Regulations under this Act:
O. Reg. 63/09 General
O. Reg. 228/07 Service of documents
The Act outlines laws regulating the extermination of pests and licensing of individuals in the extermination industry.
The term “pesticide” is defined in the Act to mean any organism, substance or thing that is manufactured, represented, sold or used as a means of directly or indirectly controlling, preventing, destroying, mitigating, attracting or repelling any pest or of altering the growth, development or characteristics of any plant life that is not a pest and includes any organism, substance or thing registered under the Pest Control Products Act (Canada).
No person, whether acting or not acting under the authority of a licence or permit under the Act, shall deposit, add, emit, or discharge a pesticide into the environment that:
(a) causes or is likely to cause impairment of the quality of the environment;
(b) causes or is likely to cause injury or damage to property or to plant or animal life;
(c) causes or is likely to cause harm or material discomfort to any person;
(d) adversely affects the health of any person; or
(e) renders any property or plant or animal life unfit for use by man.
All individuals in the extermination business must be licensed. The Act outlines the licensing requirements and possible causes for refusal to issue or renew, or suspend or revoke a licence, including lack of adequate equipment or facilities to carry on with the terms of the license, negligence, or breach of any term or condition of the license.
Permits are issued based on the three different locations that exterminations may be undertaken: (a) “land extermination” for destruction, prevention or control of pests on land, (b) “structural extermination” for control of pests in or in the vicinity of buildings, structures, machinery or vehicles, including the control of termites, and (c) “water extermination” for pest control by a pesticide on, in or over water. Permits may be cancelled for any number of health- or danger-related causes.
In order to ensure and enforce the safe handling, storage, use, disposal, transportation or display of a pesticide, it is a condition of every permit or licence under the Act that the holder must allow provincial officers to carry out inspections of any place to which the permit or licence relates.
Pesticide use is prohibited for what is termed “cosmetic” or non-essential purposes. There are, however, a few notable exceptions to this regulation where pesticides are permitted:
1. Uses related to golf courses, if any prescribed conditions have been met.
2. Uses related to agriculture.
3. Uses related to forestry.
4. Uses related to the promotion of public health or safety.
5. Other prescribed uses, if any prescribed conditions have been met.