Fumigation and Pest Control Regulation

Fumigation and Pest Control Regulation, M.R. 323/88 R The Public Health Act , C.C.S.M. c. P210 Regulation 323/88 R Registered August 29, 1988 bilingual version (HTML) Definitions 1 In this regulation, "fumigate" means fumigation by the use of hydrocyanic acid, any of its compounds or derivatives, methyl bromide, any of its compounds or derivatives, or ethylene dibromide or any of its compounds or derivatives; (« fumiger ») "house" or "dwelling" means any building, hut, or tent used for human habitation whether that use is permanent or temporary, and whether it is stationary or movable, and includes also any school or factory in part so used; (« maison » ou « habitation ») "medical officer of health" means a medical officer as defined in The Public Health Act ; (« médecin hygiéniste ») "pest control operation" means the control of rodents or other pests by the use of sodium fluoro-acetate (compound 1080) or other substance from time to time specified by the minister. (« opérations du lutte antiparasitaires ») M.R. 115/2025 Permits 2 No person shall use (a) hydrocyanic acid, any of its compounds or derivatives or ethylene dibromide, or any of its compounds or derivatives, methyl bromide, any of its compounds or derivatives, or any other substance prescribed in this regulation for fumigating any building or part thereof including any vault or other enclosure within any building or any article; or (b) sodium fluoro-acetate (compound 1080) or any other substance that may be prescribed in this regulation for pest control; unless that person holds a permit to do so, issued pursuant to this regulation. 3(1) Every applicant for a permit to fumigate or to carry on pest control operations shall submit, in writing, to the minister an application therefor. 3(2) Where the minister or the minister's delegated representative is satisfied that the applicant under subsection (1) is a proper person to have a permit, he or she may cause a permit to be issued. 3(3) Every applicant under subsection (1) shall submit a policy of insurance (a) in a form approved by the Superintendent of Insurance; and (b) insuring the applicant against any liability arising out of the injury to, or the death of, any employee or any other person, resulting from fumigation or pest control operations in any building or premises, (i) in the case of employees, in an amount of not less than $5000. for each such employee, and $15,000. for three or more employees, and (ii) in the case of any other persons, in an amount of not less than $20,000. for each such person, and $40,000. for two or more such persons. 3(4) Upon cancellation or discontinuance of any policy of insurance under subsection (3), the permit of the insured is thereby automatically cancelled. 4 Each permit (a) shall be granted for one year only, but may be renewed on application; (b) shall bear the name and address of the permit holder, and the date on which the permit expires; and (c) may be cancelled or suspended by the minister for violation of any provision of this regulation. Notice 5 Where any building or part thereof is to be fumigated, the permit-holder shall give notice, in writing, to the medical officer of health and the municipal police and fire departments, if any, in sufficient time to be received by them at least 24 hours prior to the commencement of the fumigation, and containing the following information: (a) the location and address of each building or portion thereof to be fumigated; (b) the date and time the fumigation will be carried out; (c) the name and address of the owner or manager of the building; (d) the type of building, whether detached, semi-detached, or as the case may be, and if a portion of a building, full particulars thereof; (e) particulars respecting the purpose for which the building is being used; (f) what other portions of the building, or of an attached building, will be affected by, or require to be vacated during fumigation; (g) the substance to be used in the fumigation; (h) for what purpose the fumigation is being carried out. Preparation 6 Immediately before proceeding with any fumigation operation, the fumigator shall (a) make a careful examination of (i) all parts of the building to be fumigated, (ii) all parts of all buildings adjoining the building to be fumigated, (iii) all parts of all buildings so located that the fumigation of any other building constitutes an actual or potential hazard to the occupants of buildings so located; (b) satisfy himself or herself that there is no person in the building, or any part of any building, to be fumigated, or in any building or part of a building affected by, or requiring to be vacated during the fumigation; and (c) ensure that all cracks, crevices, flues, drains, pipe-openings, hot air registers, ventilators, and any openings into adjoining premises, are sealed so as to prevent effectively and completely, the escape of gas from the building or portion thereof being fumigated. Placards 7(1) After excluding all occupants, and before taking the materials for generating the gas into the buildings or parts thereof to be fumigated, the fumigator shall attach to each door or entrance leading into the building a white placard on which shall be printed in red coloured block letters at least two and one-half inches in height the words: "FUMIGATION. DANGER FROM POISONOUS GAS. KEEP OUT." 7(2) Each placard posted under subsection (1) shall be illuminated so as to permit its being read during the period sundown until sunrise. 