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Home My WebLink AboutDecember 8, 2008 Executive Committee Meeting Agenda Monday, December 8, 2008 7:30 pm Council Chambers Chair: Councillor Mclean (I) MATTERS FOR CONSIDERATION PAGES 1. Director, Operations & Emergency Services, Report OES 42-08 Supply & Delivery of Heavy Rescue Vehicle -Q-67 -2008 1-10 RECOMMENDATION: 1. That Report OES 42-08 of the Director, Operations & Emergency Services regarding the supply and delivery of One (1) Heavy Rescue Vehicle be received; 2. That Quotation No. Q-67 -2008, as submitted by Safetek Emergency Vehicles for the supply and delivery of One (1) Heavy Rescue Vehicle, in the gross amount of $621,705 (PST exempt, GST included) and a net cost of $592,100 be accepted; 3. That the total gross project cost of $1,260,000 (GST included) including Quotation No. Q-67 -2008 and associated costs and the total net purchase cost of $1,200,000 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the supply and delivery of the Heavy Rescue Vehicle in the amount of $592,100 as follows: a) that the sum of $440,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years, at a rate to be determined; b) that the sum of $150,000 be funded by a contribution from the Ontario Power Generation (OPG); c) that the sum of $2,100 be funded from the 2008 Current Budget; d) to undertake the financing of this project or portions thereof that cannot be accommodated through the foregoing through internal loans, the Ontario Strategic Infrastructure Financing Authority (OSIFA) - Loan Executive Committee Meeting Agenda Monday, Decem ber 8, 2008 7:30 pm Council Chambers Chair: Councillor McLean Program or a financial institution offering long term financing under similar terms and conditions; e) to make any changes, adjustments, and revisions to amounts, terms, conditions or any other actions necessary in order to effect the above directions of Council; f) the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2008 as established by the Province for municipalities in Ontario; g) the Treasurer be authorized to take any actions necessary to effect the foregoing; 5. That Council authorize the Director, Corporate Services & Treasurer to finance the associated costs including Extrication Tools and Fire Rescue Equipment, High Angle Equipment, and Ice/Water Rescue Equipment at a estimated cost not exceeding $607,900 as follows: a) that the sum not exceeding $605,000 to be financed by an internal loan over a period not to exceed ten (10) years, at a rate to be determined; b) that the sum of $2,900 to be funded from the 2008 Current Budget; c) that depending on the outcome of the quotation call on the Extrication Tools and Fire Rescue Equipment, the final financing cost will be subject to revision; 6. That the annual repayment charges for both the external debenture and internal loan in the amount of approximately $135,700 be included in the annual Current Budget for the City of Pickering commencing in 2009, continuing thereafter until the debenture and loan are repaid, and any financing cost to be paid out of the Current Budget; 7. That the Director, Corporate Services & Treasurer be authorized to apply any excess proceeds raised to other capital projects for which long-term financing is required, as is permitted under the Municipal Act, 2001; Executive Committee Meeting Agenda Monday, Decem ber 8, 2008 7:30 pm Council Chambers Chair: Councillor McLean 8. That the draft by-law attached to this report be enacted; and 9. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. 2. Director, Operations & Emergency Services, Report OES 45-08 Province of Ontario's Cosmetic Pesticide Ban Act, 2008 Regulation Comment Period 11-113 RECOMMENDATION 1. That Report OES 45-08 of the Director, Operations & Emergency Services be received; 2. That the City of Pickering submit comments to the Province of Ontario as part of the public consultation process for Cosmetic Pesticide Ban Act, 2008 proposed Regulation; and 3. That the City of Pickering staff forward a copy of the comments to the Ontario Parks Association. 3. Director, Corporate Services & Treasurer, Report CS 53-08 Updated Sian By-law 114-156 RECOMMENDATION 1. That Report CS 53-08 of the Director, Corporate Services & Treasurer be received; 2. That staff be directed to solicit input from industry stakeholders and the public regarding the draft sign by-law included as Attachment 1 to this report; 3. That staff report back to Council, upon the completion of the consultation process and recommend a final sign by-law to Council; and 4. That the appropriate staff of the City of Pickering be given the authority to give effect thereto. Executive Committee Meeting Agenda Monday, December 8,2008 7:30 pm Council Chambers Chair: Councillor McLean 4. Director, Corporate Services & Treasurer, Report CS 54-08 Fees By-law Amendment -Sidewalk Snow ClearinQ CharQes 157-159 RECOMMENDATION 1. That Report CS 54-08 of the Director, Corporate Services & Treasurer be received; 2. That the recommended amendments to the Fees By-law be adopted; and 3. That snow removal required in relation to the enforcement of the Sidewalk Snow Clearing By-law be provided by a contractor arranged by the City. 5. Director, Corporate Services & Treasurer, Report CS 55-08 2009 Interim SpendinQ Authority_ 160-163 RECOMMENDATION 1. That Report CS 55-08 from the Director, Corporate Services & Treasurer be received; 2. That the 2009 Interim Operating Expenditures be approved at 50% of the prior years' budget including adjustments as contained in Attachment 1, pending approval of the formal 2009 Current Budget by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 6. Director, Corporate Services & Treasurer, Report CS 56-08 2009 Temporary BorrowinQ By-law 164-168 RECOMMENDATION 1. That Report CS 56-08 from the Director, Corporate Services & Treasurer be received; 2. That the temporary borrowing limit to meet 2009 current expenditures pending receipt of taxes and other revenues be established at $31,900,000 Executive Committee Meeting Agenda Monday, December 8,2008 7:30 pm Council Chambers Chair: Councillor Mclean for the period January 1, 2009 to September 30, 2009 inclusive, and $15,900,000 thereafter until December 31,2009; 3. That the temporary borrowing limit for capital purposes for 2009 be established at $19,000,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 7. Director, Corporate Services & Treasurer, Report CS 57-08 2009 Interim Levy & Tax Due Dates 169-174 RECOMMENDATION 1. . That Report CS 57-08 of the Director, Corporate Services & Treasurer be received; . 2. That an interim levy be adopted for 2009 for all of the realty property classes; 3. That the interim levy tax instalment due dates be February 27 and April 28, 2009; 4. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 5. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. (II) OTHER BUSINESS (III) ADJOURNMENT Cit11 (J~ REPORT TO EXECUTIVE COMMITTEE Report Number: OES 42-08 Date: December 8, 2008 o 1 From: Everett Buntsma Director, Operations & Emergency Services Subject: Supply & Delivery of Heavy Rescue Vehicle 0-67 -2008 File: A-1440 Recommendation: 1. That Report OES 42-08 of the Director, Operations & Emergency Services regarding the supply and delivery of One (1) Heavy Rescue Vehicle be received; 2. That Quotation No. 0-67-2008, as submitted by Safetek Emergency Vehicles for the supply and delivery of One (1) Heavy Rescue Vehicle, in the gross amount of $621,705 (PST exempt, GST included) and a net cost of $592,100 be accepted; 3. That the total gross project cost of $1,260,000 (GST included) including Ouotation No. 0-67-2008 and associated costs and the total net purchase cost of $1,200,000 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the supply and delivery of the Heavy Rescue Vehicle in the amount of $592,100 as follows: a) that the sum of $440,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years, at a rate to be determined; b) that the sum of $150,000 be funded by a contribution from the Ontario Power Generation (OPG); c) that the sum of$2,1 00 be funded from the 2008 Current Budget; d) to undertake the financing of this project or portions thereof that cannot be accommodated through the foregoing through internal loans, the Ontario Strategic Infrastructure Financing Authority (OSIFA) - Loan Program or a OES 42-08 Heavy Rescue Truck December 8, 2008 02 Page 2 financial institution offering long term financing under similar terms and conditions; e) to make any changes, adjustments, and reVISions to amounts, terms, conditions or any other actions necessary in order to effect the above directions of Council; f) the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2008 as established by the Province for municipalities in Ontario; g) the Treasurer be authorized to take any actions necessary to effect the foregoing; 5. That the Council authorize the Director, Corporate Services & Treasurer to finance the associated costs including Extrication Tools and Fire Rescue Equipment, High Angle Equipment, and Ice/Water Rescue Equipment at a estimated cost not exceeding $607,900 as follows: a) that the sum not exceeding $605,000 to be financed by an internal loan over a period not to exceed ten (10) years, at a rate to be determined; b) that the sum of $2,900 to be funded from the 2008 Current Budget; c) that depending on the outcome of the quotation call on the Extrication Tools and Fire Rescue Equipment, the final financing cost will be subject to revision; 6. That the annual repayment charges for both the external debenture and internal loan in the amount of approximately $135,700 be included in the annual Current Budget for the City of Pickering commencing in 2009, continuing thereafter until the debenture and loan are repaid, and any financing cost to be paid out of the Current Budget; 7. That the Director, Corporate Services & Treasurer be authorized to apply any excess proceeds raised to other capital projects for which long-term financing is required, as is permitted under the Municipal Act, 2001; 8. That the draft by-law attached to this report be enacted; and 9. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. OES 42-08 Heavy Rescue Truck December 8, 2008 Page 3 03 Executive Summary: The purchase of a Heavy Rescue Vehicle with the associated tools and equipment was identified and approved by Council in the 2008 Capital Budget. This vehicle will replace the City's Unit #514, a 1991 International Rescue Vehicle. At this time we wish to proceed with the purchase of the Heavy Rescue Vehicle under Quotation No. Q-67-2008. A separate quotation call will be undertaken to solicit pricing for the associated extrication tools and fire rescue equipment required. Depending on the value of the quotation, this will be reported to Council accordingly. The total estimated cost is being presented in this report in order to obtain Council approval to formalize the financing required for this project. OES 42-08 Heavy Rescue Truck December 8, 2008 04 Page 4 Q-67-2008 Heavy Rescue Vehicle $592,100 Associated Costs: Extrication Tools & Fire Rescue 607,900 Equipment, High Angle and Ice/Water Rescue Equipment Total Pu rchase Cost 1,200,000 GST 60,000 Total Gross Purchase Cost 1,200,000 GST Rebate (60,000) Total Net Purchase Cost $1,200,000 Project cost under (over) Approved Funds 0 As the purchase of the Heavy Rescue Vehicle and the associated extrication tools and equipment was not solicited under the same quotation call, the Treasurer feels that the component related to the extrication tools and equipment may not be deemed as part of a fully equipped Heavy Rescue Vehicle and resulting difficulty in obtaining external borrowing. Also, the associated extrication tools and equipment with various useful lives will affect the term set for the external debenture. Instead, internal bmrowing is being undertaken for the component related to the associated extrication tools and equipment. For external borrowing purposes, the financing of the Heavy Rescue Vehicle is to be isolated from the associated extrication tools and equipment. The attached draft debenture by-law to be enacted will incorporate the financing cost related to the supply and delivery of the Heavy Rescue Vehicle only. The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditure contained in this report and concurs. Sustainability Implications: This vehicle will be equipped with the latest technology in passenger safety which will include such features as roll stability control and supplemental inflatable restraints for all occupants. These options will provide increased protection to Fire Services personnel in emergency response situations. Also, the engine powering the vehicle meets the Environmental Protection Agency's latest emission standards, significantly reducing the amount of harmful remissions created by the operations of the vehicle. OES 42-08 Heavy Rescue Truck December 8, 2008 Page 5 us Background: The purchase of a Heavy Rescue Vehicle was identified and approved by Council in the 2008 Capital Budget. Specifications for the vehicle were compiled by the Fire Services Division after attending a Fire Safety conference, . tradeshows and completing an extensive review of the latest personnel safety and rescue technology, and were provided to Supply & Services to assist in developing a request for quotation document. Supply & Services invited five (5) vendors to participate in the bidding process, of which one (1) has responded. Upon careful examination of the only submission it is the recommendation of Pickering Fire Services that Quotation No. Q-67-2008 submitted by Safetek Emergency Vehicles in the amount of $621,705 (GST included) be accepted and the net purchase cost of $592,100 be approved. An awarQ exceeding $81,000 in a quotation process is subject to Council approval. It was deemed beneficial for the City to have separate quotation calls for the Heavy Rescue Vehicle and the associated tools and equipment in order to generate competition among suppliers specializing in such equipment. Suppliers specializing in such equipment can provide a better valuation of these products along with warranty and service. Quotations have been previously received for the supply and delivery of the high angle equipment and supply and delivery of ice/water rescue equipment. These two quotations did not exceed $81,000 and were not subject to Council approval. A separate quotatjon call will be undertaken to solicit pricing for the associated extrication tools and fire rescue equipment. At this time we are providing financing for the maximum amount as approved in the 2008 Capital Budget for the associated tools and equipment as the quotation has not been called and we are uncertain on the exact amount required. Also, the various tools and equipment required have differing useful lives, and thus affect the term to set for the internal loan. The final amount required along with the term of the internal loan will be finalized upon receiving the quotation call for the extrication tools and equipment. This will be reported to the Council accordingly. In 2006, OPG contributed $150,000 to the City towards the purchase of a new fire pumper. In 2008, the City requested that the same funds be diverted towards the purchase of a heavy fire rescue vehicle as the purchase of a new fire pumper was not approved by Council. In a letter dated May 5, 2008, OPG has officially provided permission to the City to reallocate the funds towards the purchase of a heavy fire rescue vehicle. This report has been prepared in conjunction with the Manager, Supply & Services and Senior Financial Analyst who concur with the foregoing. OES 42-08 Heavy Rescue Truck December 8, 2008 06 Page 6 Attachments: 1. Supply & Services Summary Memorandum 2. By-law to confirm the authorization of the Issuance of debentures in the amount of $440,000 for the supply and delivery of Heavy Rescue Vehicle Approved/Endorsed By: \ Ever unt Director, Operations & Emergency Services g~ Bill Douglas Fire Chief \ \ \ ~~~~~ >t.":~ ---'~ Gillis Paterson Director, Corporate Services & Treasurer C"1.'~:? Vera Felgemacher C.P.P., CPPO, CPPB, C.P.M., CMM III Manager, Supply & Services S2~ Caryn Kong Senior Financial Analyst GS:cr Copy: Chief Administrative Officer Recommended for the consideration of Pickering C' u il '\ Citq 0# l'J 7 ATTACHMEN"'f#L TO REPORT # ~5 "+.;'J.- o?;' MEMO To: Bill Douglas Fire Chief From: Bob Kuzma Senior Purchasing Analyst Supervisor, Fleet Operations Copy: Subject: Q-67-2008 - Supply & Delivery of Heavy Rescue Vehicle Closing: Wednesday, October 15, 2008 Quotations have been received for the above project. Five (5) companies were invited to participate of which one (1) has responded. Quotations shall be irrevocable for 60 days after the official closing date and time. A copy of the quotation is attached for your review along with the summary of costs. Each line item provides a space for the vendor to indicate a "Yes, No, Specify" to provide the City with information anddetaiis to subjectively review each line item and the sum total of all specifications. Specifications item #4 (b) states: A mark in the "no" space shall mean a deviation from the specification and must be further detailed in the SPECIFY space. Specifications item #5 states: Where a manufacturer deviates from the quotation specifications they must indicate "NO" and then specify the changes. The acceptance of these deviations relies solely within the.discretion of the City. The quotation submitted by Safetek EmergencyVehicles in the total amount of $621,705.00 is the only quotation and is subject to further evaluation of the vehicles conformance to specification. Please advise with your recommendation any reason the bid from Safetek Emergency Vehicles is not acceptal;>le. SUMMARY' After Vendor Amount G.S.T. Total Calculation Check Safetek Emergency , $592,100.00 $ 29,605.00 $621,705.00 $621,705.00 Vehicles Bidders will be advised of the outcome. Please do not disclose pricing toenquiring bidders. Subject to Council approval, an approved "on-line" requisition will also be required to proceed. If you require further information or assistance during the evaluation phase of this quotation call, contact me at extension 2131 . Ibk Att: October 21,2008 Q-67-2008 Heavy Rescue Vehicle Page 2 ATTACHMENT#L TO REPORT#~- 4c2-(l)P THE CORPORATION OF THE CITY OF PICKERING 09 BY-LAW NO. Being a by-law to authorize the Supply & Delivery of Heavy Rescue Vehicle in the City of Pickering and the issuance of debentures therefor in the amount of $440,000. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City wishes to proceed in respect of the Supply & Delivery of Heavy Rescue Vehicle; and, WHEREAS before authorizing the project to proceed in respect of the Supply & Delivery of Heavy Rescue Vehicle on the date hereof the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval is not required as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; AND WHEREAS after determining that Ontario Municipal Board approval is not required, the Council of the City approved Report OES 42-08 on the date hereof and awarded Quotation Q-67-2008 for the Supply & Delivery of the Heavy Rescue Vehicle project. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: CORP0223-07/01 BY-LAW NO Page 2 ,0 1. That the City proceed with the project referred to as "Supply & Delivery of Heavy Rescue Vehicle"; 2. That the estimated costs of the project in the amount of $592,100 be financed as follows: a) That the sum of $440,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $150,000 be funded by a contribution from the Ontario Power Generation (OPG); c) That the sum of $2,100 be funded from the 2008 Current Budget; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2009 and continuing thereafter until the loan is repaid. BY-LAW read a first, second and third time and finally passed this 15th day of December, 2008. David Ryan, Mayor Debi A. Wilcox, City Clerk REPORT TO EXECUTIVE COMMITTEE Report Number: OES 45-08 Date: December 8, 2008 1 1 From: Everett Buntsma Director, Operations & Emergency Services Subject: Province of Ontario's Cosmetic Pesticide Ban Act, 2008 Regulation Comment Period - File: A-1440 Recommendation: 1. That Report OES 45-08 of the Director, Operations & Emergency Services be received; 2. That the City of Pickering submit comments to the Province of Ontario as part of the public consultation process for Cosmetic Pesticide Ban Act, 2008 proposed Regulation; and 3. That the City of Pickering staff forward a copy of the comments to the Ontario Parks Association. Executive Summary: On April 22, 2008 the Province of Ontario introduced Bill 64, an Act to amend the Pesticides Act to prohibit the use and sale of pesticides that may be used for cosmetic purposes. In an effort to ensure the final regulation reflected the City of Pickering's draft Pesticide Use By-law, the City issued a letter and a copy of the Pickering's draft Pesticide Use By-law to the Province as part of the comment process. On June 18, 2008 the Province of Ontario passed the Cosmetic Pesticides Ban Act. It amended the Pesticides Act to ban the use and sale of pesticides for cosmetic purposes except for noted exceptions. The provincial ban superseded Ibcal municipal by-laws. Ontario Regulation 914 is the current General Regulation under the Pesticides Act. On November 7, 2008 the Province of Ontario placed the proposed draft Regulation to replace Regulation 914 on the Environmental Registry for public input. The draft Regulation and Pesticides Act are attached along with an informative Fact Sheet about the Ban. The Ministry of Environment is seeking public input until December 22, 2008. A Draft Letter with comments about the proposed Regulation is also attached. Financial Implications: Recommendation #1: There are no financial implications. Recommendation #2: There are no financial implications. Recommendation #3: There are no financial implications. Report OES 45-08 December 8,2008 Subject: I I! I. 1 2 Province of Ontario's Cosmetic Pesticide Ban Act, 2008 Regulation Comment Period Page 2 Sustainability Implications: The implications of the draft Regulation are similar to those of the Cosmetic Pesticide Act and the draft City of Pickering Pesticide Use By- law. . Pesticide restriction has remained a contentious issue. However, as with any chemical, when misused pesticides can be a problem for both the environment and human health. With regard to the economy, the draft Regulation outlined what was being proposed and passed with the Cosmetic Pesticides Ban Act, however, a few notable differences were made within the exceptions. Exemptions are being proposed for golf courses, forestry, agriculture, public safety and health (including emergency access to public works), sports fields (used to host national or international competitions), specialty turf (used for lawn bowling, cricket, lawn tennis and croquet), trees, protection of national resources, and exemptions for uses required by other acts. The exemption for specialty turf is similar to that which was within Pickering's draft Pesticide Use By-law. The City of Pickering has already greatly reduced its use of pesticides. However, if the draft Regulation is not altered to include City sports fields, hard surfaces and insect infestations there will be a need to increase the use of alternative products, as well as for resources to expand the current cultural practices. Background: On June 18, 2008 the Province of Ontario passed the Cosmetic Pesticides Ban Act, an amendment to the Pesticides Act. On November 7, 2008 the Province of Ontario released proposed draft Regulation regarding the Cosmetic Pesticides Ban. It is currently posted on the Environmental Registry (ebr.gov.on.ca (Registry #010-5080)) for public comment. Comment period ends December 22,2008. There have been some changes since we last reviewed the Act including the addition of exemptions for the following: specialty turf used for lawn bowling, lawn tennis and croquet under certain conditions, and sports fields that host national or international level sports competitions. There is also a section specific to pesticide storage and fire department notification. The attached Fact Sheet - Pesticides Ban briefly outlines the Regulation and indicates where the modified sections are within the draft Regulation. Staff recommend that a letter be submitted to the Province of Ontario as part of the public consultation process that concludes December 22, 2008. The letter should reflect that the City supports the inclusion of specialty turf with the list of exemptions. In addition, to be consistent with Pickering's draft Pesticide Use By-law, we request that consideration be given to modify the draft Regulation to provide exemptions for municipalities to spot spray on warning tracks, municipalities to spot treat sport fields if 30 percent threshold of non-qualified turf is identified, municipalities to spot treat hard surfaces and insect infestations. The letter should also request that additional CORP0227-07101 revised Report OES 45-08 December 8, 2008 Subject: Province of Ontario's Cosmetic Pesticide Ban Act, 2008 Regulation Comment Period Page 3 '] 3 information about education, enforcement and timeframes be provided to municipalities. Furthermore, the Ontario Parks Association (OPA) requested that municipalities forward their comments on the draft Regulation to them so that they may include the comments in OPA's response to the Province of Ontario. Staff recommend that a copy of the letter to the Province of Ontario be sent as requested. Attachments: 1. Fact Sheet - Pesticides Ban 2. Draft Regulation 3. Pesticide Act 4. Draft Letter - Pesticide Ban Comments EBR 010-5080 Prepared By: 30 Hannah perintendent, Municipal Operations Clnl.