municipality. (6) A veterinarian engaged in or directing the treatment of an animal does not require a pesticide vendor licence to sell or supply pesticides related to the treatment of the animal. 11 Jly 97 SR 54/97 s7. Responsibilities of vendors 14 Every holder of a pesticide vendor licence shall: (a) employ at least one dispenser at each outlet covered by the pesticide vendor licence; (b) be responsible for the activities and actions of his or her employees in the safe handling, storage and transportation of pesticides; and (c) provide employees with approved information on procedures for applying, handling, storing and transporting pesticides in a safe manner. 24 Feb 95 cP-8 Reg 3 s14; 11 Jly 97 SR 54/97 s8. Qualifications for dispenser 15 A dispenser shall: (a) be at least 18 years of age; (b) have passed an approved training course; and (c) pass an approved training course every five years after the course mentioned in clause (b). 24 Feb 95 cP-8 Reg 3 s15. Records 16 Every holder of a pesticide vendor licence shall: (a) keep records of all pesticides sold by him or her, on forms provided by or acceptable to the minister, that must include: (i) the common name of the active ingredient of each pesticide sold, as indicated by the guarantee on its label; and (ii) the quantity by weight or volume of each pesticide sold; PEST CONTROL PRODUCTS, 1995 9 P-8 REG 3 (b) on the request of the minister, provide true copies of the records required pursuant to clause (a) to the minister before December 31 in the year in which the request is made; and (c) keep every record required pursuant to clause (a) for a period of not less than three years from the date it is made and make it available to any inspector on request. 24 Feb 95 cP-8 Reg 3 s16. Pesticide service licences 17(1) Subject to subsections (2) and (6), no person shall carry on a business involving the use or application of pesticides without holding a valid pesticide service licence. (2) A person may use or apply pesticides on land or in premises that the person owns or rents without holding a pesticide service licence. (3) An applicant for a pesticide service licence shall submit the following information together with the application: (a) the applicant’s name and address; (b) the location of each outlet where the applicant proposes to conduct business; (c) a description of the services the applicant proposes to provide; (d) the name of all applicators who will be working for the applicant; (e) if the applicant proposes to offer an aerial pesticide applicator service, a certificate of insurance, in a form satisfactory to the minister, evidencing that the applicant has the insurance required pursuant to clause (4)(a); (f) any other information the minister reasonably requires for the purposes of determining whether or not to issue a licence. (4) No holder of a pesticide service licence offering an aerial pesticide applicator service shall fail: (a) to have insurance covering pesticide drift liability in an amount that will provide at least $25,000 coverage for each occurrence; and (b) to provide the minister with a certificate of insurance with respect to the insurance mentioned in clause (a), in a form satisfactory to the minister, each time that the insurance is issued or renewed. (5) If the insurance required by subsection (4) expires or is cancelled: (a) the holder of the pesticide service licence shall immediately notify the minister in writing of that fact; and (b) the holder’s pesticide service licence is automatically cancelled. (6) A government, government agency or local authority may carry on the business of offering or providing a service in which a pesticide is used or applied without holding a pesticide service licence. 11 Jly 97 SR 54/97 s9. PEST CONTROL PRODUCTS, 1995 10 P-8 REG 3 Pesticide applicator licences 18(1) Subject to subsection (2), no individual shall apply or use pesticides without holding a valid pesticide applicator licence. (2) An individual may do all or any of the following without holding a pesticide applicator licence: (a) use or apply pesticides on land: (i) that the individual or a member of his or her immediate family owns or rents; or (ii) that is owned or rented by a corporation in which the individual or a member of his or her immediate family owns a majority of shares; (b) use or apply pesticides as part of his or her duties as an employee of a farm operation or a research or pesticide development organization; (c) without charge, provide a service involving the use or application of pesticides on neighbouring land or premises in the ordinary exchange of labour and services among farmers; (d) use or apply pesticides under the direct supervision of a holder of a pesticide applicator licence, acting within the terms of that licence; (e) use or apply: (i) disinfectants; (ii) swimming pool bactericides; (iii) cleansers, deodorizers, laundry additives, soaps or sanitizers; (iv) bactericides used in cutting oils and fuels; (v) algicides used in industrial cooling systems; or (vi) wood preservatives. (3) The minister may issue the following categories of pesticide applicator licence: (a) AGRICULTURE, which authorizes the use of pesticides by ground application for the production of agricultural crops and livestock, including on non-agricultural land, but does not authorize pesticide use in greenhouses, for commercial seed treatment, for landscape, for mosquito and biting fly control, or the use of fumigants; (b) AQUATIC, which authorizes the use of herbicides by surface application for the control of weeds, in standing or running water or in areas left exposed during periods of low water, including lakes, rivers, irrigation canals, ditches and dugouts; (c) FORESTRY, which authorizes the use of pesticides by ground application in forest management operations, including forest seed operations, outdoor nurseries and plantations, for purposes including site preparation, brushing, conifer release, thinning, insect control and disease control; PEST CONTROL PRODUCTS, 1995 11 P-8 REG 3 (d) GREENHOUSE, which authorizes the use of pesticides in greenhouses or on areas immediately surrounding greenhouses during the storage, display or production of agricultural crops, including vegetables, ornamental plants, and forest tree seedlings; (e) INDUSTRIAL, which authorizes the use of herbicides by ground application: (i) for controlling weeds on: (A) industrial areas, including roadsides, powerlines, pipelines, rights of way, railways, well sites and equipment yards; and (B) parking lots, sidewalk cracks, and roadbeds during construction; and (ii) for controlling noxious weeds designated by the minister on private or public