7(3) No placard posted under subsection (1) shall be removed until (a) all the buildings, or the affected parts thereof are fit for reoccupancy; and (b) the fumigator has instructed the removal. Procedures 8 During the period of fumigation (a) the temperature of the premises to be fumigated shall be maintained at not less than 21°C (70°F); (b) the doors, windows, and all other openings of the building, or part of a building, to be fumigated shall be securely closed and sealed, and either locked or barricaded; and (c) the fumigator shall post a capable watchman to prevent any person from entering the building until the fumigator is satisfied that the premises are again safe for human occupancy. 9(1) At the end of the fumigation period, each building, or part thereof, that has been fumigated shall be thoroughly aired for a period of not less than 12 hours, and for such further time as may be required to remove all gas before reoccupancy thereof. 9(2) The fumigator, before declaring any fumigated building or part thereof fit for reoccupancy, shall (a) cause all closets, cupboards, and wardrobes, and all such enclosures and containers, and those parts of the building in which pockets of gas are likely to form, to be opened and thoroughly aired; (b) cause all mattresses, pillows, and cushions, and bed clothes to be shaken and beaten in the open air; (c) take special precautions to render the clothing and bedding of babies and small children to be free from gas; and (d) cause all such further precautions to be taken as are necessary to prevent the gas from entering adjoining buildings. No human habitation during fumigation 10 Subject to subsection 11(1), no person shall fumigate any room, suite, or other compartment or space in any dwelling, rooming-house, lodging-house, apartment block, or hotel or in any other building, any part of which is, or may be, used as human habitation during fumigation. Fumigating vaults 11(1) Fumigation of articles or materials may be permitted in properly constructed fumigating vaults contained within buildings used for storage, trade, or business purposes only, if the vaults are located, constructed, equipped, operated, and maintained to the satisfaction of the minister or the medical officer of health in accordance with the requirements set out in subsection (2). 11(2) A fumigating vault or chamber shall be (a) fireproof, and of such material and construction as to be gas-tight and to prevent effectively the escape of gas to any portion of the building in which it is situated; and (b) designed with (i) an air inlet installed in the wall or door near the floor or in another location approved by the medical officer of health, and of sufficient area to properly ventilate it, (ii) an exhaust duct or pipe connected directly with the vault or chamber, and to an extraction fan, or other device approved by the minister or medical officer of health, and that has a discharging tube with an adequate and easily controlled damper, all suitably located, (iii) a lock of such design as to prevent its being opened while it is in use, and (iv) a notice on all doors and openings printed in block letters bearing the following warning: "FUMIGATION VAULT - DANGER KEEP OUT." 11(3) After fumigation has been completed, and before a vault is opened, the interior of the vault shall be thoroughly ventilated for a sufficient length of time to discharge all gases. 11(4) The keys to all vault locks shall be retained in the possession of the operator or person in charge until the vault or chamber is thoroughly ventilated. Fumigants and residues 12(1) No residue from the "pot system", or other materials necessary in the process of fumigation, shall be handled by any person other than the licensed fumigator or under the licensed fumigator's direction. 12(2) All fumigants or residue thereof shall be handled only by persons protected by gas masks. Prohibition or postponement 13 The minister or the medical officer of health may prohibit or postpone fumigation in any building or premises until he or she is satisfied that the requirements of this regulation, or any other measures that he or she may require in the interests of safety, have been, or will be, efficiently carried out. Duties of permit-holder 14(1) In a pest control operation, the permit-holder shall (a) use the sodium fluoro-acetate as bait in water solution only; (b) colour the solution; (c) mark the container holding the bait with the word "poison"; (d) place the poisoned water in a place where it will not be accessible to any person or domestic animal, or contaminate any food stuffs; (e) make a plan of the building or premises showing the exact location of each poison bait; (f) subject to subsection (2), remove the poisoned water containers within 24 hours after the start of operations; (g) each 24 hours during the operation collect and dispose of all rodent carcasses; and (h) at the termination of the operation, safely dispose of all unused bait, and thoroughly clean or safely dispose of the containers. 14(2) Containers to which clause (1)⁠(f) applies may be left on the premises if the containers are placed in "bait boxes" or "bait stations" in such a way that they may not be removed, spilled, or otherwise displaced. 15(1) A permit-holder shall (a) keep under lock and key all reserve stocks of sodium fluoro-acetate, and equipment and containers for mixing; (b) use for no other purpose the containers and equipment required for handling, storing, or mixing, the sodium fluoro-acetate; and (c) complete a detailed record of each pest control operation. 15(2) The record to which clause (1)⁠(c) applies shall be made available for inspection by the minister, the medical officer of health, or other person designated by either of them.