~l~t-~ '. Chantal Whitaker Coordinator, Environmental Awareness Programs fCW Attachments CORP0227-07/01 revised Report OES 45-08 December 8, 2008 Subject: I I, '1 4 Province of Ontario's Cosmetic Pesticide Ban Act, 2008 Regulation Comment Period Page 4 Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Coun 'l .1/ CORP0227-07/01 revised I\TTACHMENT#__L_c"" ro REPORT# Oes L/-S-6g / .ot Z. t'):-:: V Ontario 1 5 T Ministry of the Environment November 7, 2008 Implementing the Cosmetic Pesticides Ban Proposed New Regulation The Cosmetic Pesticides Ban Act was passed in June 2008. It amended the Pesticides Act to ban the use and sale of pesticides for cosmetic purposes. The Act provides exceptions for agriculture, forestry, health or safety, and golf courses if certain conditions are met. The provincial ban supersedes local municipal pesticides by-laws to create one clear, transparent and understandable set of rules across the province. Ontario Regulation 914 is the current General Regulation under the Pesticides Act. A proposed new regulation to replace Regulation 914 contains additional proposed provisions for implementing the ban. The Ministry of the Environment is seeking public input via the Environmental Registry until December 22, 2008. Following are the key provisions of the proposed regulation. Banned Pesticides The draft regulation includes a: . List of pesticides (ingredients in pesticide products) to be banned for cosmetic use . List of pesticide products to be banned for sale . List of domestic pesticide products to be restricted for sale. Restricted sale products include those with cosmetic and non-cosmetic uses (Le., a product that's allowed to be used inside the house but not for exterior cosmetic use), and would not be available self-serve. Proposed Exceptions Only the following uses of banned pesticides are proposed to be allowed. There are no exceptions for pest infestations (insects, fungi or weeds) on lawns, gardens, parks, school yards, cemeteries and other outdoor areas to which the ban applies, as lower risk alternatives currently exist. . Public health or safety exception: Applies to the control of plants that are poisonous to touch (e.g. poison ivy), animals that bite, sting, are venomous or are disease carrying (e.g. mosquitoes) and animals or plants that may cause significant damage to a structure or infrastructure (e.g. termites). The exception is defined in section 18 and detailed in section 21 of the draft regulation. Banned pesticides are allowed to be used to maintain safe conditions and emergency access to public works, which include highways, railways, power works, gas works, water works and other utilities. See section 21. . Golf courses, as defined in section 18, are excepted from the ban provided they follow tough new rules. These proposed rules are detailed in sections 19 and 20. - Golf course maintains Integrated Pest Management (I PM) accreditation by an approved accreditation body - Accredited golf course has a pesticide report prepared annually which documents how IPM accreditation minimizes pesticide use - Accredited golf course displays a copy of the pesticide report in a prominent place at the golf course accessible to the public and holds a public meeting annually to present the report. t"lENT#~j REPORT# OES 45-D<B ~_o!_-2-.. ! II I 1 6 . Sports fields: This exception provides a limited exception to fields that host national or international level sports competitions. Many municipal bylaws do not contain exceptions for sports fields. See section 25. . Specialtv turf: Banned pesticides could be used to maintain specialty turf used for lawn bowling, cricket, lawn tennis and croquet if certain conditions are met. Exception is detailed in section 27. . Trees: Homeowners would be able to buy and use lower risk products only (e.g. Btk - a biopesticide sprayed over Ontario cities for gypsy moth control). Licensed exterminators would be able to use conventional pesticides under certain conditions. See section 22. . Protection of natural resources: The Ministry of Natural Resources will identify specific circumstances where the use of banned pesticides is appropriate to protect and manage natural resources which includes activities such as controlling and eradicating invasive species. See section 23. . Exception for uses reauired bv other acts would allow the use of banned pesticides for the purpose of complying with a requirement under a provincial or federal act. Such uses would include the control of noxious weeds under the Weed Control Act and plant diseases under the Plant Diseases Act. See section 24. . Aariculture: Exception applies to a broad range of agricultural operations similar to the definitions in the Nutrient Management Act and the Farming and Food Production Protection Act. Exception does not apply to household vegetable gardens. The definition is outlined in section 18. . Forestrv: Exception applies to a broad range of forestry activities (e.g. harvest and reforestation). The definition is outlined in section 18 of the regulation. Notice Signs The proposed regulation would allow for the use of new 'notice' signs to make the public aware when low risk alternatives to conventional pesticides are used by licensed exterminators. An example is the use of com gluten meal to suppress weed germination in lawns. The requirements for the notice signs are described in sections 69 to 77. Pesticide Storage and Fire Department Notification Requirements In response to a recent fire in a facility that packages pesticides, the ministry is proposing to extend storage and fire department notification requirements for pesticide manufacturers to harmonize these requirements with those that exist for operators and vendors. These requirements would ensure local fire departments know where pesticides are stored, and that they are stored in a manner that protects public health and the environment. The requirements for storage are described in section 103 to 107 and for fire department notification in section 108. Other Changes Other changes are proposed to clarify existing provisions, update technical information, correct drafting errors and omissions and make changes of an editorial or technical nature to improve the clarity and understanding ofthe proposed new regulation including the reorganization of the sections. John Karapita, Minister's Office, 416-314-6736 Kate Jordan, Ministry of the Environment, 416-314-6666 ontario.ca/environment-news Disponible en frangais 2 ATTACHMENT# ;L J of TOREPORT# 085 Lt-S...oi s5 1 I This draft regulation is provided solely to facilitate public consultation under section 16 of the Environmental Bill of Rights, 1993. Should the decision be made to proceed with the proposal, the comments received during consultation will be considered during the final preparation of the regulation. The content, structure and form of the draft regulation are subject to change as a result of the consultation process and as result of review by the Office of Legislative Counsel. ONTARIO REGULATION made under the PESTICIDES ACT GENERAL Skip Table of Contents CONTENTS INTERPRET A T10N .L Definitions PESTICIDES ADVISORY COMMITTEE ~ Committee business CLASSIFICATION OF PESTICIDES .1 1, ~ ~ L. lie ~ lQ. Director to classify Application for classification Receipt of application by Committee Committee recommendations Classification by Director Reclassification Declassification Notice of change in registration, label GENERAL PROHIBITIONS AND EXEMPTIONS lL lk. l.l 1.1, li, lQ, Prohibition, use of pesticides General prohibition, DDT etc. Prohibition, use of water Exemption from Act, specified unclassified pesticides Exemption from Act, specified persons General exemption, water treatment USE OF PESTICIDES FOR COSMETIC PURPOSES Prescribed pesticides, s. 7.1 (I) of the Act Definitions of terms used in Act Golf courses Golf courses, reporting Promotion of public health or safety Trees Natural resources Other legislative requirements Specified sports fields Uses integral to structural extermination Specialty turf lL. !li.. !.2., 20. R 22. 2.l 24. 22.. 26. 27. 28. 29. 30. lL. 32. 33. M, 35. ApPLlCA nONS FOR LICENCES AND PERMITS Application for licence, general Application for exterminator's licence Exterminator's licence, qualifications Application for operator's lieence Operator's licence, qualifications Application for vendor's licence Vendor's licence, qualifications Application for permit EXTERMINATORS' LICENCES - GENERAL RULES 36. General requirements 1 8 37. JJ!.. J2.,. 40. iL 42. 43. 44. 45. ~ 47. 48. 49. 50. 2L 52. 53. 54. 55. ~ R ~ 59. @.. ~ 62. 63. 64. 65. 66. 67. 68. 69. 70. lL 72. 73. 74. 75. 76. 77. 78. 79. 80. ~ 82. 83. 84. 85. 86. 87. 88. 89. 90. 2L ~ 2J., 94. 2i, 2!l. 97. ATTACHMENT# ~ TOREPORT#oeS li~O~ '5-- 'L of ~. 2 Technicians and trainees Supervision of technicians, trainees Employment and supervision, general Employment, othcr EXTERMlNA TOR'S LICENCE EXEMPTIONS Exemption, specificd Class 5, 6 or 7 pesticides Exemption, farm land Exemption, certified agriculturist Exemption, certified agriculturist using Class 2 or 3 pesticidcs Exemption, assistant agriculturist STRUCTURAL EXTERMlNA T10NS Dcemed structural extermination Authorization to perform structural extermination Structural licence cxemption, Class 5, 6 or 7 pesticides Structuralliccnce exemptions, bees Structural extermination permits Fumigations, general requirements General space fumigations in buildings Fumigations in vaults Indoor fumigations under coverings or inside sealed containers Fumigations in vehicles or specified structures Fumigations of rodent burrows Outdoor fumigations of soil Structural exterminations using 4-amino-pyridine, strychnine and zinc phosphide Structural exterminations, suspensions in air LAND EXTERMINATIONS Authorization to perform land extermination Land licence exemption, permit Land licence exemption, animal repellent Land licence exemption, specified premises Land licence exemption, structural exterminator Duties of agriculturist Land extermination permits Land extermination, aerial application Groundhog burrows Notification requirements, application Requirement to post signs Election re signs Signs, general rules Residential notice and warning signs, posting Non-residential notice and non-residential warning signs, posting Non-residential notice and non-residential warning signs, timing Alternative to non-residential notice or non-residential warning signs Written notice WATER EXTERMINATIONS Authorization to perform water extermination Water extermination licences, exemptions Water extermination permits Water extermination, aerial application OPERATION OF EXTERMINATION BUSINESS Authorization to operate extermination business General requirements, licensed operator General ,requirements, licensed operator or other person Vehicle identification Operator's licence exemption, certified agriculturist Operator's licence exemption, municipality Operator's licence exemption, specified Class 5, 6 and 7 pesticides Insurance requirements SALE AND DISPLA Y OF PESTICIDES Licensed vcndor, general requirements Vendor's licence exemption Records of sales Display Prescribed pesticides, s. 7.1 (4) of the Act Sale, purchase and acquisition, prohibitions Sales in accordance with permits Sales to specified persons ATTACHMENT# a. ; TOREPORT# Oe5 t..\-5-oi of 55 Q I ./ 3 98. ~ General vendor, outlet representative Limited vendor 100. 1QL 102. .!Q1. 104. 105. 106. 107. .ulli, CONTAINERS AND STORAGE OF PESTICIDES Prohibition, containers Empty containers Damaged or broken eontainers Storage, prohibitions Storage in vehicles Storage, general requirements Storage of Class I, 2 or 3 pesticides Exemption, Class 5, 6 or 7 pesticides Fire department notifieation FIRES. ACCIDENTS. THEFTS 109. Direetor to be notified TRANSPORTATION .llQ, ill Transportation in vehicle, general Transportation in vehicle, Class I, 2, 3 or 4 pesticides AMENDMENT. REVOCATION AND COMMENCEMENT llb ill m Amendment Revocation Commencement INTERPRET AnON Definitions 1. (l) In this Regulation, "adequate respiratory protection" means, in respect of a pesticide, a respiratory device or devices that, (a) provide effective protection for the user from adverse effects that might result from breathing in the pesticide during the handling or use of the pesticide, and (b) comply with any requirements respecting respiratory devices that are set out on the pesticide's label; "application area" means the land on which a land extermination is performed or intended to be performed; "approved accreditation body" means an integrated pest management accreditation body approved by the Director; "assistant agriculturist" means a person who is at least 16 years of age who uses farm land for the production of plants, farm animals or both and who has successfully completed a course for assistant agriculturists with respect to the handling and use of pesticides on farm land if, (a) the course has been approved by the Director, and (b) the course was completed within the last 60 months or within such other period of time as may be specified by the Director; "certified agriculturist" means a person who is at least 16 years of age and who uses farm land for the production of plants, farm animals or both and who, within the last 60 months or within such other period of time as may be specified by the Director, (a) has taken a course for certified agriculturists that has been approved by the Director with respect to the handling and use of pesticides on farm land and has successfully completed the course, or (b) has been certified by the Director to possess experience that in the Director's opinion makes it unnecessary for the person to have completed the course described in clause (a); "farm animal" has the same meaning as in the Nutrient Management Act, 2002; ("animal d'elevage"); "farm land" means land that falls within the farm property class under section 7 of the Assessment Act; ') ~1 '-_ l. ATTACHMENT# ~ TO REPORT# oeS 45-D~ --1:Lof Sb 4 "fumigant" means a pesticide that is or that produces a gas, vapour, fume or smoke and that operates as a pesticide exclusively or primarily by the action ofthe gas, vapour, fume or smoke; "fumigant gas" means a fumigant that is a gas at a temperature of200 C and standard pressure; "fumigation" means a structural extermination performed by means of a fumigant gas or other fumigant; "general vendor" means a person who holds a general vendor's licence; "herbicide" means any pesticide used for the destruction or control of any vegetation; "limited vendor" means a person who holds a limited vendor's licence; "residential area" means a lot or parcel of land, (a) on which there are no buildings other than detached houses, semi-detached houses or rowhouses and their accessory buildings or structures, and (b) on which there is at least one and not more than a total of four detached houses, semi-detached houses or rowhouses; "rural area" means, (a) an application area that is not within the geographic limits of a city, town, village or borough; or (b) an application area on which there are fewer than twenty dwelling units within one kilometre of any given location; "sell" means sell, transfer or offer to sell or transfer; "suspension in air" means a mist, fog, vapour, fume, smoke, aerosol, ultra low volume or ultra low dosage application; "technician" means a person who is at least 16 years of age and, (a) has successfully completed, within the previous 24 months, a course approved by the Director for assistants to licensed exterminators concerning basic pesticide safety, or (b) satisfies the Director that the person is qualified to work as an assistant to a licensed exterminator; "trainee" means a person, other than a technician or licensed exterminator, who is at least 16 years of age and, (a) is enrolled in a course approved by the Director for assistants to licensed exterminators concerning basic pesticide safety, or (b) assists a licensed exterminator in the performance of an extermination. (2) For the purposes of the definitions of "assistant agriculturist" and "certified agriculturist", the Director may specify a period of time other than 60 months only if the Director considers it appropriate, having regard to the Act and this Regulation. (3) For the purposes of this Regulation, a reference to a Class 1,2,3,4,5,6,7,8,9, 10 or I I pesticide is a reference to a pesticide that is classified by the Director as a pesticide of that class. (4) A reference to a sign named in the Table to this section is to a sign that conforms with the illustration of the sign that is available on the website of the Ministry and that is dated as set out in the Table. TABLE I Si~ Number I Si~ Name I Date of illustration of si~ (see Ministry's web site) ATTACHMENT#__~, TOREPORT# oes 4.s:0~ ~ of 5< !) 1 L 5 I Fumigation warning signJl'ecriteau [date to be inserted), 2009 d'avertissement de fumigation 2 Structural extermination sign date to be inserted 2009 3 Residential notice sign date to be inserted 2009 4 Residential warning sign date to be inserted 2009 5 Non-residential notice sign date to be inserted 2009 6 Non-residential warning sign date to be inserted 2009 PESTICIDES ADVISORY COMMITIEE Committee business 2. (I) The Committee shall meet, (a) at the request of the Minister; (b) at the request of the chair; or ( c) at the request of any three members of the Committee. (2) The secretary of the Committee shall, (a) keep a record of all business transacted at a meeting of the Committee; (b) have the custody of all reports, submissions and correspondence received by the Committee; and (c) produce the records in clause (a) and other documents mentioned in clause (b) for inspection when requested by the Minister or an officer of the Ministry designated by the Minister. CLASSIFICATION OF PESTICIDES Director to classify 3. (I) The Director shall classify pesticides into the following classes in accordance with this section and section 7: I. Class I. 2. Class 2. 3. Class 3. 4. Class 4. 5. Class 5. 6. Class 6. 7. Class 7. 8. Class 8. 9. Class 9. 10. Class 10. II. Class I I . (2) The Director shall classify every pesticide that, on the day before Regulation 914 (General) of the Revised Regulations of Ontario, 1990 made under the Act was revoked, was classified to Schedule I, 2, 3, 4, 5 or 6 as set out in the "Compendium of Scheduled Pesticides" maintained under that Regulation. 02 L ATTACHMENT#~. TO REPORT# oes lt5-o~ .- . ..,.,_.~....",.,....-"..". lo of 5'5 6 (3) The Director shall maintain a written record known as the "Compendium of Classified Pesticides" that sets out the following information: 1. With respect to each pesticide that is classified, 1. the name of the pesticide, ii. the pesticide's registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), iii. the name and address of the person who registered the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), and, if the pesticide is registered under the Pest Control Products Act (Canada), the name and address of the Canadian agent of that person, and iv. the class into which the Director has classified the pesticide. 2. The most recent date that the record was amended. (4) The Director shall ensure that the Compendium of Classified Pesticides is available for inspection by the public at the following locations: 1. At the Ministry's Public Information Centre, during ordinary business hours. 2. On the Internet through the Ministry's website. (5) If the name or other identifying information ofa pesticide in the Compendium of Classified Pesticides does not correspond to the name or other identifying information of the pesticide with the same registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), as the case may be, the reference in the Compendium of Classified Pesticides shall be deemed to be a reference to the pesticide named and otherwise identified under the relevant Act. (6) The Director shall maintain a record of all amendments that are made to the Compendium of Classified Pesticides, including the date each amendment was made, and shall make the record of amendments available to any person on request within 10 days after the request. Application for classification 4. (1) The following persons may submit to the Committee an application for a pesticide to be classified: 1. A person who has registered the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada). 2. The Canadian agent of the person described in paragraph 1, if the pesticide is registered under the Pest Control Products Act (Canada). (2) An application submitted under subsection (1) shall be in a form approved by the Director. Receipt of application by Committee S. On receipt of an application under subsection 4 (I), (a) if the application is for classification of a pesticide designated under the Pest Control Products Act (Canada) as a pesticide of the Manufacturing, Commercial or Restricted class, the Committee shall consider the application in accordance with section 6; or (b) if the application is for classification of a pesticide designated under the Pest Control Products Act (Canada) as a pesticide of the Domestic class or a pesticide registered under the Fertilizers Act (Canada), the Committee shall provide a copy of the application to the Director within five days after receiving the application. Committee recommendations 6. (1) Subject to subsections (3), (4) and (5), the Committee shall recommend to the Director in writing that he or she classify a pesticide that the Committee has considered under clause 5 (a) in accordance with the following rules: ATTACHMENT t,,_._..& REPORT#.~~~.. 45-08 -:L.of_~, I) "7 .!. ,J 7 1. If the pesticide is designated under the Pest Control Products Act (Canada) as a pesticide of the Manufacturing class, the Committee shall recommend that the Director classify it as a Class 1 pesticide. 2. Subject to paragraph 3, if the pesticide is designated under the Pest Control Products Act (Canada) as a pesticide of the Commercial or Restricted class, 1. the Committee shall recommend that the Director classify it as a Class 2 pesticide, if it is a fumigant gas or has an acute oral LDso of less than or equal to 50 mg/kg body weight, an acute dermal LDso of less than or equal to 100 mg/kg body weight and a soil half life of greater than or equal to six months, ii. the Committee shall recommend that the Director classify it as a Class 3 pesticide, if it has an acute oral LDso of greater than 50 but less than or equal to 500 mg/kg body weight, an acute dermal LDso of greater than 100 but less than or equal to 1000 mg/kg body weight and a soil half life of greater than one month but less than six months, or iii. the Committee shall recommend that the Director classify it as a Class 4 pesticide, if it has an acute oral LDso of greater than 500 mg/kg body weight, an acute dermal LDso of greater than 1000 mg/kg body weight and a soil halfJife of less than or equal to one month. 3. If none of the descriptions setout in subparagraph 2 i, ii or iii describes the pesticide, 1. the Committee shall recommend that the Director classify it as a Class 2 pesticide, if at least one of the criteria in subparagraph 2 i applies, ll. the Committee shall recommend that the Director classify it as a Class 3 pesticide, if none of the criteria in subparagraph 2 i applies and at least one of the criteria in subparagraph 2 ii applies, or iii. the Committee shall recommend that the Director classify it as a Class 4 pesticide. (2) In subsection (1), "LDso" means, with respect to a pesticide, the LDsoapproved in the registration of the pesticide under the Pest Control Products Act (Canada); "soil half life" means, with respect to a pesticide, the soil halflife approved in the registration ofthe pesticide under the Pest Control Products Act (Canada). (3) The Committee may recommend to the Director that the pesticide be classified in a manner other than in accordance with subsection (1) ifthe Committee is of the opinion that this would be appropriate, having regard to the Act and this Regulation. (4) Ifthe Committee makes a recommendation under subsection (3), the Committee shall provide the following to the Director in writing: 1. The reasons for the recommendation, including reference to the toxicity, persistence and mobility of the pesticide. 