Prescribed Spraying Equipment and Controlled Products Regulation

Prescribed Spraying Equipment and Controlled Products Regulation, M.R. 119/2003 The Pesticides and Fertilizers Control Act , C.C.S.M. c. P40 Regulation 119/2003 Registered July 18, 2003 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions 2 Additional aerial spraying equipment prescribed 3 Ground-based spraying equipment prescribed 4 Controlled products prescribed 5 Information re sale or lease of prescribed spraying equipment 6 Missing inventory 7 Storage of equipment Definitions 1 In this regulation, "Act" means The Pesticides and Fertilizers Control Act ; («  Loi  ») "vehicle-mounted, ultra low-volume fogging unit" means a machine designed for fogging pesticide, the fogging equipment of which includes an engine, computer-assisted flow meter, chemical tank, flush tank, air-blower unit and ultra low-volume nozzle. (« nébulisateur à débit réduit monté sur véhicule ») Additional aerial spraying equipment prescribed 2 Booms, nozzles, pumps and tanks that may be used to retrofit aircraft for aerial spraying of pesticides and fertilizers are prescribed as aerial spraying equipment for the purpose of clause (b) of the definition "aerial spraying equipment" in section 1 of the Act. Ground-based spraying equipment prescribed 3 Vehicle-mounted, ultra low-volume fogging units with a fogging capacity of more than 375 mL (12 ounces) per minute are prescribed as ground-based spraying equipment for the purpose of the definition "ground-based spraying equipment" in section 1 of the Act. Controlled products prescribed 4 The following products are prescribed as controlled products for the purposes of the definition "controlled product" in section 1 of the Act: (a) high-density ammonium nitrate (NH 4 NO 3 ) fertilizer; (b) anhydrous ammonia (NH 3 ) fertilizer as a compressed gas. M.R. 189/2005 Information re sale or lease of prescribed spraying equipment 5(1) The following equipment is prescribed for the purposes of section 3.2 of the Act: (a) aircraft equipped for spraying pesticide or fertilizer; (b) vehicle-mounted, ultra low-volume fogging units. 5(2) The information about a sale or lease, required by section 3.2 of the Act, must be provided by fax or orally by telephone or in person, and must include the following: (a) the name, address and telephone number of the seller or lessor; (b) the name, address and telephone number of the purchaser or lessee; (c) the description and serial number of the equipment sold or leased; (d) the purpose of purchase or lease. Missing inventory 6(1) For the purposes of section 3.3 of the Act, the prescribed amount of (a) high-density ammonium nitrate fertilizer is any amount noticeable to the human eye; and (b) anhydrous ammonia fertilizer as a compressed gas is any amount that gives the person who possesses or is working with the fertilizer reasonable grounds to believe that an amount is missing, taking into account the physical and environmental circumstances under which the fertilizer is kept or used. M.R. 189/2005 6(2) A report of missing inventory, required by section 3.3 of the Act, must be made (a) when the person who had control or possession of the controlled product suspects that the missing controlled product has been stolen; (b) within 24 hours after the person becomes aware the controlled product is missing; (c) to the minister and the RCMP; and (d) by fax or orally by telephone or in person. 6(3) The report must include (a) the name, address and telephone number of the person making the report and of the owner of the controlled product, if not the same person; (b) the type of controlled product and the amount that is missing; (c) details of the location where the controlled product was located when it went missing; (d) the time when the missing product was last accounted for; and (e) any other information the minister or RCMP requires. Storage of equipment 7(1) When an aircraft equipped for spraying pesticide or fertilizer is not in use or under the supervision of the person who owns or has possession or control of it, or of someone authorized by that person, the person who owns or has possession and control of the aircraft must store it in accordance with the Canadian Aerial Applicators Association's Safety and Security Guidelines , as amended from time to time. 7(2) When a vehicle-mounted, ultra low-volume fogging unit is not in use or under the supervision of the person who owns or has possession or control of it, or of someone authorized by that person, the person who owns or has possession or control of the unit must store it in accordance with the following rules: 1. During fogging season, the unit must be stored in a locked location. The key to the facility must be stored separately when it is not carried or in use by a person who the equipment owner authorizes to have the key. 2. During the off-season, the unit must be disabled by removing the ultra low-volume nozzle. The unit and nozzle must be stored in separate locked locations.