Pesticides Regulation

Pesticides Regulation, M.R. 94/88 R The Environment Act , C.C.S.M. c. E125 Regulation 94/88 R Registered January 29, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Compliance with Acts and regulations 3 Prohibitions against certain uses of pesticides 4 Commercial applicators 5 Repealed 6 Application for pesticide use permit 7 Issue of permit 8 Scope of permit 9 Cancellation or suspension 10 Annual Report 11 Requirements of permit-holder 12 Canada research permit 13 Disposal of pesticide containers 14 Director may waive certain requirements 15 Coming into force Definitions 1 In this regulation, "approved" means approved in writing by the director; (« approuvé ») "effectively rinsed" means rinsing out a pesticide container three times with the diluent used in the spray mixture or with a 30 second 200 kilopascal minimum pressure rinse or rinsing by any other approved method; (« rincé efficacement ») "fogging" means the use of a pesticide by the production of very fine droplets which are intended to remain suspended in the atmosphere for a significant length of time and drift with the wind; (« nébulisation ») "municipal corporation" includes a local government district, conservation district board, and Northern Affairs community; (« corporation municipale ») "pest" means any injurious, noxious or troublesome, insect, weed, rodent, fungus, algae or other plant or animal; (« parasite ») "pesticide" means any chemical or biological agent registered under the Pest Control Products Act of Canada and used or represented as a means for preventing, destroying, mitigating or controlling any pest; (« pesticide ») "pesticide use permit" means written authority issued by the director for the use of pesticides under this regulation; (« permis d'utilisation de pesticides ») "private property" means any privately owned property to which the public normally has access for recreational purposes, and includes golf courses, fair grounds, parks, campgrounds, lodges and cottage subdivisions; (« propriété privée ») "spraying" means the use of a pesticide by the production of relatively large droplets which are intended to fall out of the atmosphere in a very short time. (« pulvérisation ») M.R. 47/2004 Compliance with Acts and regulations 2 A person who uses pesticides shall use them in accordance with (a) the Pest Control Products Act (Canada) and the regulations under that Act; and (b) The Pesticides and Fertilizers Control Act and the regulations under that Act. M.R. 47/2004 Prohibitions against certain uses of pesticide 3(1) No person shall, unless he or she possesses a pesticide use permit issued for the purpose, use or permit the use of pesticides (a) on or in a body of water that is not wholly contained within the person's own property; or (b) on private property. 3(2) No person shall, except under the authority of a pesticide use permit issued for the purpose, use pesticides (a) for any of the following bodies: (i) a government department, (ii) a Crown corporation, (iii) a municipal corporation, (iv) a school division; (b) on Crown land or a right-of-way, for an individual other than a farmer or a corporation other than a farm corporation; or (c) for an association of the cottage owners in a cottage subdivision. 3(3) In a case mentioned in subsection (2), the pesticide use permit must be in the possession of (a) the person using the pesticides; or (b) the body, individual, corporation or association. 3(4) A person who uses pesticides in any of the cases mentioned in subsection (1) or (2) shall use them in accordance with any terms and conditions of the permit. M.R. 47/2004 Commercial applicators 4(1) A person who uses a pesticide, other than one having a "domestic" product class designation under the Pest Control Products Act (Canada) or the regulations under that Act, shall (a) hold and possess a commercial applicator's licence issued under The Pesticides and Fertilizers Control Act ; or (b) use the pesticide only under the direct supervision of a person who holds a commercial applicator's licence. 4(2) The holder of a commercial applicator licence shall train and supervise persons using pesticides in accordance with provisions appended to the pesticide use permit. M.R. 47/2004 5 [Repealed] M.R. 47/2004 Application for pesticide use permit 6 To obtain a pesticide use permit, a person shall (a) complete an application form provided by the department; (b) submit the completed application form to the department, at least 30 days before the intended date of use of the pesticide; (b.1) submit the fee required by the Environment Act Fees Regulation ; (c) at the time the application is submitted to the department, give notification of the proposed use of pesticides in one or more issues of a newspaper or news bulletin that has general circulation in the community in which the pesticides are to be used, and the notification shall provide the following information: (i) the reasons for the control program, (ii) the names of the pesticides to be used, (iii) [repealed] M.R. 8/2014 , (iv) the approximate areas to be treated with the pesticides, (iv.1) the department's address for submissions and property registrations, as set out in the application form, (v) a statement that any person may, within 15 days after the notice is published, send a written submission to the department regarding the control program or register with the department their written objection to the use of pesticide next to their property. M.R. 47/2004 ; 8/2014 Issue of permit 7(1) Upon receipt and review of an application for a pesticide use permit, the director shall, within 30 days, do one of the following: (a) issue the pesticide use permit; (b) refuse to issue a pesticide use permit; or (c) require more information from the applicant. 7(2) The director may impose such terms and conditions on the pesticide use permit as he or she considers necessary, including, but not limited to, (a) the geographical location or boundaries of spray programs; (b) the pesticides to be used; and (c) the times of pesticide application. 7(3) A pesticide use permit may be issued for a period not longer than three calendar years. M.R. 47/2004 ; 8/2014 Scope of permit 8 A pesticide use permit (a) expires on the date specified on the permit; (b) is not transferable without the written authorization of the director; and (c) may cover all or any part of the applicant's pesticide programs for a calendar year. M.R. 8/2014 Cancellation or suspension 9 The director may cancel or suspend a pesticide use permit if the pesticide is not being used in compliance with the provisions of this regulation or the conditions specified on the pesticide use permit. Annual report 10(1) The holder of a pesticide use permit must submit a report to the department respecting the holder's use of pesticides under the permit for each calendar year the permit is valid. 10(2) The report is to be made on a form approved by or acceptable to the director and must be submitted to the department by March 31 following the year in question. M.R. 8/2014 Requirements of permit-holder 11 A person operating under a provincial pesticide use permit shall (a) keep, store, and transport pesticides in a manner which (i) ensures that the pesticides do not come into contact with or contaminate food or drink of humans or animals, and (ii) prevents pesticides from coming directly or indirectly into contact with humans, animals or plants in any manner that may be injurious to health; (b) have or keep a pesticide in the container in which it was originally packaged or sold, except for a holding tank, spray tank or properly labelled container of a type that is customarily used for holding or storing pesticides; (c) use only pesticide application equipment that is maintained in a manner which will ensure its function as designed; (d) not use pesticides by spraying when the wind speed at the application site is less than 5 kilometres per hour or greater than 20 kilometres per hour, except where non-pressurized hand-operated equipment or sprayers equipped with drift-control shields or nozzles, or drift-control additives, are used; (e) not use pesticides by fogging when the wind speed at the application site is greater than 10 kilometres per hour; and (f) not dispose of any liquid pesticide container unless it has been effectively rinsed with the rinsate being added to the spray tank. Canada research permit 12 Before any person uses a pesticide in a non-agricultural research field test in respect of which the Pest Control Products Act (Canada) requires a research permit, the person shall obtain the research permit and submit a copy to the director. M.R. 47/2004 Disposal of pesticide containers 13 Every pesticide applicator operating under a provincial pesticide use permit shall deposit effectively rinsed and punctured containers at the local pesticide container collection area or waste disposal grounds designated by the municipality. Director may waive certain requirements 14 In the event of an unpredictable pest outbreak, the director may waive any or all of the requirements of sections 3, 4 and 6 with such terms and conditions as the director considers necessary. Coming into force 15 This regulation comes into force on the later of (a) the date The Environment Act c. 26 of The Statutes of Manitoba 1987-88 comes into force; or (b) the date this regulation is filed with the Registrar of Regulations.