2. An alternative recommendation for classification of the pesticide and reasons for the alternative recommendation. (5) The Committee may recommend in writing to the Director that he or she refuse to classify the pesticide if the Committee is of the opinion that, (a) it does not have sufficient information to recommend that the pesticide be classified; (b) proper use of the pesticide, as described in the directions on the pesticide's label and in accordance with the Act and this Regulation, is likely to have one or more of the effects mentioned in clauses 49 (3) (a), (b), (c), (d); (e) and (f) of the Act, to an extent that is excessive, unreasonable or unnecessary; or 24 ATTACHt"1ENl #_~~., REPORT#",Q~~. L4SD~ -.i_ol._~ 8 (c) it is not in the public interest to classify the pesticide. (6) If the Committee determines that an application it considers under clause 5 (a) is subject to paragraph 1 of section 4 of Ontario Regulation 681/94 (Classification of Proposals for Instruments) made under the Environmental Bill of Rights, 1993, the Committee shall notify the Director of this determination in writing within five days after the Committee's consideration of the application. Classification by Director 7. (1) If the Committee makes a recommendation under section 6 with respect to the classification ofa pesticide, the Director shall decide whether or not to follow the recommendation as he or she considers appropriate, having regard to the criteria applicable to the Committee's recommendation under this Regulation, the Committee's recommendation, the Act and this Regulation. (2) The Director shall consider an application provided to him or her under clause 5 (b), having regard to subsections (3) and (4), the Act and this Regulation. (3) Subject to subsection (6), if the Director determines, in considering an application described in subsection (2), that the pesticide may be used for a cosmetic purpose, he or she shall classify the pesticide as a Class 5, 6 or 7 pesticide. (4) If the Director determines, in considering an application described in subsection (2), that the pesticide cannot be used for a cosmetic purpose, he or she shall return the application to the Committee with a request that the Committee provide a recommendation with respect to whether the pesticide should be classified as a Class 5 or 6 pesticide. (5) The Committee shall provide a recommendation in writing to the Director with respect to an application returned to it under subsection (4) and shall provide reasons for the recommendation with reference to the toxicity, persistence, container size and mobility of the pesticide. (6) If the Director determines, in considering an application described in subsection (2), that the pesticide should be classified as a Class 2, 3 or 4 pesticide, he or she shall return the application to the Committee with a request that the Committee provide a recommendation with respect to whether the pesticide should be classified as a Class 2, 3 or 4 pesticide. (7) The Committee shall provide a recommendation in writing to the Director with respect to an application returned to it under subsection (6) and shall provide reasons for the recommendation with reference to the toxicity, persistence, container size and mobility of the pesticide. (8) If the Director receives notification from the Committee with respect to a pesticide referred to in subsection 6 (6), the Director shall consider whether to classify the pesticide as a Class 9 pesticide and may do so or may refuse to do so as the Director considers appropriate, having regard to the Act and this Regulation. (9) The Director may classify a pesticide that is an ingredient in a Class 1,2,3,4,5,6, 7 or 8 pesticide as a Class 9,10 or 11 pesticide. (10) The Director may refuse to classify a pesticide as the Director considers appropriate, having regard to the Act and this Regulation. Reclassification 8. (1) If the Director requests that the Committee recommend whether a Class 1, 2, 3, 4, 5 or 6 pesticide should be reclassified, the Committee shall provide the recommendation in writing, having regard to the Act, this Regulation and section 6. (2) The Committee may, on its own initiative, recommend in writing to the Director that he or she reclassify a Class 1, 2, 3 or 4 pesticide if it considers it appropriate to do so, having regard to the Act, this Regulation and section 6. (3) The Director may reclassify a pesticide if, (a) the person who registered the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada) requests the reclassification; (b) the person described in clause (a) consents to the reclassification; or ATTtCHI,,"'EI'\!Ttf '\ nl=p'"f")'O"i',':f: ^ec. 'Lt;,O~ . \ ., . I ,_.,,3t~:. '" ;,~, l\ ~ , .~-....L,.'i _~of ...5-5- ,-) !: [J 9 (c) the Director has notified the person described in clause (a) that he or she intends to reclassify the pesticide and has considered any submissions made by that person. (4) In determining whether to reclassify a pesticide under subsection (3), the Director shall have regard to the Act, this Regulation, and, if the Committee has made a recommendation, the recommendation and the criteria applicable to the recommendation under section 6. (5) A reference in subsection (3) to the person who registered the pesticide under the Pest Control Products Act (Canada) includes the Canadian agent of that person. Declassification 9. (1) If the Director requests that the Committee recommend whether a Class 1,2,3,4,5 or 6 pesticide should be declassified, the Committee shall provide the recommendation in writing, having regard to the Act, this Regulation and section 6. (2) The Committee may, on its own initiative, recommend in writing to the Director that he or she declassify a Class I, 2, 3 or 4 pesticide if it considers it appropriate to do so, having regard to the Act, this Regulation and section 6. (3) The Director may declassify a pesticide if, (a) the person who registered the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada) requests the declassification; (b) the person described in clause (a) consents to the declassification; (c) the pesticide is no longer registered under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada); (d) the Director has notified the person described in clause (a) of relevant scientific or other information suggesting that proper use ofthe pesticide, as described in the directions on the label and in accordance with the Act and this Regulation, is likely to have one or more of the effects mentioned in clauses 49 (3) (a), (b), (c), (d), (e) and (t) of the Act, to an extent that is excessive, unreasonable or unnecessary and the Director has considered any submissions made by the person with respect to that information; or (e) the Director has notified the person described in clause (a) of newly available scientific or other information suggesting that it is no longer in the public interest that the pesticide be classified and the Director has considered any submissions made by the person with respect to that information. (4) In determining whether to declassify a pesticide under subsection (3), the Director shall have regard to the Act, this Regulation, and, if the Committee has made a recommendation, the recommendation and the criteria applicable to the recommendation under section 6. (5) A reference in subsection (3) to the person who registered the pesticide under the Pest Control Products Act (Canada) includes the Canadian agent of that person. ' Notice of change in registration, label 10. If a pesticide is classified under this Regulation, the person who registered the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada) or, ifthe pesticide was registered under the Pest Control Products Act (Canada), the Canadian agent of that person, shall notify the Committee of any change in the registration or label for the pesticide under those Acts. GENERAL PROHIBITIONS AND EXEMPTIONS Prohibition, use of pesticides 11. (1) Subject to subsections (4) and (5), no person shall use a pesticide in an extermination unless it is, (a) classified under this Regulation as a Class 1,2,3,4,5,6 or 7 pesticide and registered and assigned a registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada); or ATTACHMENT# a TOREPORT# OES 45"-0'6 /6 of 6.~ (J 6 L - 10 (b) an imported pesticide for which, (i) an equivalency certificate issued under section 39 of Pest Control Products Regulations (Canada) is in effect, and (ii) an own-use import certificate issued under section 41 of the Pest Control Products Regulations (Canada) is in effect. (2) Subject to subsections (4) and (5), an imported pesticide described in clause (I) (b) shall be used as ifit were the classified pesticide referred to in the equivalency certificate for the imported pesticide. (3) Subject to subsections (4) and (5), no person shall use a pesticide in an extermination except in accordance with the label for that pesticide and this Regulation. (4) A person is exempt from subsections (I), (2) and (3) and from subsections 5 (I), 7 (I), 7 (2) and 7.1 (I) ofthe Act with respect to an extermination if, (a) the person performs the extermination for the purpose of research or a test; (b) the person performs the extermination on the premises of a research centre, university or other institution of learning, or on experimental premises or properties obtained for the purpose of the research or test; and (c) the person who performs the extermination is, (i) a person who is affiliated with a research centre, university or other institution of learning, (ii) a professional researcher from industry, the Government of Ontario or the Government of Canada, or (iii) a person who is under the supervision or authority of a person described in subclause (ii). (5) A person who performs an extermination for the purpose of research or a test who does not meet the requiremeIits described in clauses (4) (b) and (c) is exempt from subsections (I), (2) and (3) and from subsections 5 (1),7 (I), 7 (2) and 7.1 (I) of the Act for the extermination if approval to perform the extermination is obtained from the Director at least seven days before the extermination is performed. General prohibition, DDT etc. 12. (I) No person shall use, handle, store, display, sell, transport or dispose of any of the following pesticides: I. Aldrin. 2. Chlordane. 3. Chlordecone. 4. Dichlorodiphenyltrichloroethane (DDT). 5. Dieldrin. 6. Endrin. (2) Despite subsection (I), a pesticide described in that subsection may be managed and disposed of as a hazardous waste in accordance with the Environmental Protection Act and the regulations under that Act. Prohibition, use of water 13. (I) No person shall use water from a well or from a lake, river or other surface water in performing an extermination unless the equipment used in taking the water or in the extermination is equipped with an effective device to prevent back-flow. ATTACHMENT# d.... TOREPORT# oeS Lt~-o~ i ~ ..",. ". ---LLof fj 5 r"17 !.. 11 (2) No person shall wash any equipment used to perform an extermination in or near a well or in or near a lake, river or other surface water in a manner that causes a pesticide to be directly or indirectly discharged into a well or into a lake, river or other surface water. Exemption from Act, specified unclassified pesticides 14. A person is exempt from the Act and the regulations with respect to the use, handling, storage, display, sale, transportation or disposal of a pesticide in the following circumstances: I. The pesticide is a machine, apparatus, equipment, article, instrument, contrivance or gadget that does not use any of the following: i. A pesticide classified under this Regulation. ii. A chemical agent. 111. A microbiological agent. 2. The pesticide is not classified under this Regulation and, 1. is a microbial disinfectant, slimicide or bactencide, and ii. is registered under the Pest Control Products Act (Canada). 3. The pesticide is a living animal that is not classified under this Regulation and that is not registered under the Pest Control Products Act (Canada). Exemption from Act, specified persons 1 S. A person is exempt from the Act and the regulations with respect to the use, storage or transportation of a pesticide for the treatment, control, mitigation or prevention of pests in or on people or animals if the person is, (a) a member of a College as defined in the Regulated Health Professions Act, 1991; (b) a medical officer of health or a member of the staff of a board of health under the Health Protection and Promotion Act; or (c) a member of the College of Veterinarians of Ontario. General exemption, water treatment 16. A person is exempt from the Act and the regulations with respect to the use, storage, display, sale or transportation of a pesticide used for water treatment if its use is authorized under the Ontario Water Resources Act by an approval or a permit to take water for the purpose of discouraging or eliminating the attachment of molluscs to works under that Act. USE OF PESTICIDES FOR COSMETIC PURPOSES Prescribed pesticides, s. 7.1 (1) ofthe Act 17. Class 9 pesticides are prescribed for the purposes of subsection 7.1 (I) of the Act. Definitions of terms used in Act 18. (I) For the purposes of subsection 7.1 (2) of the Act, "agriculture" means an agricultural, aquacultural, horticultural or silvicultural operation on land and includes any ofthe following activities done on land for the purposes of an agricultural, aquacultural, horticultural or silvicultural operation: I. Draining, irrigating or cultivating land. 2. Growing, producing or raising farm animals within the meaning of the Nutrient Management Act, 2002. ATTACHMENT# a.. TO REPORT# 0&5 Jf5~D~ /2.. of ~-~ ; +. 28 12 3. The production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, and any additional agricultural crops prescribed by the regulations made under the Nutrient Management Act, 2002. . 4. The production of eggs, cream and milk. 5. The operation of agricultural machinery and equipment. 6. The processing by the owner or operator of an agricultural operation of the products produced primarily from that person's agricultural operation. 7. Activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles or storage containers for the purposes of the agricultural operation. 8. The management of materials containing nutrients for farm purposes. 9. The preservation of germplasm collections. (2) For the purposes of paragraphs 2, 3 and 4 of the definition of "agriculture" in subsection (1), production does not include production primarily for consumption by members of the household of the owner or operator of the agricultural operation. (3) For the purposes of subsection 7.1 (2) of the Act, "forestry" means activities relating to any of the following: I. Harvest, renewal, maintenance or establishment of a forest. 2. Protection of forest resources derived from a forest. 3. Accessing a forest for a purpose described in paragraph I or 2. (4) For the purposes of subsection 7.1 (2) of the Act, "golf courses" means the areas used or intended to be used as playing surfaces in the game of golf, including tees, fairways, greens and rough. (5) For the purposes of subsection 7.1 (2) of the Act, "promotion of public health or safety" means the direct or indirect controlling, preventing, destroying, mitigating, attracting or repelling of any of the following pests: I. Animals that bite, sting, are venomous or carry disease, including wasps, bees, mosquitoes and ticks. 2. Plants that are poisonous by touch or ingestion, including poison ivy, poison sumac and giant hogweed. 3. Plants, fungi or animals, including carpenter ants and termites, that may affect buildings, structures or public works within the meaning of the Public Works Protection Act. Golf courses 19. (1) The following conditions apply to the use of pesticides related to a golf course for the purposes of paragraph 1 of subsection 7.1 (2) of the Act: 1. Subject to subsections (2) and (3), a golf course must be fully accredited by an approved accreditation body. 2. If a golf course is fully accredited by an approved accreditation body, all necessary steps must be taken to maintain full accreditation in accordance with the requirements of the approved accreditation body. ATTACHMENT# ~_ TO REPORT# OES tf5-0~ 1'6 of 5"5 29 13 3. If a golf course is fully accredited by an approved accreditation body, a report must be prepared in a format approved by the Director in accordance with the following rules: I. The report must be prepared, A. on or before June 30 in the year following the day this section comes into force, if the golf course is fully accredited by an approved accreditation body on the day this section comes into force, and on or before June 30 in every subsequent year, or B. on or before June 30 in the year following the year in which the golf course is fully accredited by an approved accreditation body, if the golf course is not fully accredited by an approved accreditation body on the day this section comes into force, and on or before June 30 in every subsequent year. II. The report must contain the information described in section 20. III. For a period of at least five years after a report is prepared, A. a copy of the report must be kept in a building that is accessible to the public on the property where the golf course is located and the copy must be made available to any person for inspection, B. a copy of the report must be given, on request, to a provincial officer or the Director as soon as practicable, and C. a copy of the report must be given, on request to any person free of charge within seven days after the request. IV. A copy of the most recent report prepared, A. must be displayed in a prominent place in the building described in sub-subparagraph iii A, and B. must be given to any person free of charge, if the person requests a copy at any time during regular business hours at the building described in sub-subparagraph iii A, and C. must be posted on a website approved by the Director. v. Not later than the end of the calendar year in which a report is prepared, a public meeting must be held at which the report is presented by a representative of the golf course. vi. Not later than 15 days before the public meeting referred to in subparagraph v is held, A. notice of the meeting must be published in a newspaper having general circulation in the area where the golf course is located, setting out, I. the name and address of the golf course, 2. the name and telephone number of the owner or a representative of the owner of the golf course, 3. the purpose, date, time and place of the meeting, and B. subject to subsection (4), a copy of the notice must be given to the occupants of each property that abuts or is within 100 metres of the golf course. (2) If a golf course exists but is not fully accredited by an approved accreditation body on the day this section comes into force, -7 n ,-) U ATTACHMENT#~.. TO REPORT#..Q.55.~4b-O<& .... I ~ of 55 14 (a) paragraph 1 of subsection (1) does not apply until the first anniversary of the day this section comes into force; (b) from the first anniversary of the day this section comes into force until the fourth anniversary of the day this section comes into force, paragraph 1 of subsection (1) does not apply if the golf course is continuously registered by an approved accreditation body between those dates; and (c) paragraph 1 of subsection (1) does not apply if the golf course is registered by an approved accreditation body and, (i) the golf course has been continuously registered for a period of less than three years, and (ii) other than the continuous registration referred to in subclause (i), the golf course has not been registered by an approved accreditation body at any time in the previous year. (3) If a golf course does not exist until after the day this section comes into force, (a) paragraph 1 of subsection (1) does not apply until the first anniversary of the day maintenance ofthe golf course begins; (b) from the first anniversary of the day maintenance of the golf course begins until the fourth anniversary of the day maintenance of the golf course begins, paragraph 1 of subsection (I) does not apply if the golf course is continuously registered by an approved accreditation body between those dates; and (c) paragraph I of subsection (1) does not apply if the golf course is registered by an approved accreditation body and, (i) the golf course has been continuously registered for a period of less than three years, and (ii) other than the continuous registration referred to in subclause (i), the golf course has not been registered by an approved accreditation body within the previous year. (4) For the purpose of clause 38 (1) (c) of the Act, ifmore than 50 persons must be notified in order to meet the condition in sub-subparagraph 3 vi B of subsection (1) and the Director is satisfied that it would be unduly onerous to give notice in accordance with clause 38 (I) (a) or (b) of the Act or Ontario Regulation 228/07 (Service of Documents) made under the Act, the notice is sufficiently given if it is given in a manner approved by the Director. (5) In approving a manner of giving notice under subsection (4), the Director may specify that the manner of giving notice is sufficient for the purpose of subsequent public meetings as long as there is no change in the circumstances relevant to the Director's approval. (6) The owner of the golf course or a representative of the owner of the golf course shall notify the Director of any changes in the circumstances referred to in subsection (5). Golf courses, reporting 20. For the purpose of subparagraph 3 ii of subsection 19 (1), a report must contain the following information with respect to the use of pesticides on the golf course during the previous calendar year: 1. For each Class 2, 3, 4, 5, 6 or 7 pesticide that was used, the name of every pesticide that is an ingredient in those pesticides and the reasons for the use of those ingredients. 2. The quantity of each pesticide ingredient used in kilograms. 3. A map or plan of the golf course showing the locations where pesticides were used. 4. An explanation of any differences and the reasons for any differences between the information provided under paragraphs 1 and 2 and the information provided under those paragraphs in the report prepared in the previous calendar year, if a report was prepared in the previous calendar year. ATTACHMENT# d... . TO REPORT#OeS 45-0~ 15 of 5"5' 31 15 5. An explanation of how maintaining accreditation with the approved accreditation body minimized the use of the pesticide ingredients on the golf course and how it will minimize the use in the current calendar year. 6. The name, contact information, registration number and signature of the agent or employee of the owner of the golf course who is certified by the approved accreditation body. 7. Confirmation by the owner or a representative of the owner of the golf course that the report is complete. 8. Any other information that, in the opinion of the Director, is relevant to the use of pesticides and with respect to which the Director has notified the golf course. Promotion of public health or safety 21. (I) The requirements set out in this section apply to the use of a pesticide related to the promotion of public health or safety for the purposes of subsection 7.1 (3) of the Act. (2) If a person uses the pesticide to control or destroy plants that are poisonous by touch or ingestion and the pesticide is used in or around a home on land occupied by the person, the person shall only use a Class 5, 6 or 7 herbicide. (3) If a licensed exterminator uses the pesticide in a land extermination to control or destroy plants that are poisonous by touch or ingestion, he or she shall only use, (a) a Class 2, 3 or 4 pesticide if the pesticide contains a Class 10 pesticide; or (b) a Class 5, 6 or 7 pesticide. (4) If the pesticide is used with respect to a pest that is a plant, fungus or animal that may affect buildings, other structures or public works within the meaning of the Public Works Protection Act, (a) subject to clause (b), the pesticide may be used only for the purposes of preventing significant damage to the structural integrity of buildings, other structures or public works; (b) the pesticide may be used for the purposes of preventing significant damage to a sidewalk, parking lot or driveway if the sidewalk, parking lot or driveway is part of a public work; and (c) the pesticide may be used only if the damage sought to be prevented could place the health or safety of a person at serious risk. (5) If a pesticide described in subsection (4) is used for the purposes of preventing significant damage to the structural integrity of public works within the meaning of the Public Works Protection Act or for a purpose described in clause 4 (b), (a) the pesticide shall only be used by a licensed exterminator who is certified in accordance with the integrated pest management certification requirements of an approved accreditation body or by a technician or trainee who is supervised by such a person; (b) the owner or operator of the public work shall ensure that a report is prepared in a form approved by the Director not later than February 1 in each year following a year in which the pesticide is used setting out, with respect to all pesticides used in a land extermination in the previous calendar year, (i) for each Class 2, 3, 4, 5, 6 or 7 pesticide that was used, the name of every pesticide that is an ingredient in those pesticides and the location where they were used, (ii) the quantity of each pesticide ingredient used, (iii) the reason for using each pesticide ingredient and the method of use, and (iv) an explanation of how future use of each pesticide ingredient will be minimized; and (c) a copy of a report described in clause (b) shall, for a period of at least five years after it is prepared, be, 32 ATTACHMENT# ~ TO REPORT# Des Lj.