land; (f) LANDSCAPE, which authorizes the use of pesticides by ground application for the maintenance of ornamental trees, shrubs, flowers and turf, on outdoor residential, commercial or public land, including pesticide use in outdoor nurseries for the propagation of landscape and garden plants, but does not authorize soil fumigation, mosquito and biting fly control, the use of rodenticides or avicides, or the injection of fungicides for the prevention or control of Dutch Elm Disease; (g) MOSQUITO AND BITING FLY, which authorizes the use of insecticides by ground application for the control of larval or adult mosquitoes or biting flies; (h) FUMIGATION, which authorizes the use of fumigants for soil fumigation or within enclosed structures or under sheets, including grain bins and elevators, buildings, rail cars, trucks and closed vaults; (i) STRUCTURAL, which authorizes the use of pesticides other than herbicides or fumigants for the prevention or control of pests in or around structures, including the use of rodenticides on public or private land, but not including the control of plant pests in greenhouses; (j) AERIAL, which authorizes the application of pesticides by aircraft to: (i) forest lands; (ii) non-agricultural land; (iii) agricultural land, including orchards; or (iv) bodies of water for mosquito and biting fly control; (k) SPECIAL, which authorizes one of the activities provided for in the following subcategories of licence, to be specified in the licence: (i) COMMERCIAL SEED TREATMENT, which authorizes the application of pesticides for commercial seed treatment; PEST CONTROL PRODUCTS, 1995 12 P-8 REG 3 (ii) TREE INJECTION, which authorizes the injection of fungicides for the prevention or control of Dutch Elm Disease by the holder of a LANDSCAPE licence; (iii) RAT CONTROL, which authorizes the use of rodenticides in or around buildings or structures for the control of mice and rats; (iv) PROBLEM WILDLIFE CONTROL, which authorizes the use of pesticides by employees of the Government of Saskatchewan for the control of vertebrate animals. 11 Jly 97 SR 54/97 s10. Qualifications of applicants 19(1) An applicant for a pesticide applicator licence shall pass an approved pesticide training course to be eligible to obtain a licence. (2) An applicant for the renewal of a pesticide applicator licence shall have passed an approved pesticide training course within the preceding five years to be eligible to obtain the renewal. 24 Feb 95 cP-8 Reg 3 s19. Waiver before aerial application 20 A person who holds an AERIAL pesticide applicator licence, before each occasion on which he or she applies pesticide to a built-up area of a city, town or other settlement, or over an open air assembly of persons, shall: (a) obtain a waiver pursuant to subsection 534(2) of the Air Regulations, Consolidated Regulations of Canada, 1978, chapter 2; and (b) forward a copy of the waiver mentioned in clause (a) to the department. 24 Feb 95 cP-8 Reg 3 s20. Duties of persons in charge of operations involving pesticides 21 If a person carries on a business or is in charge of an operation involving the use or application or sale of a pesticide, whether or not the person is required to be a holder of a licence issued pursuant to these regulations, the person shall: (a) be responsible for the activities and actions of his or her assistants in the safe handling, storage and transportation of the pesticides; (b) provide his or her employees with approved information on procedures for applying, handling, storing and transporting pesticides in a safe manner; and (c) ensure that, if his or her employees are required to be licensed pursuant to these regulations, those employees have completed an approved training course and have the appropriate pesticide applicator licence. 11 Jly 97 SR 54/97 s11. PEST CONTROL PRODUCTS, 1995 13 P-8 REG 3 Interim licences 22(1) The minister may grant an applicant an interim pesticide applicator licence for any one category of licence. (2) An interim licence is valid for the time specified on the licence, not exceeding 12 months, but is to be replaced by the appropriate licence when the applicant attains the qualifications described in section 19. (3) The holder of an interim licence shall, in addition to all other requirements set by the Act and these regulations, meet all conditions that may be specified by the minister at the time the interim licence is issued. 24 Feb 95 cP-8 Reg 3 s22. Records 23(1) Every holder of a pesticide applicator licence or a pesticide service licence shall keep records on a daily basis of each operation he or she performs that involves pesticide use or application, on forms provided by or acceptable to the department, that must include: (a) the name of the person for whom the pesticide was applied; (b) the location and size of the area where the pesticide was applied; (c) the year, month, day and time at which the pesticide was applied; (d) the purpose for which the pesticide was applied; (e) the common or product name of the pesticide applied and the registration number assigned to it pursuant to the federal Act; (f) the method of application; (g) the total quantity of or the rate of application of the pesticide applied; (h) the quantity and method of disposal of surplus pesticide containers; (i) the details of remedial measures taken to respond to pesticide spills or of the clean-up of pesticide spills; and (j) meteorological data at the time the pesticide was applied. (2) Every holder of a pesticide applicator licence or a pesticide service licence shall retain all records described in subsection (1) for a period of not less than three years from the date of the application and shall make them available to any inspector. 24 Feb 95 cP-8 Reg 3 s23. Qualifications for inspectors 24(1) To qualify for appointment as an inspector pursuant to section 16 of the Act, the appointee must: (a) have successfully completed an approved inspector’s training course not more than three years prior to the date of the appointment; or (b) be 18 years of age or older and, in the opinion of the minister, have special training or experience in inspection and enforcement duties. PEST CONTROL PRODUCTS, 1995 14 P-8 REG 3 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2012 (2) To qualify for appointment by a municipality as an inspector pursuant to section 17 of the Act, the appointee must be 18 years of age or older and have successfully completed an approved inspector’s training course not more than one year prior to the date of the appointment. 24 Feb 95 cP-8 Reg 3 s24. R.R.S. c.P-8 Reg 2 repealed 25 The Pest Control Products Regulations, 1985 are repealed. 24 Feb 95 cP-8 Reg 3 s25.