P-9.3 - Pesticides Act

Section 109 Disposition versions

2022-05-12

109. In addition to its other regulation-making powers under this Act, the Government may, by regulation,

(1)  establish classes of pesticides;

(2)  exempt any pesticide from the application of all or part of the provisions of Chapter IV or the regulations thereunder, on the conditions it may determine;

(3)  establish classes and subclasses of permits and certificates, and fix for each the date from which the permits or certificates become exigible;

(4)  determine conditions applicable to the issue, renewal, revision or revocation of a permit or certificate and the documents and information to be furnished;

(5)  fix the fees exigible for the issue, the renewal and, in such cases as it may determine, the modification of a permit or certificate, which may vary according to the term, class or subclass of permit or certificate, or according to the extent or importance of the activities;

(6)  prescribe a charge for the issue of duplicates of permits or certificates;

(7)  require, as a condition prior to issue or renewal of a permit and in such cases as it may determine, that a person provide a guarantee to enable the Minister to take or cause to be taken measures required under section 24, 26 or 27, the cost of which may be payable by the person, fix the nature and the amount of the guarantee and the conditions on which the guarantee may be used by the Minister and on which it may be released;

(8)  prescribe the requirements to be observed by the holder of a permit or certificate;

(9)  require, as a condition prior to issue of a permit, that a person take out civil liability insurance and maintain it in force during the term of his permit, prescribe the kind, coverage and the amount thereof and the other applicable conditions;

(10)  indicate the registers that must be kept by all or some of the permit holders and determine the conditions which apply thereto;

(11)  indicate the records or other documents to be preserved by all or certain permit holders and prescribe the applicable requirements and the time for which they must be preserved;

(11.1)  determine the landscaping, extermination or fumigation activities contemplated by section 102;

(11.2)  determine the activities that require the supervision of a certificate holder and the applicable conditions;

(11.3)  establish measures providing for the use of economic instruments, including fees or charges related to the distribution, sale, manufacture, acquisition outside Québec, possession, storage, transportation or use of pesticides and of any pesticide container, pesticide waste or equipment used for any such activities;

(11.4)  establish any rule that is necessary for or relevant to carrying out measures referred to in paragraph 11.3 and that pertains, in particular, to the determination of persons required to pay the fees or charges referred to in that paragraph, the conditions applicable to their collection and the interest and penalties payable if they are not paid;

(11.5)  determine the information that is public information and, if applicable, the terms and conditions relating to its distribution;

(12)  prescribe that contravention of the provisions of the regulations which it indicates constitutes an offence;

(13)  prescribe any other measure required to facilitate the carrying out of this Act.

Any regulatory provision made under this Act that concerns the active ingredients contained in pesticides must be evaluated every two years to take into account the evolution of scientific and technological knowledge applicable to it.

1987, c. 29, s. 109; 1993, c. 77, s. 12; 2022, c. 8, s. 78.

1997-04-23

109. In addition to its other regulation-making powers under this Act, the Government may, by regulation,

(1)  establish classes of pesticides;

(2)  exempt any pesticide from the application of all or part of the provisions of Chapter IV or the regulations thereunder, on the conditions it may determine;

(3)  establish classes and subclasses of permits and certificates, and fix for each the date from which the permits or certificates become exigible;

(4)  determine conditions applicable to the issue or renewal of a permit or certificate and the documents and information to be furnished;

(5)  fix the fees exigible for the issue, the renewal and, in such cases as it may determine, the modification of a permit or certificate, which may vary according to the term, class or subclass of permit or certificate, or according to the extent or importance of the activities;

(6)  prescribe a charge for the issue of duplicates of permits or certificates;

(7)  require, as a condition prior to issue or renewal of a permit and in such cases as it may determine, that a person provide a guarantee to enable the Minister to take or cause to be taken measures required under section 24, 26 or 27, the cost of which may be payable by the person, fix the nature and the amount of the guarantee and the conditions on which the guarantee may be used by the Minister and on which it may be released;

(8)  prescribe the requirements to be observed by the holder of a permit or certificate;

(9)  require, as a condition prior to issue of a permit, that a person take out civil liability insurance and maintain it in force during the term of his permit, prescribe the kind, coverage and the amount thereof and the other applicable conditions;

(10)  indicate the registers that must be kept by all or some of the permit holders and determine the conditions which apply thereto;

(11)  indicate the records or other documents to be preserved by all or certain permit holders and prescribe the applicable requirements and the time for which they must be preserved;

(11.1)  determine the landscaping, extermination or fumigation activities contemplated by section 102;

(12)  prescribe that contravention of the provisions of the regulations which it indicates constitutes an offence;

(13)  prescribe any other measure required to facilitate the carrying out of this Act.

1987, c. 29, s. 109; 1993, c. 77, s. 12.

1988-07-07

109. In addition to its other regulation-making powers under this Act, the Government may, by regulation,

(1)  establish classes of pesticides;

(2)  exempt any pesticide from the application of all or part of the provisions of Chapter IV or the regulations thereunder, on the conditions it may determine;

(3)  establish classes and subclasses of permits and certificates, and fix for each the date from which the permits or certificates become exigible;

(4)  determine conditions applicable to the issue or renewal of a permit or certificate and the documents and information to be furnished;

(5)  fix the fees exigible for the issue, the renewal and, in such cases as it may determine, the modification of a permit or certificate, which may vary according to the term, class or subclass of permit or certificate, or according to the extent or importance of the activities;

(6)  prescribe a charge for the issue of duplicates of permits or certificates;

(7)  require, as a condition prior to issue or renewal of a permit and in such cases as it may determine, that a person provide a guarantee to enable the Minister to take or cause to be taken measures required under section 24, 26 or 27, the cost of which may be payable by the person, fix the nature and the amount of the guarantee and the conditions on which the guarantee may be used by the Minister and on which it may be released;

(8)  prescribe the requirements to be observed by the holder of a permit or certificate;

(9)  require, as a condition prior to issue of a permit, that a person take out civil liability insurance and maintain it in force during the term of his permit, prescribe the kind, coverage and the amount thereof and the other applicable conditions;

(10)  indicate the records to be kept and the statements to be prepared and transmitted to the Minister by all or certain permit holders, and prescribe the applicable requirements and the time for transmitting the statements;

(11)  indicate the records or other documents to be preserved by all or certain permit holders and prescribe the applicable requirements and the time for which they must be preserved;

(12)  prescribe that contravention of the provisions of the regulations which it indicates constitutes an offence;

(13)  prescribe any other measure required to facilitate the carrying out of this Act.

1987, c. 29, s. 109.