~-Og Ie. of 6'5 16 (i) kept at the head office of the owner of the public work, (ii) on request, given as soon as practicable to a provincial officer or the Director, and (iii) on request, given to any person without charge within seven days after the request. Trees 22. (1) The following uses of a pesticide are prescribed for the purposes of paragraph 5 of subsection 7.1 (2) of the Act: 1. Use of a Class 5, 6 or 7 pesticide that is an injection into a tree. 2. Use of a pesticide, other than a pesticide described in paragraph 1, to maintain the health of a tree that has, at physiological maturity, I. an average height of at least 4.5 metres, and 11. a stem diameter of more than 10.2 centimetres when measured from the outside bark at a point 1.3 metres above the ground. (2) The following conditions are prescribed for the purpose of paragraph 5 of subsection 7.1 (2) of the Act for the use described in paragraph 2 of subsection (1): 1. The person using the pesticide must obtain a written opinion from a person described in subsection (3) that the use of the pesticide is necessary to maintain the health of the tree. 2. The use of the pesticide must be in accordance with the document published by the International Society of Arboriculture entitled "Best Management Practices - Integrated Pest Management" as amended from time to time. {The Ministry would welcome input on any other documents similar to the one mentioned in paragraph 1 ofsubsection(l} that would be used by persons set out in subsection(3}.J 3. The person using the pesticide must provide written notice to the occupants of properties abutting the property on which the pesticide is to be used at least 24 hours in advance and containing the following information: i. the date the extermination is to take place, ii. a description of the application area, 111. the pesticide ingredient used or intended for use on the application area, IV. the registration number assigned to the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), v. the name of the pest to be controlled, and vi. the telephone number of a representative of the person performing the extermination who can provide more information about it. (3) For the purposes of paragraph 1 of subsection (2), a person who provides a written opinion must be, (a) a person certified as an arborist by the International Society of Arboriculture; (b) a person registered as a member under the Professional Foresters Act, 2000; or (c) a person who, in the opinion of the Director, has similar qualifications to a person described in clause (a) or (b). Natural resources 23. The use of a pesticide to protect or manage natural resources, including to control invasive species, is prescribed for the purposes of paragraph 5 of subsection 7.1 (2) of the Act if, 0",'1' II("L \Ii'" r,'"" ~ Ai "f'\ ~nll!:i" "_.0"'.'_' --11- of REPORftf_Qg5_ LtE;,(j~ S~ 33 17 (a) the pesticide is used by the Ministry of Natural Resources; or (b) the Ministry of Natural Resources has identified the use ofthe pesticide as an appropriate means to protect or manage natural resources. Other legislative requirements 24. The use of a pesticide for the purpose of complying with a requirement under an Act of Canada or Ontario is prescribed for the purposes of paragraph 5 of subsection 7.1 (2) of the Act. Specified sports fields 25. (1) The use of a pesticide for the purpose of maintaining a sports field for a national or international sporting event is prescribed for the purposes of paragraph 5 of subsection 7.1 (2) of the Act. (2) The following conditions are prescribed for the purposes of paragraph 5 of subsection 7.1 (2) of the Act for the use described in subsection (1): 1. At least six months before the intended use of the pesticide for the event, or by such other time as may be approved by the Minister, the person who intends to use the pesticide must, I. submit to the Minister in writing the location, purpose and expected duration of the use, and II. request that the Minister enter into an agreement with respect to the use. 2. The person who intends to use the pesticide must demonstrate to the satisfaction of the Minister that the use is necessary for the hosting of the event. 3. The Minister must enter into an agreement with the person respecting the use of pesticides for the event. 4. The agreement must require that the person stop using the pesticide when the event concludes. 5. The person must comply with the terms of the agreement. Uses integral to structural extermination 26. The use of a pesticide in, on or over land is prescribed for the purposes of paragraph 5 of subsection 7.1 (2) of the Act if the use is integral to a structural extermination. Specialty turf 27. (1) The use ofa pesticide to maintain turf that is used for lawn bowling, cricket, lawn tennis or croquet is prescribed for the purposes of paragraph 5 of subsection 7.1 (2) of the Act if the turf is the same kind of turf that is used on golf course greens. (2) If the pesticide is used for the purpose described in subsection (1), (a) the pesticide shall be used by a licensed exterminator who is certified in accordance with the integrated pest management certification requirements of an approved accreditation body or by a technician or trainee who is supervised by such a person; (b) the owner or operator of the turf shall ensure that a report is prepared in a form approved by the Director not later than February 1 in each year following a year in which the pesticide is used setting out, with respect to all pesticides used in a land extermination in the previous calendar year, (i) for each Class 2, 3,4, 5, 6 or 7 pesticide that was used, the name of every pesticide that is an ingredient in those pesticides and the location where they were used, (ii) the quantity of each pesticide ingredient used, (iii) the reason for using each pesticide ingredient and the method of use, and ATTACHMENT# d.- TOREPORT# oeS 45-0~ I ~ of S"5 34 18 (iv) an explanation of how future use of each pesticide ingredient will be minimized; and (c) a copy of a report described in clause (b) shall, for a period of at least five years after it is prepared, be, (i) kept at the head office of the owner of the turf, (ii) on request, given as soon as practicable to a provincial officer or the Director, and (iii) on request, given to any person without charge within seven days after the request. ApPLICATIONS FOR LICENCES AND PERMITS Application for licence, general 28. (I) An application for the issuance or renewal ofa licence shall be made to the Director on the appropriate form supplied by the Ministry. (2) An application for a renewal of a licence shall be made in the case of, (a) an exterminator's licence, at least 30 days prior to the expiry date of the licence; (b) an operator's licence, at least 30 days prior to the expiry date of the licence; and (c) a vendor's licence, at least 60 days prior to the expiry date of the licence. (3) A licence ofa type set out in Column I ofthe Table to this section expires on the day set out opposite it in Column 2 or such other day as may be specified by the Director. (4) The fee set out in Column 3 of the Table to this section is payable for the issuance or renewal of a licence of a type set out opposite the fee and shall be submitted with the application for the licence. TABLE Column I Column 2 Column 3 Tvne oflicence Exnirv date oflicence or renewal oflicence Fee ($) Any type of exterminator's licence The last dar of the 60th month following the date on which the licence or 90 the renewa takes effect. Onerator's licence Februarv 15 in the vear followinl! the issuance or renewal ofthe licence. 200 General vendor's licence The last dar of the 60th month following the date on which the licence or 200 the renewa takes effect. Limited vendor's licence The last dar of the 60th month following the date on which the licence or lID the renewa takes effect. Application for exterminator's licence 29. (1) An application made under section 28 shall be an application for an exterminator's licence if the application is made for the purpose of subsection 5 (1) of the Act. (2) An application described in subsection (I) may be made for one of the following classes of structural exterminator's licence: 1. Fumigation General. 2. Fumigation Soil. 3. Fumigation Commodity. 4. Fumigation Vault. 5. Structural. 6. Termite. ATTACHMENT# J... TOREPORT# DeS 46-0~ -Liof hK ; 5 .) 19 7. Greenhouse/Interior Plant. (3) An application described in subsection (I) may be made for one of the following classes ofland exterminator's licence: 1. Landscape. 2. Forestry. 3. Industrial Vegetation. 4. Agriculture. 5. Aerial. (4) An application described in subsection (I) may be made for one of the following classes of water exterminator's licence: 1. Aquatic Vegetation. 2. MosquitolBiting Flies. 3. Fish/Mollusc. Exterminator's licence, qualifications 30. (1) An applicant for the issuance or renewal of any class of exterminator's licence must meet the following requirements: I. The applicant must be at least 16 years of age. 2. The applicant must have grade 10 standing or other qualifications that the Director considers equivalent. 3. The applicant must have successfully completed, within the previous 12 months, a course approved by the Director for licensed exterminators of the relevant class or must have other qualifications that the Director considers equivalent. 4. The applicant must be physically fit for the purpose of performing exterminations. (2) Unless the Director directs otherwise, paragraph 3 of subsection (I) does not apply to an applicant for the renewal of any class of exterminator's licence unless, more than 24 months before the application for renewal is made, (a) the licence expired; (b) the licence was revoked; or (c) the licence was surrendered. (3) The Director may require an applicant described in subsection (I) to provide a report from a legally qualified medical practitioner respecting the applicant's physical fitness for the purpose of performing exterminations. (4) An applicant described in subsection (I) whose application is in the process of being considered shall notify the Director in writing of any change in the information provided in or with the applicant's application or under this section within 10 days after the effective date of the change. Application for operator's licence 31. (1) An application made under section 28 shall be an application for an operator's licence if the application is made for the purpose of subsection 5 (2) of the Act. (2) An application described in subsection (I) shall be for the Operator Business class of operator's licence. ~) 6 i>\TTACHMENT# ~ TOREPORT# bE!:> t.4S'-6~ ~O of 55 20 (3) An applicant for the issuance or renewal of an operator's licence shall submit information and material required by the Director with respect to, (a) if the applicant is an individual, the character, qualifications and financial responsibility of the applicant; or (b) if the applicant is a corporation, the corporation and the character and qualifications of the directors and officers of the corporation. (4) An applicant for renewal of an operator's licence shall submit to the Director a list of the names and licence numbers of all licensed exterminators employed by the applicant. (5) If several persons intend to operate an extermination business in association with each other under the authority of one operator's licence, each person shall sign the application for the licence. (6) If the applicant is a corporation it shall designate on the application form the directors or officers who are the official representatives of the corporation, and each of the official representatives shall sign the application. (7) The official representatives described in subsection (6) shall ensure compliance with the Act and the regulations. Operator's licence, qualifications 32. (1) An applicant for the issuance or renewal of an operator's licence shall satisfy the Director that the applicant is at least 18 years of age or, in the case of a corporation, that the official representatives are each at least 18 years of age and that, (a) the applicant is a licensed exterminator of any class, if the applicant is an individual; (b) at least one of the applicants is a licensed exterminator of any class, if the applicants are two or more individuals; or (c) at least one of the official representatives of the applicant is a licensed exterminator of any class, if the applicant is a corporation. (2) Subject to subsection (3), the Director may require an applicant described in subsection (1) to appear before the Director and submit evidence and information respecting the qualifications of the applicant and any other person responsible for the extermination business. (3) At least seven days before the appearance mentioned in subsection (2) the applicant shall be given notice of, (a) the date, time and place fixed for his or her appearance before the Director; and (b) the particulars of the information and evidence that the Director may require the applicant to produce. (4) An applicant described in subsection (1) whose application is in the process of being considered shall notify the Director, in writing, of any change in the information provided in or with the application form or under this section within 10 days after the effective date of the change. Application for vendor's licence 33. (1) An application made under section 28 shall be an application for a vendor's licence if the application is made for the purpose of section 6 of the Act. (2) An application described in subsection (1) may be made for one of the following classes of vendor's licence: I. General vendor. 2. Limited vendor. Vendor's licence, qualifications 34. (1) An applicant for the issuance or renewal of any class of vendor's licence shall, ,,~."_a., REPORT# qf_~_" 45-Dg "_'~J.L ot ,S 5' 37 21 (a) be at least 18 years of age; or (b) if the applicant is a corporation or partnership, have an official representative who is a director, officer or partner of the applicant and who is at least 18 years of age. (2) The official representative described in clause (1) (b) shall ensure compliance with the Act and the regulations. (3) An applicant described in subsection (1) shall submit an application including the following: I. The name and address of the sales outlet to be covered by the licence. 2. If the sales outlet is covered by a general vendor's licence, the name and address of at least one outlet representative for the sales outlet and proof that the outlet representative has complied with clause 98 (2) (e). 3. The signature of the applicant or, if the applicant is a corporation or partnership, the signature of the official representative. (4) An applicant described in subsection (I) whose application is in the process of being considered shall notify the Director, in writing, of any change in the information submitted in or with the application or under this section within 10 days after the effective date of the change. Application for permit 35. (I) An application for a permit for the purpose of section 7 of the Act shall be made to the Director on the appropriate form supplied by the Ministry. (2) A permit expires on the day specified in the permit. (3) Subject to subsection (4), the holder ofa permit shall carry the permit or a legible copy of the permit when carrying out an activity authorized by the permit. (4) When performing an extermination, the holder may have the permit or a legible copy readily available at the extermination site instead of carrying it. EXTERMINATORS' LICENCES - GENERAL RULES General requirements 36. (I) Every licensed exterminator shall notify the Director in writing of any change in the information provided in or with the exterminator's application for his or her licence within 10 days after the effective date of the change. (2) Subject to subsection (3), a licensed exterminator shall carry his or her licence or a legible copy of the licence when carrying out an activity authorized by the licence. (3) When performing an extermination, the licensed exterminator may have the licence or a legible copy readily available at the extermination site instead of carrying it. (4) Every exterminator's licence shall specify the class oflicence for which it has been issued. Technicians and trainees 37. (1) A person shall not assist a licensed exterminator in the performance of an extermination unless the person is a licensed exterminator, a technician or a trainee. (2) While a licensed exterminator is engaged in assisting another licensed exterminator in the performance of an extermination not authorized by the first-named licensed exterminator's licence, every provision of this Regulation affecting technicians applies to the first-named licensed exterminator as ifhe or she were a technician, except the following provisions: I. The definition of "technician" in section I. 2. Subsections 39 (2) and 84 (4). 7 0 .]0 ATTACHMENT#__~ TOREPoRT#_12ES L(.5~D~ ~;t of 5'5 22 3. Subsection (3) of this section. (3) Every technician shall, while assisting in the performance of an extermination, carry on his or her person, (a) a copy of a document confirming that he or she has successfully completed, within the previous 24 months, a course approved by the Director for assistants to licensed exterminators concerning basic pesticide safety; or (b) a copy of a document confirming that the Director is otherwise satisfied that the person is qualified to work as an assistant to a licensed exterminator. (4) Every trainee shall, while assisting in the performance of an extermination, carry on his or her person a copy of identification supplied by his or her employer confirming that the trainee works for the employer as a trainee. (5) Despite subsections (3) and (4), when a technician or trainee is performing an extermination, he or she may have the document required under subsection (3) or (4), as the case may be, readily available at the site of the extermination instead of carrying it. (6) Subsection 5 (3) of the Act does not apply to a technician. (7) Subsection 5 (4) of the Act does not apply to a technician or trainee. (8) A technician shall not assist a licensed exterminator in the performance of an extermination unless a licensed exterminator visits the technician at the extermination site at least once a week to observe the performance of the technician and supervise the technician's work. (9) A trainee shall not assist a licensed exterminator in the performance of an extermination unless the trainee is accompanied and supervised at all times by a licensed exterminator. (10) A technician or trainee shall not, (a) select or recommend to a person a pesticide for use in an extermination; (b) select the method of application or the rate of application of a pesticide used in an extermination; (c) mix or fill equipment with a Class 2 pesticide in preparation for an extermination; (d) apply a Class 2 pesticide during an extermination; or ( e) mix, fill equipment with or apply a Class 3 pesticide that is a suspension in air, bird control product, rodenticide or soil fumigant, except in the presence of a licensed exterminator authorized to use the pesticide. (11) A technician who is present at an extermination and who is not accompanied by a licensed exterminator shall have readily available at the extermination site a work order, invoice, job sheet or other form of written instructions respecting the extermination, including the following information: 1. The location of the extermination. 2. The target pest. 3. The name of the pesticide to be used. 4. The pesticide's registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada). 5. The name and licence number of the supervising licensed exterminator. 6. A unique number or other identifier by which the extermination is identified in the business records of the technician's employer. A)TTACHMENT#~,_. TO REPORTtt_Q,~~., 45-Di ~~ot_~ ,) 9 23 (12) When a licensed exterminator visits a technician at an extermination site to observe the performance of the technician and supervise the technician's work, the technician shall request the licensed exterminator to enter his or her licence number on the written instructions referred to in subsection (11), and to sign and date the document. (13) The technician shall keep with him or her at any extermination site all written instructions that have been signed over the last 30 days by a licensed exterminator under subsection (12). Supervision of technicians, trainees 38. (1) A licensed exterminator shall not supervise at the same time a total of more than three technicians or trainees working at one or more exterminations. (2) Subsection (1) does not apply ifthe following conditions are satisfied: 1. A licensed exterminator is training a group of technicians or trainees. 2. The technicians or trainees take part in one or more exterminations as part of their training. 3. None of the exterminations in which the technicians or trainees take part is performed for payment. (3) Despite subsection (1), a licensed exterminator may supervise at the same time up to seven technicians or trainees working at one or more exterminations if the following conditions are satisfied: 1. The exterminator is a licensed water exterminator of the MosquitolBiting Flies class. 2. The licensed exterminator is supervising only technicians or trainees who are working at water exterminations to control mosquito larvae. 