P-9.3, r. 1 - Pesticides Management Code

Section 32.1 Disposition versions

2023-07-06

32.1. Despite section 32, any of the following pesticides may, on the conditions set hereafter, be applied inside or outside an establishment referred to in that section:

(1)  a pesticide containing beta-cyfluthrin, cyfluthrin, imidacloprid or lambda-cyhalothrin to control or destroy flying insects, crawling insects, food insects or wood insects if the pesticide application

i.  is carried out by a holder of a Subclass C5 permit;

ii.  is preceded by the application of a biopesticide or a pesticide containing an active ingredient listed in Schedule II, carried out at least 7 days before the application of a pesticide containing that active ingredient, in the case of crawling insects or wood insects; and

iii.  is carried out on a surface that is not accessible to children;

(2)  a pesticide containing D-phenothrin or tetramethrin to destroy wasps’, hornets’ or bees’ nests if the pesticide application is carried out by a holder of a Subclass C5 permit;

(3)  a pesticide to control or destroy rodents if

i.  the pesticide is used in solid form in traps, stations or containers that prevent any contact with a person or a non-target animal; and

ii.  the pesticide application is carried out by a holder of a Subclass C5 permit;

(4)  a pesticide containing permethrin to control or destroy carpenter ants or termites if

i.  the pesticide is applied on a surface that is not accessible to children;

ii.  the pesticide is applied by the holder of a Subclass C5 permit.

A pesticide to control the emerald ash borer may also be injected in the trees on the grounds of an establishment referred to in section 32 if

(1)  the injection is carried out by a holder of a Subclass C4 permit and the holder of the permit takes the measures required to prevent any person from coming into contact with the injector; and

(2)  the injection holes are sealed after the application.

The holder of a permit referred to in this section must, at least 24 hours and no more than 5 days before the application of a pesticide referred to in the first or the second paragraph, notify the administrator of the establishment in writing. The holder of the permit must state in the notice the name of the pesticide to be applied and the name of the active ingredients, the registration number assigned to the pesticide under the Pest Control Products Act (S.C. 2002, c. 28), the reasons justifying the application of the pesticide, the place where the pesticide is to be applied and the proposed date and time of the application.

The holder of a permit referred to in this section must also notify the administrator of the establishment of the time at which a pesticide referred to in the first or second paragraph is to be applied at least 1 hour before its application if the notice referred to in the third paragraph was sent between 48 hours and 5 days before the application of the pesticide.

Despite the third paragraph, no notice is needed before the application of a pesticide referred to in subparagraph 2 of the first paragraph.

O.C. 70-2018, s. 5; O.C. 990-2023, s. 16.

2018-03-08

32.1. Despite section 32, a pesticide containing any of the following active ingredients may, on the conditions set hereafter, be applied inside or outside an establishment referred to in that section:

(1)  cyfluthrin to control or destroy flying insects, crawling insects, food insects or wood insects if the pesticide application

i.  is carried out by a holder of a Subclass C5 permit; and

ii.  is preceded by the application of a biopesticide or a pesticide containing an active ingredient listed in Schedule II, carried out at least 7 days before the application of a pesticide containing that active ingredient, in the case of crawling insects or wood insects;

(2)  D-phenothrin or tetramethrin to destroy wasps’, hornets’ or bees’ nests if the pesticide application is carried out by a holder of a Subclass C5 permit;

(3)  bromadiolone in combination with denatonium benzoate or bromethalin in combination with denatonium benzoate to control or destroy rodents if

i.  the pesticide is used in solid form in traps, stations or containers that prevent any contact with human beings and that are locked; and

ii.  the pesticide application is carried out by a holder of a Subclass C5 permit.

A pesticide to control the emerald ash borer may also be injected in the trees on the grounds of an establishment referred to in section 32 if

(1)  the injection is carried out by a holder of a Subclass C4 permit and the holder of the permit takes the measures required to prevent any person from coming into contact with the injector; and

(2)  the injection holes are sealed after the application.

The holder of a permit referred to in this section must, at least 24 hours before the application of a pesticide referred to in the first or the second paragraph, notify the administrator of the establishment in writing. The holder of the permit must state in the notice the name of the pesticide to be applied and the name of the active ingredients, the registration number assigned to the pesticide under the Pest Control Products Act (S.C. 2002, c. 28), the reasons justifying the application of the pesticide and the proposed date and time of the application.

O.C. 70-2018, s. 5.