P-9.3, r. 2 - Regulation respecting permits and certificates for the sale and use of pesticides

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44. The holder of a Subclass B1 retail sale permit or certificate may offer to sell, sell or cause to be sold
(1)  a Class 1 pesticide only to a person holding an authorization issued under section 22 of the Environment Quality Act (chapter Q-2);
(2)  a pesticide constituted in whole or in part of methyl bromide, carbon dioxide, sulfuryl fluoride, ethylene oxide, phosphine, aluminum phosphide or magnesium phosphide only to a person holding a Subclass C6 or D6 permit or a Subclass E5 certificate;
(3)  a Class 3A pesticide only to a person who meets either of the following conditions and who provides an agronomic prescription that meets the requirements of section 74.2 or, where applicable, section 74.4 of the Pesticides Management Code (chapter P-9.3, r. 1):
(a)  the person holds a Subclass C8 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act (chapter P-9.3), from the requirement to hold such a permit, but the person is the holder of a Subclass E1 or E2 certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate; and
(4)  a pesticide containing atrazine, chlorpyrifos, clothianidin, imidacloprid or thiamethoxam only to a person who meets either of the following conditions and who provides an agronomic prescription that meets the requirements of section 74.2 or, where applicable, section 74.4 of the Pesticides Management Code:
(a)  the person holds a Subclass C1, C8 or D1 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but holds a Subclass E1 or E2 certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate;
(5)  a pesticide containing atrazine, chlorpyrifos, clothianidin, imidacloprid or thiamethoxam only to a person who meets either of the following conditions:
(a)  the person holds a permit authorizing the person to cause to be performed work involving the use of such a pesticide other than a Subclass C1, C8 or D1 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but holds a Subclass E3 or a Class F certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate; and
(6)  Class 2 to Class 3 pesticides other than those listed in paragraphs 2 and 4 only to a person who meets either of the following conditions:
(a)  the person holds a permit authorizing the person to cause to be performed work involving the use of such a pesticide;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but the person is the holder of a Class E or F certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate.
O.C. 305-97, s. 44; 71-2018O.C. 71-2018, s. 14; I.N. 2020-01-01.
44. The holder of a Subclass B1 retail sale permit or certificate may offer to sell, sell or cause to be sold
(1)  a Class 1 pesticide only to a person holding a certificate of authorization issued under section 22 of the Environment Quality Act (chapter Q-2);
(2)  a pesticide constituted in whole or in part of methyl bromide, carbon dioxide, sulfuryl fluoride, ethylene oxide, phosphine, aluminum phosphide or magnesium phosphide only to a person holding a Subclass C6 or D6 permit or a Subclass E5 certificate;
(3)  a Class 3A pesticide only to a person who meets either of the following conditions and who provides an agronomic prescription that meets the requirements of section 74.2 or, where applicable, section 74.4 of the Pesticides Management Code (chapter P-9.3, r. 1):
(a)  the person holds a Subclass C8 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act (chapter P-9.3), from the requirement to hold such a permit, but the person is the holder of a Subclass E1 or E2 certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate; and
(4)  a pesticide containing atrazine, chlorpyrifos, clothianidin, imidacloprid or thiamethoxam only to a person who meets either of the following conditions and who provides an agronomic prescription that meets the requirements of section 74.2 or, where applicable, section 74.4 of the Pesticides Management Code:
(a)  the person holds a Subclass C1, C8 or D1 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but holds a Subclass E1 or E2 certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate;
(5)  a pesticide containing atrazine, chlorpyrifos, clothianidin, imidacloprid or thiamethoxam only to a person who meets either of the following conditions:
(a)  the person holds a permit authorizing the person to cause to be performed work involving the use of such a pesticide other than a Subclass C1, C8 or D1 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but holds a Subclass E3 or a Class F certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate; and
(6)  Class 2 to Class 3 pesticides other than those listed in paragraphs 2 and 4 only to a person who meets either of the following conditions:
(a)  the person holds a permit authorizing the person to cause to be performed work involving the use of such a pesticide;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but the person is the holder of a Class E or F certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate.
O.C. 305-97, s. 44; 71-2018O.C. 71-2018, s. 14.
44. The holder of a Subclass B1 retail sale permit or certificate may offer to sell, sell or cause to be sold
(1)  a Class 1 pesticide only to a person holding a certificate of authorization issued under section 22 of the Environment Quality Act (chapter Q-2);
(2)  a pesticide constituted in whole or in part of methyl bromide, carbon dioxide, sulfuryl fluoride, ethylene oxide, phosphine, aluminum phosphide or magnesium phosphide only to a person holding a Subclass C6 or D6 permit or a Subclass E5 certificate;
(3)  a Class 3A pesticide only to a person who meets either of the following conditions and who provides an agronomic prescription that meets the requirements of section 74.2 or, where applicable, section 74.4 of the Pesticides Management Code (chapter P-9.3, r. 1):
(a)  the person holds a Subclass C8 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act (chapter P-9.3), from the requirement to hold such a permit, but the person is the holder of a Subclass E1 or E2 certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate; and
(4)  a pesticide containing atrazine, chlorpyrifos, clothianidin, imidacloprid or thiamethoxam only to a person who meets either of the following conditions and who provides an agronomic prescription that meets the requirements of section 74.2 or, where applicable, section 74.4 of the Pesticides Management Code:
(a)  the person holds a Subclass C1, C8 or D1 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but holds a Subclass E1 or E2 certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate;
(5)  a pesticide containing atrazine, chlorpyrifos, clothianidin, imidacloprid or thiamethoxam only to a person who meets either of the following conditions:
(a)  the person holds a permit authorizing the person to cause to be performed work involving the use of such a pesticide other than a Subclass C1, C8 or D1 permit;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but holds a Subclass E3 or a Class F certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate; and
(6)  Class 2 to Class 3 pesticides other than those listed in paragraphs 2 and 4 only to a person who meets either of the following conditions:
(a)  the person holds a permit authorizing the person to cause to be performed work involving the use of such a pesticide;
(b)  the person is exempt, under section 35 of the Pesticides Act, from the requirement to hold such a permit, but the person is the holder of a Class E or F certificate authorizing the person to apply the pesticide or the person employs a person holding such a certificate.
O.C. 305-97, s. 44; 71-2018O.C. 71-2018, s. 14.
The provisions related to the requirement to provide an agronomic prescription, which come into force, depending on the pesticide concerned, on the following dates:
8 September 2018 for Class 3A pesticides;
1 April 2019 for Class 1 to Class 3 pesticides containing chlorpyrifos, clothianidin, imidacloprid or thiamethoxam.
(see O.C. 71-2018, s. 32)
44. A holder of a Remunerated Work Permit may neither offer to perform for remuneration, nor perform or cause to be performed for remuneration, work involving the application of a pesticide other than a Class 5 pesticide for a purpose, at a place, in a space, on an object or property or using an application method that is not covered by his permit.
O.C. 305-97, s. 44.