3. Each extermination is performed pursuant to a permit issued under subsection 7 (2) of the Act authorizing the prevention or control of mosquito-borne disease. (4) A licensed exterminator who supervises the work of a technician or trainee shall ensure that the technician or trainee carries out his or her work safely and in accordance with the Act and this Regulation. (5) A licensed exterminator who supervises the work of a technician or trainee shall, (a) ensure that the technician or trainee receives any necessary training relating to the specific work that he or she will be performing; and (b) make a record respecting the training. (6) The employer of the trainee or technician shall keep the record referred to in clause (5) (b) until at least two years after the trainee or technician leaves the employer's employment. (7) A licensed exterminator who supervises a trainee or technician in the use of equipment used to apply a pesticide in a land extermination, (a) shall ensure that the notices required by this Regulation with respect to the land extermination are given; and (b) shall not permit the trainee or technician to use the equipment unless the notices referred to in clause (a) have been given. (8) A licensed exterminator who supervises the work of a technician shall ensure that the technician complies with subsection 37 (11). (9) A licensed exterminator who supervises the work of a technician shall visit the technician at the extermination site at least once a week to observe the performance of the technician and on each visit shall enter his or her licence number on the written instructions referred to in subsection 37 (11), and shall sign and date the document. MENT#~> TOREPORT# 6ES 4;..oi ~of ~6 4 C~ 24 (10) A licensed exterminator who supervises the work of a trainee shall accompany and supervise the trainee at all times when the trainee is assisting the licensed exterminator in the performance of an extermination. Employment and supervision, general 39. (I) Subject to section 40, a licensed exterminator who performs exterminations shall not employ a person to assist in performing exterminations unless the person is a licensed exterminator, a technician or a trainee. (2) A licensed exterminator described in subsection (1) shall employ at least one licensed exterminator for every three or fewer technicians and trainees who assist in performing exterminations. (3) A licensed exterminator described in subsection (I) shall ensure that every technician and trainee employed by the exterminator is supervised by a licensed exterminator. Employment, other 40. (1) This section applies to a licensed exterminator who, (a) performs an extermination; or (b) is responsible for the conduct of an extermination. (2) A licensed exterminator described in subsection (I) may employ people other than licensed exterminators, technicians and trainees to do work in connection with an extermination if the licensed exterminator ensures that, (a) they do not assist the licensed exterminator in the performance of the extermination; (b) they do not handle any pesticide unless it is in a sealed container; (c) they do not handle any empty plastic, glass or metal container that has been used to hold a Class 2 or 3 pesticide unless the container has been rinsed in accordance with subsection 101 (1); (d) they do not do anything that is detrimental to the performance of an extermination, to public safety or to the environment; and (e) they do not suffer any harm as a result of exposure to a pesticide or the performance of an extermination. (3) A licensed exterminator described in subsection (1) shall ensure that persons who are employed by the same operator but are not licensed exterminators, technicians or trainees and who are doing work in connection with the operator's business at the location where the extermination is taking place meet the requirements set out in clauses (2) (a), (b), (c), (d) and (e). EXTERMINATOR'S LICENCE EXEMPTIONS Exemption, specified Class 5, 6 or 7 pesticides 41. Subsection 5 (1) of the Act does not apply in respect of an extermination that uses, (a) a Class 5, 6 or 7 pesticide that is, (i) a tree wound dressing, (ii) a wood preservative, (iii) an insecticide bait that is enclosed by the manufacturer in a plastic or metal container that has been made in a way that prevents or minimizes access to the bait by humans and pets, or (iv) an injection into trees, stumps or wooden poles; or (b) a Class 5, 6 or 7 pesticide that contains only a one ingredient that is a pesticide and that ingredient is, (i) a soap, _.^.~ . REPORr#",<1g~_q.5-()<6 _.d.S_. oj_._~, 4 1 25 (ii) a mineral oil, or (iii) silicon dioxide, also known as diatomaceous earth. Exemption, farm land 42. (1) A person is exempt from subsection 5 (I) of the Act in respect of an extermination if he or she performs an extermination by means of a Class 4, 5, 6 or 7 pesticide on the farm land that he or she uses for the production of plants, farm animals or both. (2) Subsection (1) does not apply if the production is related to the management of Crown forests under the Crown Forest Sustainability Act, 1994. Exemption, certified agriculturist 43. (I) A certified agriculturist is exempt from subsection 5 (I) of the Act in respect of an extermination if all of the following criteria are satisfied: I. The extermination is performed on farm land that is not owned or operated on by the certified agriculturist. 2. The extermination is performed by means of, i. a fumigant gas that contains aluminum phosphide, if the extermination is performed to control groundhogs, n. a Class 2 pesticide that is not a fumigant gas, or iii. a Class 3, 4, 5, 6 or 7 pesticide. 3. The extermination is performed by the operation at any given time of only one piece of equipment used to apply a pesticide and that equipment is normally used on the certified agriculturist's own farm land. 4. No money is paid for the extermination. 5. The extermination is not performed by aerial application. (2) Subsection (1) does not apply if the production is related to the management of Crown forests under the Crown Forest Sustainability Act, 1994. Exemption, certified agriculturist using Class 2 or 3 pesticides 44. (I) A certified agriculturist is exempt from subsection 5 (I) of the Act in respect of an extermination if he or she performs the extermination on farm land that he or she uses for the production of plants, farm animals or both and, (a) the extermination is performed to control groundhogs by means of a fumigant gas that contains aluminum phosphide; or (b) the extermination is performed by means of, (i) a Class 2 pesticide that is not a fumigant gas, or (ii) a Class 3 pesticide. (2) Subsection (I) does not apply if the production is related to the management of Crown forests under the Crown Forest Sustainability Act, 1994. Exemption, assistant agriculturist 45. (I) Subject to subsections (2), (3) and (4), an assistant agriculturist is exempt from subsection 5 (I) ofthe Act in respect of an extermination if he or she performs the extermination on farm land that the assistant agriculturist uses, with a certified agriculturist, for the production of plants, farm animals or both and, 42 ATTACHMENT# ~ TO REPORT# oes 45-0~ ~(o of 56 26 (a) the extermination is performed to control groundhogs by means of a fumigant gas that contains aluminum phosphide; or (b) the extermination is performed by means of, (i) a Class 2 pesticide that is not a fumigant gas, or (ii) a Class 3 pesticide. (2) Subsection (I) does not apply if the production is related to the management of Crown forests under the Crown Forest Sustainability Act, 1994. (3) An assistant agriculturist shall not, (a) purchase a Class 2 or 3 pesticide; (b) recommend or select a Class 2 or 3 pesticide for use on the farm land; (c) select the application rate of a Class 2 or 3 pesticide for use on the farm land; (d) calibrate equipment used to apply a pesticide for an extermination using a Class 2 or 3 pesticide; ( e) select the appropriate means of storage of a Class 2 or 3 pesticide; (f) select the appropriate means of disposal or reclamation of an empty container that has held a Class 2 or 3 pesticide; (g) transport or dispose of a Class 2 or 3 pesticide that has become waste; or (h) use a Class 2 or 3 rodenticide or avicide. (4) An assistant agriculturist shall not use a Class 2 or 3 pesticide unless he or she is supervised by a certified agriculturist. (5) The certified agriculturist who supervises the assistant agriculturist shall, (a) be present at the site where the use takes place; or (b) be on call as described in subsection (6). (6) A certified agriculturist who is on call for the purposes of clause (5) (b) shall, (a) in the case of the use of a Class 2 pesticide, provide the assistant agriculturisrwith written instructions for the proper use of the pesticide and ensure that the instructions are readily available at the site; and (b) in the case of the use of a Class 2 or 3 pesticide, (i) be available for immediate response through an effective communication system, and (ii) be able to attend at the site to respond to an emergency situation within a period of time that is reasonable in the circumstances. (7) A certified agriculturist shall not supervise, at anyone time, more than three assistant agriculturists for the purpose of subsection (4). ATTACHMENT# .2 TOREPORT# DES 46-0~ ~1 of 55' 43 27 STRUCTURAL EXTERMINA nONS Deemed structural extermination 46. A land extermination that is performed by means of a fumigant gas or a mixture of methyl bromide and chloropicrin is deemed to be a structural extermination for the purposes of the Act and this Regulation. Authorization to perform structural extermination 47. Subject to subsection 11 (2), (a) a structural exterminator's licence of a class set out in the Table to this section authorizes the use of a pesticide described opposite the class in Column 2 of the Table; and (b) the conditions set out in Column 3 of the Table are prescribed as conditions for use of the pesticides authorized by the licence. TABLE Item Column 1 Column 2 Column 3 Class of licence Pesticides authorized for use under the Conditions for use licence 1. Fumigation General Fumigant gases chlorooicrin Use in anv tvoe of fumigation. 2. Fumigation Soil Fumigant gases, chloropicrin Use in any of the following: I. Fumigation of soil inside a building with gas enclosed under a covering that suppresses the release of gas. 2. Use in fumigation of soil that is not inside a building, with gas enclosed under a covering that suppresses the release of gas. No use in fumigation of rodent burrows. 3. Fumigation 1. Aluminum phosphide Use in a fumigation of a commodity or other Commodity 2. Magnesium phosphide structural extermination of pests associated with 3. Phosphine a commodity, if the commodity is enclosed in a container including a shipping container, silo, 4. A mixture of carbon dioxide and any bin, vehicle or vault or under a covering that of the following: aluminum suppresses the release of gas. phosphide, magnesium phosphide, or phosphine 5. Insecticides that are Class 3, 4, 5, 6 or 7 pesticides for the extermination of pests associated with the commodity 4. Fumigation Vault Methyl bromide, ethylene oxide, carbon Use in a fumigation in a vault. dioxide. 5. Structural All pesticides, including fumigants, Use in any structural extermination, except for an except for the following: extermination to control pests of plants. 1. Fumigant gases 2. Chloropicrin 3. Termiticides 4. Herbicides 6. Termite All termiticides, including fumigants, Use in a structural extermination to prevent or except for the following: control termites. 1. Fumigant gases 2. Chloropicrin 7. GreenhouselInterior All pesticides, including fumigants, Use in a structural extermination to control pests Plant except for the following: of plants growing inside greenhouses and other 1. Fumigant gases bUIldings or structures, and includes use in areas 2. Chloropicrin on or immediately surrounding greenhouses, 3. Termiticides buildings or structures. 44 ATTACHMENT# 2. TO REPORT# DeS 45-0~ ~ ~ of .$5' 28 Structural licence exemption, Class 5, 6 or 7 pesticides 48. (1) Subject to subsection (2), a person is exempt from subsection 5 (1) of the Act with respect to a structural extermination performed on premises by means of a Class 5, 6 or 7 pesticide if the person who performs the extermination owns or occupies the premises or is a full-time employee of a person who owns or occupies the premises. (2) Subsection (1) applies in respect of an extermination of a rental unit within the meaning of the Residential Tenancies Act, 2006 only if, (a) the person who occupies the premises performs the extermination; or (b) a person other than the person described in clause (a) performs the extermination, (i) on the request of the person described in clause (a), and (ii) by means of a Class 6 pesticide. Structural licence exemptions, bees 49. (1) An inspector under the Bees Act who is engaged in destroying bees by extermination under the authority ofthat Act by means of a Class 2, 3, 4, 5, 6 or 7 pesticide and who holds a permit for the extermination issued by the Director is exempt from subsection 5 (1) of the Act. (2) A person who holds a certificate of registration issued to the person by the Provincial Apiarist under the Bees Act and who is engaged in controlling pests of bees by extermination by means of a Class 3 or 4 pesticide is exempt from subsection 5 (1) of the Act. Structural extermination permits 50. (1) A Class 2 pesticide is prescribed for the purpose of subsection 7 (I) of the Act if the pesticide is used in any of the following types of fumigations: I. A general space fumigation of a building or a portion of a building. 2. A fumigation in a vehicle or a structure described in subsection 55 (1). (2) A Class 2, 3, 4, 5, 6 or 7 pesticide is prescribed for the purpose of subsection 7 (1) of the Act if the pesticide is used in an extermination by an inspector under the Bees Act who is engaged in destroying bees by extermination under the authority of that Act. (3) A licensed structural exterminator of the Fumigation General or Fumigation Commodity class is exempt from subsection 7 (I) of the Act with respect to a fumigation described in paragraph 2 of subsection (I) if the licensee complies with sections 51 and 55. (4) The Director may, in issuing a permit for a fumigation described in subsection (I), exempt the person performing the fumigation from one or more requirements under this Regulation for that fumigation and may impose additional requirements with respect to the fumigation. Fumigations, general requirements 51. (l) A person who is required by this Regulation to have adequate respiratory protection during a fumigation or.an airing out period shall have adequate respiratory protection on his or her person and shall employ the protection at the times or in the circumstances required by the pesticide label. (2) If a fumigation has taken place and tests are required to be performed under this Regulation to determine whether the airing out is complete, the tests shall be performed using appropriate gas monitoring equipment or systems that have the ability to detect and measure the gas produced by the pesticide used, with the accuracy appropriate to the concentrations referred to in subsection (3). (3) If a fumigation has taken place, the airing out is not complete until, throughout the building, vault, vehicle or structure in which the fumigation was performed, the concentration of the gas produced by the pesticide used is at or below, (a) the concentration specified on the pesticide's label; and /4TTACHMENT#,._2~ _~ of ~_5.5._. jifJe~~ 46-0~ 45 29 (b) the concentration specified for the pesticide in Column 2 or 3 of the Table to this section, whichever is appropriate for the measuring device being used. TABLE Column I Column 2 Column 3 Gas Produced bv Pesticide Concentration (mg/m3) Concentration (oom bv volume) Phosphine gas 0.40 0.30 Carbon dioxide 9.000 5,000 Chloropicrin 0.67 0.10 Sulfuryl fluoride 4.2 1.00 Ethvlene oxide 1.80 1.00 Methyl bromide 12.00 3.00 General space fumigations in buildings 52. (1) This section applies to a general space fumigation if, (a) the fumigation is performed inside a building or a portion of a building; and (b) section 54 does not apply to the fumigation. (2) At least 24 hours before but not more than seven days before performing a fumigation described in subsection (I), the licensed exterminator shall deliver a notice in writing, (a) to the owner or a representative ofthe owner of the building where the fumigation is to be performed, and, if the building contains one or more dwelling units, to every occupant 16 years of age or over of every dwelling unit; (b) to the owner or a person apparently in charge of, (i) every building physically attached to the building where the fumigation is to be performed, (ii) every building on the same parcel of land as the building where the fumigation is to be performed, and (iii) every building so located that the fumigation constitutes an actual or potential hazard to the occupants; and (c) to the medical officer of health, the police force and the fire department responsible for the area in which the fumigation is to be performed. (3) Every notice under subsection (2) shall set out, (a) the address where the fumigation is to be performed; (b) the name of the licensed exterminator and the licensed exterminator's emergency phone number; (c) the pesticide being used; (d) the proposed date of the fumigation; (e) that occupants are to vacate and remain out of the building where the fumigation is to be performed, and every building physically attached to that building, during the periods of fumigation and until the airing out is complete; and (f) such other information as the Director may require. (4) Before a fumigation described in subsection (I) is performed, the licensed exterminator shall, 46 ATTACHMENT#~ TO REPORT#,~,5._~5-0~ .,- ~_of 55 30 (a) ensure that the building where the fumigation is to be perfonned and every building physically attached to that building are unoccupied; (b) seal all openings in the building or the portion of the building in which the fumigation is to be perfonned, including drains, ducts, vents and cracks, in a manner that suppresses the release of gas; (c) remove from the building or the portion ofthe building in which the fumigation is to be perfonned all substances that are not compatible with the pesticide being used; (d) lock all doors and entrances to the building in which the fumigation is to be perfonned, and all doors and entrances to every building physically attached to that building; and (e) post a fumigation warning sign at all entrances to the building in which the fumigation is to be performed, and at all entrances to every building physically attached to the building, and ensure that each fumigation warning sign is sufficiently illuminated at all times to allow it to be read. (5) During a fumigation described in subsection (I) and until the airing out is complete, the licensed exterminator shall ensure that, (a) the required fumigation warning signs remain posted; (b) no person enters or remains in the building where the fumigation is being or has been perfonned, or any building physically attached to that building, except a licensed exterminator authorized to use the fumigant that is being used or emergency personnel; (c) a person mentioned in clause (b) who enters the building where the fumigation is being performed, or any building physically attached to that building, employs adequate respiratory protection and is accompanied by at least one other person mentioned in clause (b) who also employs adequate respiratory protection; and (d) adult guards are posted in a manner sufficient to prevent any unauthorized person from entering the building where the fumigation is being performed, any building physically attached to that building or any area surrounding the buildings in which unauthorized persons might come to hann. (6) After completion of a fumigation described in subsection (I), the licensed exterminator shall, (a) circulate fresh air to every air space in the building where the fumigation was performed, and to every air space in every building physically attached to that building, so that fresh air is circulated to all of those spaces for whatever period of time is necessary to complete the airing out; and (b) perform tests in every room of the building in which the fumigation was performed, and in every room of every building physically attached to that building, ,to determine whether the airing out is complete. (7) Within seven days after a fumigation described in'subsection (I) has been completed, the licensed exterminator shall notify the Director of the completion and of any unexpected or adverse consequences. Fumigations in vaults 53. (I) The person responsible for a vault shall not cause or permit a fumigation to be performed in the vault if the person is aware that the vault is not gas-tight. (2) The person responsible for a vault shall not cause or permit a fumigation to be performed in a vault unless the vault has been confirmed to be gas-tight by the report of a professional engineer issued within the previous five years or, if any work has been done on the vault during the previous five years that could affect whether the vault is gas-tight, by the report of a professional engineer issued since the work was done. . (3) The person responsible for a vault shall promptly submit to the Director a copy of every report of a professional engineer that is prepared in respect of the vault for the purpose of determining whether the vault is gas-tight. (4) If a licensed extennimltor perfonns a fumigation in a vault, he or she shall, ",' d.... ~Oj.3.5 . ..Qg~., 45;D~ 47 31 (a) inspect the vault and not proceed with the fumigation unless he or she is satisfied that, (i) the vault has been confirmed to be gas-tight by the report of a professional engineer described in subsection (2), (ii) the vault is free of any obvious damage that would suggest that the vault is not gas-tight, and (iii) the vault is equipped with, A. a sheet metal lining having soldered joints and covering the walls and ceilings, or any other lining that is equivalent in the opinion of the Director, B. a floor that is made of material impervious to fumigants, C. a gasket that is non-reactive to the pesticide being used, D. an exhaust fan controlled by a switch from outside the vault capable of performing 10 changes of air per hour and discharging exhaust gases into the outside atmosphere at a point removed from any door, windows or openings, and E. a means of introducing gas from outside the vault; (b) search the vault before a gas is generated or introduced to ensure that the vault contains no person; (c) have adequate respiratory protection during the fumigation and until the airing out is complete; (d) lock the door of the vault by means of an external lock before the generation or introduction of gas begins, keep it locked until the airing out begins, and keep the keys or other means of unlocking the lock in his or her possession; (e) ifhe or she determines, during the course of the fumigation, that the vault is not gas-tight, take reasonable steps to temporarily seal the leaks and, within 24 hours after the airing out is complete, give written notice of the presence of the leaks to the person responsible for the vault and to the Director; (f) ensure that no other person enters the vault until the airing out is complete; (g) post a fumigation warning sign on the vault entrance; (h) be present during the airing out period; and (i) perform tests at representative locations in the vault in which the fumigation was performed to determine whether the airing out is complete. Indoor fumigations under coverings or inside sealed containers 54. (I) This section applies to a fumigation performed inside a building, including a fumigation of soil inside a building, if the gas used in the fumigation is enclosed inside a sealed container or under a covering that suppresses the release of gas. (2) If a licensed exterminator performs a fumigation described in subsection (I), (a) the licensed exterminator shall ensure that the building is not attached to another building and that the building is located at a sufficient distance from any other building, structure or area where humans may be exposed to the fumigant, to prevent adverse effects; (b) the licensed exterminator shall monitor to ensure that at all times during the fumigation and until the airing out is complete, the concentration of the gas produced by the pesticide within the area covered by the distance mentioned in c;lause (a) is at or below the concentration specified in Column 2 or 3 of the Table to section 51; j'iEN'T U,_"__~". 3~,oL ,:\.:p(hn,/:.:oe<:.. 45-0~ , ).. \,.,." ~ . ~ .. ~..._._-_.~~-.,~~ S6 48 32 (c) the licensed exterminator shall keep a record of the concentration of the gas produced by the pesticide during the fumigation and until the airing out is complete within the area covered by the distance mentioned in clause (a) for two years after the fumigation is completed; (d) the licensed exterminator shall ensure that no person enters or remains in the building during the fumigation and until airing out is complete, except a licensed exterminator authorized to use the fumigant that is being used or emergency personnel; (e) the licensed exterminator shall ensure that a person mentioned in clause (d) who enters the building employs adequate respiratory protection and is accompanied by at least one other person mentioned in clause (d) who also employs adequate respiratory protection; (f) the licensed exterminator and at least one other licensed exterminator authorized to use the relevant fumigant shall be present during the introduction of the fumigant and the airing out period; (g) the licensed exterminator shall ensure that all persons present during the introduction of the fumigant and the airing out period have adequate respiratory protection; (h) the licensed exterminator shall lock the doors of the building by means of an external lock immediately after the introduction of the fumigant, keep the doors locked until the airing out begins and keep the keys or other means of unlocking the lock in his or her possession; (i) the licensed exterminator shall post a fumigation warning sign on the covering or sealed container and all entrances to the building; (j) the licensed exterminator shall ensure that the required fumigation warning signs remain posted during the fumigation and until the airing out is complete; and (k) the licensed exterminator shall perform tests in every room of the building in which the fumigation was performed to determine whether the airing out is complete. (3) Despite clause (2) (f), only one licensed exterminator is required to be present during the introduction of the fumigant and until the airing out is complete if the licensed exterminator performs the fumigation using only aluminum phosphide or magnesium phosphide solid formulations. Fumigations in vehicles or specified structures 55. (1) This section applies to a fumigation using a fumigant gas in a vehicle or in any of the following structures: I. A shipping container. 2. A silo or other grain storage container. 3. A bin. 4. A hopper. 5. Any other structure used for the production of plants, farm animals or both, other than, i. a building used primarily as a dwelling, or ii. a structure used in production related to the management of Crown forests under the Crown Forest Sustainability Act, 1994. (2) If a licensed exterminator performs a fumigation described in subsection (1), (a) before introduction ofthe fumigant gas, the licensed exterminator shall ensure that, . (i) the vehicle or structure is capable of being sealed during the fumigation, a., _1; Q. of ....E.5-, ~') i+.c<l~~.... 45-0 i 49 33 (ii) the vehicle or structure is not contained within a larger vehicle or structure, and (iii) the vehicle or structure is located at a sufficient distance from any other building, structure or area where humans may be exposed to the fumigant gas, to prevent adverse effects; (b) the licensed exterminator shall monitor to ensure that at all times during the fumigation and until the airing out is complete, the concentration of the gas produced by the pesticide within the area covered by the distance mentioned in subclause (a) (iii) is at or below the concentration specified in Column 2 or 3 of the Table to section 51; (c) the licensed exterminator shall keep a record of the concentration of the gas produced by the pesticide during the fumigation and until the airing out is complete within the area covered by the distance mentioned in subclause (a) (iii) and shall keep the record for two years after the fumigation is completed; (d) before introduction of the fumigant gas, the licensed exterminator shall remove from the vehicle or structure all substances that are not compatible with the fumigant gas being used; (e) before introduction of the fumigant gas, the licensed exterminator shall search the vehicle or structure to ensure that it contains no person; (t) the licensed exterminator shall ensure that no person enters or remains in the vehicle or structure during the fumigation and until the airing out is complete, except a licensed exterminator authorized to use the fumigant gas that is being used; (g) the licensed exterminator and at least one other licensed exterminator authorized to use the relevant fumigant gas shall be present during the introduction of the fumigant gas and the airing out period; (h) all persons present during the introduction of the fumigant gas and the airing out period shall have adequate respiratory protection; (i) before a fumigant gas is introduced from the outside or immediately after the introduction of any other fumigant gas the licensed exterminator shall seal the vehicle or structure and lock all doors of the vehicle or structure by means of an external lock; (j) the licensed exterminator shall keep the vehicle or structure sealed and the doors locked until the airing out begins; (k) the licensed exterminator shall keep in his or her possession the keys or other means of unlocking the lock mentioned in clause (i); (I) the licensed exterminator shall post a fumigation warning sign on all entrances to the vehicle or structure; (m) the licensed exterminator shall ensure that the required fumigation warning signs remain posted during the fumigation and until the airing out is complete; (n) the licensed exterminator shall perform tests in the vehicle or structure to determine whether the airing out is complete; (0) during a fumigation using methyl bromide in a vehicle or structure that is movable, the licensed exterminator shall ensure that no person moves the vehicle or structure until the airing out is complete, except in an emergency and with the permission of a licensed structural exterminator of the Fumigation General class; and (p) the licensed exterminator shall ensure that the fumigation of ships and of mobile units carried by ships complies with the Canada Shipping Act and Ship Fumigation Regulations. (3) If a fumigation is performed in which phosphine is used in a truck, trailer or rail car that is in motion while the phosphine is active, u a.., 4 oj _.65..._, # oes L-iS-~ ." "'''',.....,....",.',''>_.,.,~".2..,-_.. 50 34 (a) despite subsection (2), a licensed exterminator is not required to accompany the truck, trailer or rail car while it is in motion; and (b) instead of keeping the keys or other means of unlocking the lock in his or her possession under clause (2) (k), the licensed exterminator shall ensure that they are not accessible to anyone other than people who are assisting in the fumigation or involved in operating the truck, trailer or rail car. Fumigations of rodent burrows 56. If a licensed exterminator performs a fumigation of rodent burrows in the ground, he or she shall ensure that, (a) the burrows do not open into a building; (b) any rat burrow entrances are greater than 5 metres from a building; (c) any groundhog burrow entrances are greater than 10 metres from a building; and (d) the licensed exterminator and every other person present have adequate respiratory protection during the introduction of the fumigant gas. Outdoor fumigations of soil 57. If a licensed exterminator performs a fumigation of soil that is not inside a building apd the gas is enclosed under a covering that suppresses the release of gas, (a) the licensed exterminator shall ensure that the soil is located at a sufficient distance from any other building, structure or area where humans may be exposed to the fumigant, to prevent adverse effects; (b) the licensed exterminator shall ensure that at all times during the fumigation and until the airing out is complete, the concentration of the gas produced by the pesticide within the area covered by the distance mentioned in clause (a) is at or below the concentration specified in Column 2 or 3 of the Table to section 51; (c) the licensed exterminator shall keep a record of the concentration of the gas produced by the pesticide during the fumigation and until the airing out is complete within the area covered by the distance mentioned in clause (a) and shall keep the record for two years after the fumigation is completed; and (d) the licensed exterminator and every other person present during the fumigation and until the airing out is complete shall have adequate respiratory protection. Structural exterminations using 4-amino-pyridine, strychnine and zinc phosphide 58. If a pesticide containing 4-amino-pyridine, strychnine or zinc phosphide is used in a structural extermination, the licensed exterminator shall, (a) place the pesticide so that it is inaccessible to humans and to animals that are not targeted by the extermination; (b) use the pesticide so that it is unlikely to come into contact with food or drink intended for consumption by humans or animals; (c) make a record, during the extermination, of the number and location of the sites where the pesticide is placed; (d) dispose of any exterminated animals on a daily basis in a manner that will prevent contact with humans or other animals; and (e) remove the pesticide from every site when the extermination is completed. Structural exterminations, suspensions in air 59. (I) If a structural extermination is performed by means of a Class 2 pesticide as a suspension in air, the licensed exterminator who performs the extermination shall be accompanied by a licensed exterminator who is authorized to perform the extermination by means of the pesticide used. ti a.. _-3.5- of _~_5_ ;if oes 4.s-0<6 51 35 (2) If a structural extennination is perfonned by means of a pesticide other than a Class 2 pesticide as a suspension in air, a technician or trainee who perfonns the extennination shall be accompanied by a licensed extenninator who is authorized to penonn the extennination by means of the pesticide used. (3) If a structuralextennination is perfonned by means of a Class 2 or 3 pesticide as a suspension in air, the licensed extenninator shall, (a) before introduction of the pesticide, (i) lock, from the outside, all doors leading into the building, except for the door that the licensed extenninator will use for access, (ii) post a structural extennination warning sign on the outside of all doors leading into the building, and (iii) ensure that the building is vacant; and (b) after introduction of the pesticide, (i) leave the building and lock the remaining door, (ii) ensure that no person other than emergency personnel, the licensed extenninator or the technician or trainee enters the building until the building is free of the pesticide as a suspension in air, and (iii) ensure that a person mentioned in subclause (ii) who enters the building where the extennination is being perfonned, or any building physically attached to that building, employs adequate respiratory protection and is accompanied by at least one other person mentioned in subclause (ii) who also employs adequate respiratory protection. LAND EXTERMINA nONS Authorization to perform land extermination 60. (l) Subject to subsection II (2), (a) a land extenninator's licence of a class set out in the Table to this section authorizes the use of a pesticide described opposite the class in Column 2 of the Table; and (b) the conditions set out in Column 3 of the Table are prescribed as conditions for use of the pesticides authorized by the licence. TABLE Item Column 1 Column 2 Column 3 Class of licence Pesticides authorized for Conditions for use use under the licence I. Landscape All {>esticides, except for Use in land extennination to maintain turf or ornamental fumIgant gases. Elantings on residential, recreational, commercial or fcublic and or to maintain ornamental plants intended for sa e, including the following uses: I. Use on the outside of buildings or structures for the p~se of extenninating pests directly associated wit turf or ornamental plantings. 2. Maintenance of treed areas not exceeding one hectare in size. 3. Maintenance of rights of way or other easements that benefit the pro~erty to which the rights of way or easements app 6,' as long as the rights of way or other easements can e reached from the property without crossing a Dublic road. 2. Forestry All {>esticides, except for Use in land extennination for forest management or fumigant gases. growing and maintenance of trees. t',i It;CHMENTt,t_~.. TO REPORT#...QB S 45-0& 3{q of 55 52 36 3. Industrial Vegetation All herbicides, insecticides Use in land extennination to control vegetation on rights and fungicides, except for of way, roadsides, utility easements or other areas that fumigant gases. give access to works or equipment, or in sewers. Use of insecticides and fungicides on inground wooden poles only. 4. Agriculture Any pesticide that is not a Use in land extennination for production ofJivestock, fumigant gas, other than a poultry or agricultural crops, including the following uses: fumigant gas that contains 1. Use for the production ofChristrnas trees or sod. alummum phosphide. 2. Use in an extennination of pests offann animals in a structure used for the production of plants, fann animals or both, other than a building used primarily as a dwelling or a structure used in relation to the management of Crown forests under the Crown Forest Sustainability Act, 1994. 3. Use to control groundhogs by means of a fumigant gas containing aluminum phosphide. No other use inside greenhouses or other structures. 5. Aerial All pesticides that may be Use in land extennination or water extennination used in an aerial perfonned by aerial application. allplication according to the dIrections on the oesticide's label. Land licence exemption, permit 61. (I) If the pennit so provides, the holder of a pennit issued under- subsection 7 (I) of the Act in respect of a land extennination is exempt from subsection 5 (I) of the Act for the extennination specified in the pennit. (2) Subsection (I) does not apply in respect of an extennination perfonned by aerial application. Land licence exemption, animal repellent 62. A person who perfonns a land extennination for personal protection by means of an animal repellent that is a Class 5,6 or 7 pesticide is exempt from subsection 5 (I) of the Act in respect of the extennination. Land licence exemption, specified premises 63. A person who perfonns a land extennination by means ofa Class 5, 6 or 7 pesticide is exempt from subsection 5 (I) of the Act if the person perfonns the extennination on premises, (a) ifhe or she owns or occupies the premises; or (b) if he or she is a full-time employee of a person who owns or occupies the premises. Land licence exemption, structural exterminator 64. (I) A licensed extenninator of the Structural class who perfonns a land extennination on pests offann animals on fann land is exempt from subsection 5 (I) of the Act for that extennination. (2) A licensed structural extenninator of the Structural class who perfonns a land extennination is exempt from subsection 5 (I) of the Act for an extennination of mammalian, avian or insect pests, (a) on or near a waste disposal site within the meaning of the Environmental Protection Act; or (b) near the building or vehicle where the structural extennination for the mammalian, avian or an insect pest is being perfonned. Duties of agriculturist 65. (I) When handling or using pesticides on fann land, a certified agriculturist or assistant agriculturist shall have readily available a copy of a document confinning that he or she has completed the relevant course or is otherwise certified in accordance with the definition of "certified agriculturist" or "assistant agriculturist" in subsection I (I), as the case may be. ,'-:\ 'Z a.., T'; .....""'"~*_..._..,'"'.~.~. --.31_o1~ ttOS_~ 4~-oi 53 37 (2) Every certified agriculturist shall ensure that the use, storage, transportation and disposal of pesticides on the farm land on which the certified agriculturist is engaged in the production of plants, farm animals or both is carried out in accordance with the Act and this Regulation. (3) Subsection (2) does not apply if the production is related to the management of Crown forests under the Crown Forest Sustainability Act, 1994. Land extermination permits 66. (I) A pesticide used in a land extermination is prescribed for the purpose of subsection 7 (I) of the Act in any of the following circumstances: I. The pesticide is a Class 2, 3 or 4 pesticide that contains picloram. 2. The pesticide is a Class 2 pesticide and the extermination is performed by aerial application. 3. The pesticide is a Class 3 pesticide containing 2,4-D, 2,4-DB, mecoprop, MCPA, MCPB, dichloroprop, dicamba, paraquat or trichlopyr and the extermination is performed by aerial application. 4. The pesticide is a Class 3, 4,5,6 or 7 pesticide and the extermination is performed by aerial application in connection with the management of Crown forests under the Crown Forest Sustainability Act, 1994. (2) The Director may, in issuing a permit for a land extermination described in subsection (I), exempt the person performing the land extermination from one or more requirements under this Regulation for that extermination and may impose additional requirements with respect to the extermination. Land extermination, aerial application 67. (I) No person shall perform a land extermination by aerial application unless the person is a licensed land exterminator ofthe Aerial class. (2) If a land extermination is performed by aerial application using a Class 2 or 3 pesticide, (a) the pesticide shall not be in a dust formulation; and (b) if an airplane, helicopter or other vehicle that requires a pilot is used, the pilot shall not assist in any preparation of a pesticide used in the aerial application or otherwise expose himself or herself to contact with pesticides. (3) Every licensed land exterminator of the Aerial class who performs a land extermination by aerial application shall, (a) make a record of each land extermination performed by the person, in a manner approved by the Director and keep the record for a period of two years after the extermination is completed; (b) ifthe land extermination was performed for an operator, provide a copy of the record mentioned in clause (a) to the operator after the extermination is completed; and (c) on the request of the Director, promptly submit a copy of the record mentioned in clause (a) to the Director. (4) The operator shall keep a copy of a record provided under clause (3) (b) for two years. Groundhog burrows 68. If a Class 2, 3 or 4 pesticide that contains aluminum phosphide, magnesium phosphide or phosphine is used to control groundhogs in burrows in the ground, (a) none of the burrows must open into a building; and (b) none of the burrow entrances must be less than 10 metres from a building. Notification requirements, application 69. (I) Subject to subsections (2), (3) and (4), sections 70 to 77 apply to a person who performs a land extermination by means of a Class 2, 3, 4, 5, 6 or 7 pesticide. . i;,_~_. lOREPORTlf~~_ Ll6'O~ . 3 ~ of S 5 54 38 (2) Sections 70 to 77 do not apply to a land extermination that is performed, (a) in a sewer; (b) subject to subsection (3), on farm land used by a person for the production of plants, farm animals or both; (c) on land with natural features that exclude the public; (d) on land in respect of which substantial measures, such as fencing, have been taken to exclude the public; (e) on a controlled-access highway or controlled access road within the meaning of the Public Transportation and Highway Improvement Act, other than rest areas, picnic areas and other areas where the public is invited to stop; (t) by means of a Class 5, 6 or 7 pesticide that is used as, (i) an animal repellent for personal protection, (ii) a tree wound dressing, (iii) a wood preservative, (iv) an insecticide bait that is enclosed by the manufacturer in a plastic or metal container that has been made in a way that prevents or minimizes access to the bait by humans and pets, or (v) an injection into trees, stumps or wooden poles; or (g) by means of a Class 5, 6 or 7 pesticide that contains only one ingredient that is a pesticide and that ingredient is, (i) a soap, (ii) a mineral oil, or (iii) silicon dioxide, also called diatomaceous earth. (3) For the purposes of clause (2) (b), production does not include production related to the management of Crown forests under the Crown Forest Sustainability Act, 1994. (4) Sections 70 to 77 apply to a land extermination that is performed on a residential area only if the extermination is performed by a licensed land exterminator. Requirement to post signs 70. (1) A person who performs a land extermination shall provide public notice of the extermination by means of signs set out in Column 3 of the Table to this subsection and referred to in subsection 1 (4) if the extermination is performed on the application area and by means of a pesticide listed opposite the sign. TABLE Item Column 1 Column 2 .Column 3 Application area Pesticide used Sign I Residential area Class 11 pesticide Residential notice silm 2 Residential area Any pesticide other than a Class 11 Residential warning sign oesticide 3 Any area other than a residential Class 11 pesticide Non-residential notice sign area 4 Any area other than a residential Any pesticide other than a Class 11 Non-residential warning sign area oesticide (2) No person shall remove a sign before 48 hours have elapsed following the completion of a land extermination. ~;,-,_,"9\ REPOfn#~o~? 4-~-O~ -3.9- of _. f) 5 . 55 39 (3) Each person who performs a land extermination shall ensure that each sign is removed not more than 10 days after the day on which the extermination was completed, or by a later day agreed to by the Director in writing but not exceeding 30 days after the extermination if, in the Director's opinion, the signs cannot be removed earlier without undue expense to the person who performed the extermination. (4) Subject to subsection (5), a licensed land exterminator shall advise in writing the owner or occupier of the application area, or the person responsible for the application area who caused the extermination to be performed, of the requirements in this section. (5) Subsection (4) does not apply if, (a) the person performing the land extermination is an owner oroccupier of the application area or the person responsible for the application area; or (b) the person is a full-time employee of a person described in clause (a). Election re signs 71. If a licensed land exterminator performs separate land exterminations together on residential areas, he or she may elect to treat the separate land exterminations as one extermination that is performed on a non-residential area ifhe or she complies with the sections of this Regulation that apply to an extermination performed on a non-residential area. Signs, general rules 72. (I) All signs referred to in subsection 70 (I) shall meet the following requirements: I. A sign shall be made of rain resistant material and shall be sturdy enough that it can be read at all times and reused. 2. The date a sign is posted shall be on the sign when it is posted and the date the land extermination begins shall be added to the sign immediately before the extermination begins. 3. In addition to the information required by subsection I (4), a sign may bear only the following words and markings: 1. On either the front or the back of the sign or on both the front and the back ofthe sign, only words and markings that, A. identifY the employer of the person performing the land extermination or the owner or occupier of the application area, and B. do not detract from the required information. ii. On the back of the sign, words and markings that are approved in writing by the Director. (2) The words and markings described in paragraph 3 of subsection (I) may occupy, at the bottom ofthe sign, a maximum of, (a) 2.5 centimetres, if the sign is a residential notice sign or a residential warning sign; or (b) 5 centimetres, if the sign is a non-residential notice sign or a non-residential warning sign. (3) If a telephone number that is required to appear on a sign or notice is a number to which long distance rates apply from telephones located near the application area, the person who performs the extermination shall ensure that all collect calls are accepted at that number. (4) A residential warning sign or a non-residential warning sign is not required to bear the words "application area" and a description of the application area until the second anniversary of the day this section comes into force. (5) Subject to subsection (6), a sign shall not be posted on, "..~ _._!t.O_. 01 ~.5E.. +! .~C2g~ LJ S - () ~ 56 40 (a) trees, fences or buildings; or (b) signboards together with other signs. (6) A person intending to perform a land extermination may post a sign on a structure described in subsection (5) if the Director is satisfied that, in the circumstances, it would allow for public notice to be better provided. (7) A sign required to be posted immediately before the land extermination begins may omit the words "date posted" and the date the sign is posted. (8) The date the sign is posted shall be on the sign when it is posted and the date the land extermination begins shall be added to the sign immediately before the extermination begins. (9) If the Director is satisfied that, in the circumstances, public notice would be better provided, the Director may allow a person who intends to perform a land extermination to post a sign that has different dimensions or that bears different information from the dimensions and information required by this Regulation. Residential notice and warning signs, posting . 73. (1) This section applies to a person who performs a land extermination for which residential notice signs or residential warning signs are required. (2) Signs described in subsection (I) shall, (a) be posted immediately before the land extermination begins; (b) be posted along the parts ofthe perimeter of the application area that are, (i) within 100 metres of a dwelling unit, other than a dwelling unit that is within the application area, and (ii) adjacent to a highway or other area to which the public is ordinarily admitted; and (c) be posted conspicuously at least every 100 metres along the parts of the perimeter described in clause (b). , (3) At least one sign described in subsection (1) shall be posted conspicuously along the parts of the perimeter described in subsection (2). (4) For the purposes of this section, a sign is posted along the perimeter ifit is posted within 10 metres ofthe perimeter. Non-residential notice and non-residential warning signs, posting 74. (1) A person who performs a land extermination for which non-residential notice signs or non-residential warning signs are required shall ensure that the signs are, (a) posted conspicuously at all ordinary points of access, if any, to the application area; and (b) posted conspicuously at least every 100 metres along the perimeter of the application area, except where there is a barrier along the perimeter that can reasonably be expected to prevent people from entering the application area. (2) If there are no ordinary points of access to the application area and there is a larger area ofland that includes the application area and for which the same person is responsible as for the application area, signs described in subsection (I) shall be posted conspicuously at all ordinary points of access, if any, to that larger area. (3) At least one sign described in subsection (1) shall be posted conspicuously along the perimeter of the application area. (4) For the purposes of this section, a sign is posted along the perimeter ifit is posted within 10 metres of the perimeter. i, ~ fi~.Pi'\1'i :,t.'...O ...8.... c... Lt-5"..O<b 'r, '.~."","..._. ... ,.,.",','''.< ,\.,,.,,. \,J t to ". .. _'~ ...." ,. ~_ __~:.L of __._~. 57 41 Non-residential notice and non-residential warning signs, timing 75. (1) Except as provided in subsections (2) and (5), non-residential notice signs and non-residential warning signs shall be posted immediately before the land extermination begins. (2) Subject to subsections (3) and (4), signs shall be posted at least 24 hours before the land extermination begins on any part of an application area that includes or is included in, . (a) an outdoor area associated with a daycare facility, nursery school, primary school, high school, private school or post-secondary institution; (b) a lot or parcel of land on which there are residential buildings; (c) a park; (d) a cemetery; (e) a golf course; or (f) a campground. (3) If public notice is given by one or more means set out in paragraphs 1 to 4 of subsection (5), signs may be posted immediately before the land extermination begins, and not as required by subsection (2), on any part of an application area that includes or is included in, (a) a park in a rural area, as rural area; (b) a cemetery; (c) a golf course in a rural area; or (d) a golf course to which access by unauthorized persons is controlled by means of gates, fences or other barriers. (4) Ifpublic notice is given by one or more means set out in paragraphs I to 4 of subsection (5) and by one or more means set out in paragraph 5 of subsection (5), signs may be posted immediately before the land extermination begins, and not as required by subsection (2), on any part of a land extermination that includes or is included in a campground. (5) Public notice of a land extermination described in subsections (3) and (4) may be given by the following means: I. The posting of signs described in subsection (I), at least 24 hours before the land extermination begins, at all ordinary points of access to the application area or larger area, as required by section 74. 2. The posting of signs described in subsection (1), at least 24 hours before the land extermination begins, at all locations where visitors normally come into contact with the owner or operator of the application area or that person's employees. 3. The distribution of written notices, during the period 24 hours before the land extermination begins, at all locations where visitors normally come into contact with the owner or operator of the application area or that person's employees. 4. Other means that are approved in writing by the Director as equivalent to the means set out in paragraph 1, 2 or 3 because they provide adequate notice to all persons who may be affected by the extermination. 5. Posting signs, distributing notices, making public announcements or other similar means, during the period 24 hours before the land extermination begins, to attempt to give notice of the extermination to persons who entered the campground before that period. (6) The Director may abridge the time period for advance notice set out in subsections (2) and (5) ifhe or she is satisfied that a land extermination is urgently required and that to do so would not deprive any person who may be affected by the extermination of adequate notice. dv ~.~,:,)j _"s.6 Qg.5"" LtS - () ~ 58 42 Alternative to non-residential notice or non-residential warning signs 76. (1) A person who performs a land extermination in an area other than a residential area may provide public notice of the extermination in accordance with this section instead of using non-residential notice signs or non-residential warning signs if, (a) complying with the requirements of sections 74 or 75 would require the posting of more than twenty signs; (b) the application area is in a rural area and is on a public thoroughfare; (c) the application area is in a rural area and is on land against which a public utility or other public work has a right of way if the land extermination is to be performed over the right of way to benefit that work or access to it; or (d) public access to the application area is sufficiently limited to justify doing so. (2) Public notice of a land extermination described in subsection (1) may be given, with the written approval of the Director, by the following means: 1. Publication in a newspaper of general circulation in the vicinity of the proposed land extermination at least one week prior to the proposed extermination. 2. The posting of signs or distribution of written notices in a manner that, in the Director's opinion, provides adequate notice to all persons who may be affected by the extermination. 3. Other means that, in the Director's opinion, provide adequate notice to all persons who may be affected by the extermination. (3) For the purposes of clause (1) (b), a public thoroughfare includes a public highway and any land over which the public has a general right of access but does not include a rest area, picnic area or other area on a highway where the public is invited to stop. (4) The Director may abridge the time period for advance notice set out in paragraph 1 of subsection (2) if he or she is satisfied that a land extermination is urgently required and that to do so would not deprive any person who may be affected by the extermination of adequate notice. Written notice 77. Any written notice authorized under. sections 75 and 76, other than the posting ofa sign, shall set out, (a) the date the land extermination is to take place; (b) a description of the application area; (c) the pesticide used or intended for use on the application area; (d) the .registration number assigned to the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada); (e) the name of the pest to be controlled; and (t) the telephone number of a representative of the person performing the land extermination who can provide more information about it. WATER EXTERMINATIONS Authorization to perform water extermination 78. Subject to subsection 11 (2), (a) a water exterminator's licence of a class set out in the Table to this section authorizes the use of a pesticide described opposite the class in Column 2 of the Table; and ~.~. .._J!.1ot. E5 if .CL~~__ 45 - () ~ 59 43 (b) the conditions set out in Column 3 of the Table are prescribed as conditions for use of the pesticides authorized by the licence. TABLE Item Column I Column 2 Column 3 Class oflicence Pesticides authorized for Conditions for ,use use under the licence 1. Aauatic Ve!!etation Herbicides Use in water extermination. 2. Mosquito/Biting Flies . Insecticides Use in water extermination. Use in land extermination of the adult stage of mosquitoes and other biting flies. 3. Fish/Mollusc Pesticides Use in water extermination related to fish, sea lamprey or molluscs. Water extermination licences, exemptions 79. (I) A person is exempt from subsection 5 (I) of the Act with respect to a water extermination if the person performs a water extermination in, on or over a portion of surface water that is within the boundaries of premises owned or occupied by the person or by a person of whom he or she is a full-time employee. (2) A municipality that performs a water extermination for another municipality by means of a Class 3, 4, 5, 6 or 7 pesticide is exempt from subsection 5 (2) of the Act for that extermination. Water extermination permits 80. (1) A person is exempt from subsection 7 (2) of the Act with respect to a water extermination if the person performs the extermination in, on or over water that is located wholly within the boundaries of the premises and no discharge of the water occurs by any means directly or indirectly, other than by percolation, into a well, lake, river, pond, spring, stream, reservoir or other water or watercourse that is located wholly or partly outside the boundaries of the premises. (2) Ifa person performs a water extermination for the control of plants that emerge from or float on the surface of the water in a drainage ditch, which at the time of the extermination contains no moving water, and the person uses a Class 3,4, 5,6 or 7 pesticide that is labelled for that use, the person is exempt from subsection 7 (2) of the Act for that extermination. (3) For the purposes of subsection (2), "drainage ditch" means an artificial water course, added to the natural land drainage system, primarily to collect and convey water and that, for some period each year, does not contain flowing water. (4) The Director may, in issuing a permit for a water extermination under subsection 7 (2) of the Act, exempt the person performing the extermination from one or more requirements under this Regulation for that extermination and may impose additional requirements with respect to the extermination. Water extermination, aerial application 81. (1) No person shall perform a water extermination by aerial application unless the person is a licensed land exterminator of the Aerial class. (2) If a water extermination is performed by aerial application using a Class 2 or 3 pesticide, (a) the pesticide shall not be in a dust formulation; and (b) if an airplane, helicopter or similar vehicle requiring a pilot is used, the pilot shall not assist in any preparation of the aerial application that relates to pesticides or otherwise expose himself or herself to contact with pesticides. (3) Every person who performs a water extermination by aerial application shall, (a) make a record of each water extermination performed by the person, in the manner approved by the Director, and keep the record for a period of two years after the extermination is completed; 60 "~ .._,.?t~ oj _"~~_ 08~ 4b~O~ 44 (b) if the water extermination was performed for an operator, provide a copy of the record mentioned in clause (a) to the operator after the extermination is completed; and (c) on the request of the Director, promptly submit a copy of the record mentioned in clause (a) to the Director. (4) The operator shall keep a copy of a record provided under clause (3) (b) for two years, OPERA nON OF EXTERMINA nON BUSINESS Authorization to operate extermination business 82. (I) A licensed operator of the Operator Business class is authorized to operate an extermination business. (2) Every licensed operator shall notify the Director, in writing, of any change in the information provided in the application for the issuance or renewal of his or her operator's licence within 10 days after the effective date of the change. General requirements, licensed operator 83. (I) Every licensed operator shall display his or her operator's licence or a legible copy of the licence in a prominent place at each location where he or she carries on business. (2) An operator who carries on business at more than one location shall, (a) have a licensed exterminator in charge at each location who is normally present at least once during each business day; (b) notify the Director of the address of each location and the name of the licensed exterminator in charge at each location; and (c) notify the Director of any change in the information furnished under clause (b) within 10 days after the effective date of the change. General requirements, licensed operator or other person 84. (1) This section applies to, (a) a licensed operator; or (b) if there is no licensed operator, a person who causes exterminations to be performed by a licensed exterminator, if the licensed exterminator is, (i) an employee of the person, if the person is not a partnership or corporation; (ii) a partner or employee of the partnership, if the person is a partnership; or (iii) a director, officer or employee 'of the person, if the person is a corporation. (2) A person described in subsection (1) shall not employ a person to assist in performing exterminations unless the person employed is a licensed exterminator, a technician or a trainee. (3) A person described in subsection (1) may employ people other than licensed exterminators, technicians and trainees to do work in connection with the extermination business, but the person described in subsection (1) shall ensure that the employed persons, (a) do not assist the licensed exterminator in the performance of an extermination; (b) do not handle any pesticide unless it is in a sealed container; (c) do not handle any empty plastic, glass or metal container that has been used to hold a Class 2 or 3 pesticide unless the container has been rinsed in accordance with subsection 101 (I); j/ ::'1\\'1"" ') '. j I..., i " .. 't"r ".....,,, ......,>"'.(;~~I.L """~'O'.."~' Q€'- "5 -0 d "j '. ,~ ,.,1 ~'"' .../ '-t l:J t\1: r " i ""> ..., ....,,_.., -45-. oI __~S_ 61 45 (d) do not do anything that is detrimental to the performance of an extermination, to public safety or to the environment; and (e) do not suffer any harm as a result of exposure to a pesticide or the performance of an extermination. (4) A person described in subsection (I) shall employ at least one licensed exterminator for every three or fewer technicians and trainees who assist in performing exterminations. (5) A person described in subsection (I) shall ensure that every technician and trainee employed by the operator is supervised by a licensed exterminator. Vehicle identification 85. During a calendar year, an operator shall not permit a vehicle to be used to transport or apply a pesticide in connection with an extermination unless an identification marker for the calendar year has been obtained from the Director and is affixed to the rear of the vehicle so that it is visible and legible at all times. Operator's licence exemption, certified agriculturist 86. A certified agriculturist is exempt from subsection 5 (2) of the Act in respect of an extermination business if all of the following criteria are satisfied: 1. The extermination is performed on farm land that is not owned or operated on by the certified agriculturist. 2. The extermination is performed by means of a Class 2, 3,4, 5, 6 or 7 pesticide. 3. The extermination is performed by the operation at any given time of only one piece of equipment used to apply a pesticide and that equipment is normally used on farm land owned or operated on by the certified agriculturist. 4. No money is paid for the extermination. 5. The extermination is not performed by aerial application. Operator's licence exemption, municipality 87. A municipality that performs a land extermination for another municipality by means of a Class 3, 4, 5, 6 or 7 pesticide is exempt from subsection 5 (2) of the Act for that extermination. Operator's licence exemption, specified Class 5, 6 and 7 pesticides 88. Subsection 5 (2) of the Act does not apply in respect of an extermination business that uses, (a) a Class 5, 6 or 7 pesticide that is, (i) a tree wound dressing, (ii) a wood preservative, (iii) an insecticide bait that is enclosed by the manufacturer in a plastic or metal container that has been made in a way that prevents or minimizes access to the bait by humans and pets, or (iv) an injection into trees, stumps or wooden poles; or (b) a Class 5, 6 or 7 pesticide that contains only one ingredient that is a pesticide and that ingredient is, (i) a soap, (ii) a mineral oil, or (iii) silicon dioxide, also known as diatomaceous earth. , , 2.- "& d 5S .,.~._""~"~...,,. ''';. ~.,..--~ ,4,~~. 45-0 ~ 62 46 Insurance requirements 89. (1) A licensed operator shall carry insurance in a form approved by the Superintendent of Financial Services of the Province of Ontario for every extermination business carried on by the licensed operator with respect to the liability of the ' licensed operator and all of the operator's employees arising out of any extermination business carried on by the licensed operator for death, injury or property damage. (2) Subject to subsection (3), if an operator carries on an extermination business, the liability coverage provided by the contract of insurance required under subsection (1) shall be in an amount of not less than $25,000 to each employee of the operator provided that the contract of insurance may limit the insurer's liability under the contract of insurance arising out of anyone incident to $50,000. (3) If an operator furnishes satisfactory evidence that the operator's business is covered under the Workplace Safety and Insurance Act, 1997 and that the operator is paying all premiums and other amounts due under that Act as they fall due, the operator is exempt from subsection (2) as long as the operator continues to pay those amounts as they fall due and to comply with all applicable provisions of that Act. (4) The contract of insurance required under subsection (1) shall provide comprehensive coverage in an amount of not less than $1,000,000 with respect to death, injury or property damage arising out of anyone incident. (5) The contract of insurance required under subsection (1) shall provide pollution coverage respecting the emission or discharge of chemicals into the environment as part of the business operated under the authority of the licence in an amount of not less than $200,000 with respect to death, injury or property damage arising out of anyone incident. (6) If the extermination business carried on by an operator involves the aerial application of pesticides, the contract of insurance required under subsection (1) shall provide coverage for liability for off target pesticide deposition in an amount of not less than, (a) $100,000 with respect to death or injury arising out of anyone incident; and (b) $25,000 with respect to property damage arising out of anyone incident. (7) In subsections (4), (5) and (6), a reference to death or injury means death of or injury to a person who is not an employee of the operator. (8) The contract of insurance required under subsection (1) may provide that the insured shall be responsible for the first $2,500 of each claim for which coverage is required under subsections (4), (5) and (6). (9) Every contract of insurance furnished in satisfaction of the requirements of this section shall provide that, (a) the insurer shall give 30 days notice by registered mail to the Director prior to any cancellation of the contract by the insurer or the insured taking effect; (b) the contract of insurance shall remain in full force and effect until the notice provided for in clause (a) has expired; and (c) the insurer shall pay any claims covered by the contract of insurance to any person making such a claim who has recovered a judgment on the claim despite any act or default of the insured which might make the policy void or give the insurer a defence to an action by the insured provided that such provision shall not limit the insurer's right to recover any payment so made from the insured. (10) This section does not apply in respect of a person performing an extermination that uses, (a) a Class 5, 6 or 7 pesticide that is, (i) a tree wound dressing, (ii) a wood preservative, or t,__"_~ R~PORT#..a~"~~ 4-S-0~ _~1 of _..s5., 63 47 (iii) an insecticide bait that is enclosed by the manufacturer in a plastic or metal container that has been made in a way that prevents or minimizes access to the bait by humans and pets; or (b) a Class 5, 6 or 7 pesticide that contains only one ingredient that is a pesticide and that ingredient is, (i) a soap, (ii) a mineral oil, or (iii) silicon dioxide, also known as diatomaceous earth. SALE AND DISPLAY OF PESTICIDES Licensed vendor, general requirements 90. (I) Every licensed vendor shall display his or her vendor's licence or a legible copy of the licence in a prominent place at the sales outlet covered by the licence. (2) A general vendor or limited vendor shall notify the Director, in writing, of any change in the information submitted in or with the vendor's application for his or her licence within 10 days after the effective date ofthe change. Vendor's licence exemption 91. (I) A person is exempt from section 6 ofthe Act with respect to the sale of any of the following pesticides: I. A Class 3 pesticide that is intended for use as a bactericide in cutting oil or marine or aviation fuels. 2. A Class 4 or 5 pesticide that is a paint, stain, sealer or wood preservative, if no food is prepared, sold or stored at the sales outlet. 3. A Class 4 or 5 pesticide that is a disinfectant, cleanser or bactericide. 4. A Class 6 pesticide. 5. A pesticide that is to be transported out of Ontario. (2) A licensed exterminator is exempt from the licence requirement in section 6 of the Act with respect to any transfer of pesticides brought about by the application of pesticides in the course of the licensed exterminator's business. Records of sales 92. (I) Every licensed vendor shall keep a record of each sale of a Class 2 or 3 pesticide, setting out a description of the pesticide sold, including the pesticide's name, the pesticide's registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), the Class under which the pesticide is classified, the unit size and the quantity. (2) A record described in subsection (I) shall set out, (a) the name and address of the purchaser; (b) the date of the sale; (c) if the purchaser holds a licence or permit to use the pesticide, the type, class, number and expiry date of the licence or permit; (d) if the sale is to a certified agriculturist, (i) the number and expiry date of the certified agriculturist's certificate; and (ii) the name of the person to whom the pesticide was given, if the pesticide was given to an agent of the certified agriculturist at the vendor's sales outlet; and t.AE- ",I"r f ;1- reI DI=PO' y).~;, ^e.c:. 4~-Og I hi. tJ. ___,_,. . J 1\._ "I 1 ~.~~ L,J ~ .. J::' C' __of_~ 64 48 (e) if the sale is to a person who holds a certificate of registration issued to the person by the Provincial Apiarist under the Bees Act, the number on that certificate. (3) A record made under subsection (1) shall be kept by the licensed vendor for a period of two years or such longer period as the Director may require by written notice. (4) Every vendor who receives a written request from the Director for a record kept under subsection (1) shall forward the record or a copy of it to the Director within 30 days of receiving the request. (5) The vendor shall produce a record kept under subsection (I) to a provincial officer when requested and the provincial officer may remove the record, or any portion of it, in order to make copies. Display 93. A general vendor or limited vendor who sells a Class 2, 3,4, 5, 6 or 7 pesticide shall ensure that, (a) . a Class 2,3,4 or 7 pesticide is displayed in a manner that prevents any person other than the licensee or the licensee's employees from having ready access to the pesticide; (b) a Class 5 pesticide is displayed in a manner that presents minimal hazard to children; and (c) a Class 2,3,4,5,6 or 7 pesticide is not displayed on a shelf or in a display case that is adjacent to or above a shelf or display case containing food or drink intended for human or animal consumption or any other commodity which, if contaminated by the pesticide, could cause injury or damage to property or to plant or animal life or to any person. Prescribed pesticides, s. 7.1 (4) of the Act 94. (I) The pesticides listed in Class 8 are prescribed for the purposes of subsection 7.1 (4) of the Act. (2) Subsection (1) does not apply to the transfer of a pesticide if the pesticide is being transferred for the sole purpose of, (a) transferring the pesticide out of Ontario; or (b) returning the pesticide to its manufacturer. Sale, purchase and acquisition, prohibitions 95. For the purposes of section 6 of the Act and subject to sections 96 and 97, no person shall, (a) sell a pesticide of a class described in Column 1 of the following Table to this section unless the person is a person described opposite the class in Column 2; (b) sell a pesticide of a class described in Column 1 of the following Table to a person other than a person described opposite the class in Column 3; or (c) purchase or acquire a pesticide of a class described in Column 1 of the following Table unless the person is a person described opposite the class in Column 3. TABLE Item Column 1 Class of esticide 1. Class 1 Column 2 Who ma sell A person who carries on business respecting any of the following: 1. Formulating a Class 1 pesticide into another pesticide. 2. Manufacturin~ or incorporating a 2. Class I pestiCIde into a product. 3. ,4;!TACHMENT #~:J- TO RFPORT#JWS_4S-0g -.-!i!L oi._Q5.,.. 65 49 3. Packaging or distributing a Class I pesticide. pesticide. 2. Class 2 General vendor A general vendor. A licensed exterminator, if the licence authorizes the use of the pesticide. A holder of a valid permit issued under section 7 of the Act, if the permit authorizes the purchase and use of the pesticide. A certified agriculturist, unless the pesticide is a fumigant gas other than aluminum phosphide. 3. Class 3 General vendor A general vendor. A licensed structural or water exterminator, ifthe licence authorizes the use of the pesticide. A licensed land exterminator, if the licence authorizes the use of the pesticide and the pesticide does not contain picloram. A certified agriculturist, unless the pesticide contains picloram. A holder of a valid permit issued under section 7 of the Act, if the permit authorizes the purchase and use of the pesticide. 4. Class 4 General vendor or limited vendor A general vendor. A licensed exterminator, if the licence authorizes the use of the pesticide. A holder of a valid permit issued under section 7 of the Act, if the permit authorizes the purchase and use of the I pesticide. 5. Class 5 General vendor or limited vendor Any person 6. Class 6 Anv oerson Any person 7. Class 7 General vendor or limited vendor Any person Sales in accordance with permits 96. A general vendor or limited vendor shall not sell a pesticide to the holder of a permit issued under section 7 of the Act for the purchase and use of that pesticide except in accordance with any applicable terms and conditions of the permit. Sales to specified persons 97. If a vendor is authorized to sell a pesticide under section 95, he or she may sell the pesticide to any of the following persons in addition to the persons mentioned in section 95: I. A person who is exempt from subsection 5 (I) of the Act under subsection II (4), if the person provides a letter signed by the Director confirming that the person is exempt. 2. An inspector who is exempt from subsection 5 (I) of the Act under subsection 49 (I), if the person provides proof of appointment as an inspector under the Bees Act. 3. A person who is engaged in controlling pests of bees by extermination by means of a Class 3 or 4 pesticide and is exempt from subsection 5 (I) of the Act under subsection 49 (2), if the person provides the certificate of registration issued to the person by the Provincial Apiarist under the Bees Act. 4. A person who is exempt from subsection 5 (I) of the Act under section 42, if the person provides the farm registration number or a document approved by the Director confirming that the person uses farm land for the production of plants, animals or both, other than production related to the management of Crown forests under the Crown Forest Sustainability Act, 1994. ;L 5D ot _~5- ......."".-..-,.,........... . O.Q.46~O& 66 50 General vendor, outlet representative 98. (1) A general vendor shall ensure that an outlet representative who meets the requirements of this section works full-time at the sales outlet covered by the licence. (2) An outlet representative described in subsection (I) shall, ( a) be at least 16 years of age; (b) be the licensee or an employee of the licensee, if the licensee is not a partnership or corporation; (c) be a partner or an employee of the partnership, if the licensee is a partnership; (d) be an officer, director or employee of the corporation, if the licensee is a corporation; (e) have successfully completed within the previous 60 months a course approved by the Director for general vendors or have otherwise satisfied the Director that he or she is qualified to sell pesticides; (f) ensure that information in a form approved by the Director regarding the use of Class 7 pesticides is available to a purchaser of a Class 7 pesticide; and (g) ensure that all operations of the outlet are carried out in accordance with the Act and the regulations. (3) A person shall not sell or offer to sell a pesticide at a sales outlet covered by a general vendor's licence if the sales outlet does not have an outlet representative who meets the requirements under this section. (4) Subsection (3) does not apply to a sale ofa pesticide by a person who is exempted under section 91 from requiring a vendor's licence. Limited vendor 99. If a sales outlet is covered by a limited vendor's licence, the limited vendor shall ensure that, (a) information in a form approved by the Director regarding the use of Class 7 pesticides is available to a purchaser of a Class 7 pesticide; and (b) all operations of the outlet are carried out in accordance with this section and the relevant parts ofthe Act and the regulations that apply to Class 7 pesticides. CONTAINERS AND STORAGE OF PESTICIDES Prohibition, containers 100. (1) No person shall have possession of a pesticide other than in the container in which it was originally offered for sale. (2) Subsection (1) does not apply to a person, (a) who is performing an extermination in accordance with the Act and this Regulation; or (b) who places the pesticide into a secondary container of a type and composition that is customarily used or approved by the pesticide's manufacturer for that pesticide and that bears a label stating, (i) the trade name or common name and the concentration of each ingredient in the pesticide that is a pesticide, and (ii) the pesticide's registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada). :;, ;L ,..._S.L Ci..J2_Q..... ;f_Q~~.45- Og 67 51 Empty containers 101. (1) When a plastic, glass or metal container that has been used to hold a Class 1,2,3 or 4 pesticide becomes empty, the person responsible for the pesticide shall ensure that the container is promptly triple-rinsed or jet-rinsed using clean water, if appropriate, or another solvent that is appropriate. (2) Subsection (I) does not apply if, (a) the container is returned to the vendor for refilling, if the container is clearly marked to indicate that it can be refilled with the same pesticide and, before being returned, the container is stored in the manner that would be required if it were full; (b) the container's label indicates that the container should not be rinsed; (c) the container is an aerosol can; (d) the container does not have an opening that can be readily opened and is large enough to permit subsection (I) to be complied with; or (e) the Director consents in writing. (3) The person responsible for the pesticide shall ensure that a container that has been rinsed under subsection (I), (a) is taken for recycling to a pesticide container depot within the meaning of Regulation 347 (General- Waste Management) of the Revised Regulations of Ontario, 1990 made under the Environmental Protection Act; (b) is disposed of in accordance with Part V of the Environmental Protection Act and Regulation 347 of the Revised Regulations of Ontario, 1990 made under that Act; or (c) is recycled or disposed of in another manner approved by the Director as affording a satisfactory level of protection for human health and the environment. (4) The person responsible' for the pesticide shall ensure that a container that is exempt from subsection (I) under clause (2) (b), (c), (d) or (e), (a) is disposed of in accordance with Part V of the Environmental Protection Act and Regulation 347 of the Revised Regulations of Ontario, 1990 made under that Act; or (b) is recycled or disposed of in another manner approved by the Director as affording a satisfactory level of protection for human health and the environment. (5) The person responsible for the pesticide shall ensure that any water or other solvent used for rinsing under subsection (1) is disposed of in accordance with Part V ofthe Environmental Protection Act and Regulation 347 of the Revised Regulations of Ontario, 1990 made under that Act, unless it is emptied into the spray tank and used in the extermination. (6) For the purpose of subsection (I), a container shall be deemed to be empty ifit contains less than 2.5 centimetres of material at the bottom of the container. (7) When a paper or cardboard container that has been used to hold a Class 1, 2, 3 or 4 pesticide becomes empty, the person responsible for the pesticide shall ensure that, (a) the container is disposed of by burning, subject to any applicable municipal by-law, in a manner that keeps persons and animals out of any resulting smoke and that directs any resulting smoke away from buildings, roads and outdoor areas frequented by the public; (b) the container is disposed of in accordance with Part V of the Environmental Protection Act and Regulation 347 of the Revised Regulations of Ontario, 1990 made under that Act; or ~ ....e. c'c"c.. a~' II.C_OrJ '1'~ :: k ;"",\ 1....1 ~ 1-~ - '1'1J ~ 1.~ _~",~_~, . _ .,., h..l.... ",J t \ l, r j ""'- :"~,,' 5J.., Of .___5'..2:. 68 52 (c) the container is recycled or disposed of in another manner approved by the Director as affording a satisfactory level of protection for human health and the environment. Damaged or broken containers 102. If the original container of a Class I, 2, 3 or 4 pesticide is damaged or broken, the person responsible for the pesticide shall ensure that, (a) under the direction of the person who registered the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), (i) any spillage is cleaned up to the satisfaction of the Director, and (ii) any area, carrier or commodity that came in contact with the pesticide is decontaminated to the satisfaction of the Director; (b) any pesticide that is to be kept is stored in a container that is equivalent to the one that was damaged or broken and that bears a label stating, (i) the trade name or common name and the concentration of each ingredient in the pesticide that is a pesticide, and (ii) the pesticide's registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada); (c) the container that was damaged or broken is dealt with under section 101 as ifit were an empty container; (d) any pesticide that is not going to be kept is disposed of in accordance with Part V of the Environmental Protection Act and Regulation 347 (General- Waste Management) of the Revised Regulations of Ontario, 1990 made under that Act, or in another manner approved by the Director as affording a satisfactory level of protection for human health and the environment; and (e) any water or other solvent used for cleaning up or decontaminating under clause (a) is disposed of in accordance with Part V of the Environmental Protection Act and Regulation 347 of the Revised Regulations of Ontario, 1990 made under that Act, or in another manner approved by the Director as affording a satisfactory level of protection for human health and the environment. Storage, prohibitions 103. (I) No person shall store a pesticide in such a manner that the pesticide is likely to come into contact with food or drink intended for human or animal consumption. (2) No person shall store a pesticide unless the person is the holder of a vendor's licence, operator's licence or exterminator's licence authorizing the licensee to sell or use the pesticide or is exempt from requiring a vendor's licence, operator's licence or exterminator's licence to sell or use the pesticide. Storage in vehicles 104. (1) No person shall leave a Class 1,2,3,4,5,6,7 or 8 pesticide, whether mixed or diluted for use or not unsupervised in a vehicle unless the vehicle is located in a place inaccessible to the public or the pesticide is locked in an enclosed part or compartment of the vehicle. (2) A person shall not leave a Class 1,2,3,4,5,6, 7 or 8 pesticide, whether mixed or diluted for use or not unsupervised in a vehicle unless the vehicle displays, in clearly visible block letters, (a) the words "Warning" and "Authorized Persons Only"; and (b) the words "Chemical Storage" or "Pesticide Storage". (3) Subsection (2) does not apply to a person who is transporting a Class 5, 6 or 7 pesticide for personal use in or around a home. u __,__a,., . _JL3- _.55..., ij'_Qe~. 4b-O~ 69 53 Storage, general requirements 105. (1) A person who stores a Class 1,2,3,4,5,6, 7 or 8 pesticide shall do so in accordance with the following rules: I. The pesticide shall be stored in such a manner that the pesticide is not likely to impair the health or safety of any person. 2. The pesticide shall be stored in an area that is maintained in good repair and in a clean and orderly condition with sufficient precautions taken to prevent the pesticide from contaminating the natural environment or any other pesticide stored in the same area. 3. The pesticide shall be stored in an area that has a warning sign prominently displayed near the area and at all entrances to the area bearing, in clearly visible block letters, I. the words "Warning" and "Authorized Persons Only", and II. the words "Chemical Storage" or "Pesticide Storage". 4. The pesticide shall be stored in an area near which there is prominently displayed a list of emergency telephone numbers, including those of the fire department, hospital and poison control centre. (2) Subsection (1) does not apply to, (a) a person who is storing a Class 5, 6 or 7 pesticide on property occupied by the person for personal use of the pesticide in or around a home; (b) a person who is storing a Class 8 pesticide on property occupied by the person until the pesticide can be properly disposed of; or (c) a licensed vendor who is storing only a Class 6 pesticide. Storage of Class 1, 2 or 3 pesticides 106. (I) No person shall store a Class 1,2 or 3 pesticide unless, (a) if the pesticide is stored indoors, the compartment, room or structure in which the pesticide is stored is ventilated to the outdoor atmosphere; (b) sufficient security measures are taken so that the express permission of the person responsible for the pesticide is required to enter or have access to the area where the pesticide is stored; (c) there is no floor drain that leads into or drains directly or indirectly into a storm sewer, sanitary sewer or watercourse in the area where the pesticide is stored; (d) there is adequate respiratory protection and adequate protective clothing readily available for emergency purposes; and (e) if the pesticide is a Class 2 pesticide, the pesticide is stored in an area that is used primarily for the storage of pesticides. (2) For the purposes of clause (I) (d), "adequate protective clothing" means clothing including rubber or neoprene boots, rubber or neoprene gloves, hats, coats and other garments that effectively protect the user from adverse effects that might result from a pesticide coming in contact with the skin during or after the handling or use of the pesticide. Exemption, Class 5, 6 or 7 pesticides 107. Subsection 104 (2) and paragraphs 3 and 4 of subsection 105 (I) do not apply in respect of an extermination that uses, (a) a Class 5, 6 or 7 pesticide that is, ~ ,"...s~ ,_,; ""fi~~ . oeS 1.\-6 -o~ 70 54 (i) a tree wound dressing, (ii) a wood preservative, or (iii) an insecticide bait that is enclosed by the manufacturer in a plastic or metal container that has been made in a way that prevents or minimizes access to the bait by humans and pets; or (b) a Class 5, 6 or 7 pesticide that contains only one ingredient that is a pesticide and that ingredient is, (i) a soap, (ii) a mineral oil, or (iii) silicon dioxide, also called diatomaceous earth. Fire department notification 108. (I) The following persons shall annually give a written notice in accordance with subsection (2) to the fire department responsible for the area in which the pesticide is stored: I. A general vendor or limited vendor who stores a Class 2, 3,4, 5, 6, 7 or 8 pesticide. 2. An operator who stores a Class 2, 3 or 4 pesticide for use. 3. A person who stores a Class I pesticide. 4. A person, other than a person who stores a pesticide for personal use in or around a home, who stores a pesticide that is to be transported. 5. A person who stores, 1. a pesticide that is to be formulated into another pesticide, manufactured or incorporated into a product, or ii. a pesticide or product resulting from the formulation, manufacturing or incorporation described in subparagraph i. (2) The notice shall be in the form approved by the Director and shall identifY the pesticide, describe its location and conditions of storage and identifY the person responsible for the pesticide. (3) Subsection (I) does not apply to a pesticide that is temporarily stored in a vehicle. FIRES, ACCIDENTS, THEFTS Director to be notified 109. (1) The person responsible for a pesticide shall, as soon as practicable, notifY the Director in the event of a fire or other occurrence that may result in the pesticide being released into the environment out ofthe normal course of events, if the release, (a) would be likely to cause impairment of the quality of the environment for any use that can be made of it; (b) would be likely to cause injury or damage to property or to plant or animal life; (c) would be likely to cause harm or material discomfort to any person; (d) would be likely to adversely affect the health of any person; (e) would be likely to impair the safety of any person; or ~ ",,_"5.Q., (;1___"s..5: {;:()?~ 45-D <i '7 1 55 (f) would be likely to render directly or indirectly any property or plant or animal life unfit for use by humans. (2) The person responsible for a pesticide shall, as soon as practicable, notify the Director whenever any pesticide is stolen or otherwise passes out o.fthe person's possession or control other than in the normal course of affairs. TRANSPORT A nON Transportation in vehicle, general 110. No person shall transport or cause or permit the transportation ofa pesticide by a vehicle operated on any highway or road unless the pesticide is secured in a manner sufficient to prevent the escape or discharge of the pesticide from the vehicle. Transportation in vehicle, Class 1, 2, 3 or 4 pesticides 111. (1) No person shall transport or cause or permit the transportation of a Class I, 2, 3 or 4 pesticide together with any of the commodities described in subsection (2) by a vehicle operated on any highway or road unless the pesticide being transported is separated from the commodities in a manner sufficient to prevent their contamination or likely contamination by the pesticide. (2) Subsection (1) applies to the following commodities: 1. Food or drink intended for human or animal consumption. 2. Household furnishings. 3. Toiletries, clothes, bedding or similar commodities. AMENDMENT, REVOCA nON AND COMMENCEMENT Amendment 112. Column 2 of Item 4 in the Table to section 95 of this Regulation is amended by striking out "or limited vendor". Revocation 113. Regulation 914 (General) of the Revised Regulations of Ontario made under the Act is revoked. Commencement 114. (1) Subject to subsection (2), this Regulation comes into force on the later of the day the Cosmetic Pesticides Ban Act, 2008 is proclaimed in force and the day this Regulation is filed. (2) Section 112 comes into force on the later of January 1,2013 and the day this Regulation is filed. i~' r1ENT#_>._~ / of REPORTtt Or:;s l!5"-o8 t./-O 72 Fran~ais Pesticides Act R.S.O. 1990, CHAPTER P.11 Consolidation Period: From June 18,2008 to the e-Laws currencv date. Last amendment: 2008, c. II. Skip Table of Contents CONTENTS L b. ~ 1. .2.. Q, L Ll ~ 2... .lQ., lL lb .!J.. 14. li lQ. lL lli, l2...' l2,.l 19.2 19.3 19.4 19.5 19.6 19.7 20. lL. 22. 23. 23.1 24. 24.1 24.2 24.3 25. 25.1 26. 26.1 26.2 26.3 26.4 26.5 Interpretation Powers and duties of Minister Appointment of Directors Prohibited use of pesticides Licences relating to exterminations Licence to sell, offer to sell or transfer Where permit required Prohibitions - pesticides used for cosmetic purposes Act of officer, etc., of corporation Liability insurance Advisory Committee Licences and permits: issue, renewal and revocation Term ofJicence Review, refusal to issue licences, etc. Hearings Appeals Protection from personal liability Provincial officers Calling for assistance of member of police force Inspection by provincial officer Inspection ofvehicJes and vessels Power to administer other Acts Entry to dwellings Identification Entry, etc., may be prohibited Order of just ice: prohibiting entry, or use, etc., of things Securing of place Order of justice: authorizing inspection Samples and copies Seizure during inspection Searches relating to offences Detention or removal Report to justice re: seizure Disposition of certain things Notice of disposal Forfeiture may be ordered Use of force Order for use of monitoring device, etc. Permit or licence condition, permission to inspect Order by provincial officer: contraventions Amendment or revocation of order under s. 26.1 Review, order under ss. 26.1 or 26.2 Non-application of notice requirement under s. 13 Appeal to Tribunal, order under s. 26.3 p-:rr,t;,CHt"iENT# 3 TOREPORT# Des 4S-0~ 2, of~ ,II I 73 27. 28. 29. 30. 1L ill ill ill 31.4 ill ill 32. 33. 34. 35. 36. 37. 38. 39. !L. ill 42. 43. 44. 45. 46. 46.1 46.2 46.3 46.4 47. 48. 49. 50. 50.1 R ill 52. ill 53. Stop order Control order Discharge of pesticide, Director to be notified Damage repair, cleaning and decontamination Orders, successors, etc., bound, records Definitions, ss. 31.1 to 31.6 Interpretation, ss. 31.3 to 31.6 Actions taken by municipalities Actions taken by secured creditors Receivers and trustees in bankruptcy Obligations of fiduciaries The Crown Licences or permits not transferable Exemption from regulations, applicants for licence Regulations Scope of regulations Fees Service Enforcement of performance of things required to be done Presiding judge Director may impose administrative penalties Offences Penalties, general Penalty re monetary benefit Penalties, more serious offences Order to prevent damage, etc. Restitution orders Forfeiture on conviction Where fine not paid Costs of seizure, etc. Suspension for default in payment of fine Limitation Duty of director or officer of corporation Service of offence notice, etc., offences re: vehicles Service of offence notice, etc., corporations, etc. Official documents, evidence Electronic signature Proceedings to prohibit continuation or repetition of contravention Administrative changes to control orders and permits Conflict with other legislation Interpretation 1. (1) In this Act, "air" means open air not enclosed in a building, structure, machine, chimney, stack, flue or vehicle; ("air") . "analyst" means an analyst appointed under the Environmental Protection Act; ("analyste") "Committee" means the Pesticides Advisory Committee; ("Comite") Note: On a day to be named by p~lamation of the Lieutenant Governor, lubsection (1) Is amended by the Statutes of Ontario. 2008, chapter 11, subsection 1 (1) by adding the foUowing definition: "cosmetic" means non-essential; ("esthetique") See: 2008, e. 11, IS. 1 (1), 6. "discharge", when used as a verb, includes add, deposit, emit or leak and, when used as a noun, includes addition, deposit, emission or leak; ("rejet", "rejeter") "document" includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and information recorded or stored by means of any device; ("document") "environment" means the natural environment, a building, structure, machine and vehicle, or any of them; ("environnement") "extermination" means a land extermination, structural extermination or a water extermination; ("destruction") r1ENT#_~_ TO REPORT# atS q.5"O~ .3 of &4-0 74 "extermination business" means an activity or enterprise carried on for the purpose of causing an extermination or exterminations to be performed for fee or payment; ("entreprise de destruction") "exterminator" means a person who, personally or through employees, assistants or agents, performs or enters into a contract to perform an extermination; ("destructeur") "inspection" includes an audit, examination, survey, test and inquiry; ("inspection") "justice" means a provincial judge or a justice of the peace; ("juge") "land" means surface land not enclosed in a building or structure, land covered by water and all subsoil, or any combination or part thereof; ("terrain") "land extermination" means the destruction, prevention or control in, on or over land of a pest or pests by the use of a pesticide but does not include a structural extermination, a water extermination or the destruction, prevention or control of termites; ("destruction de parasites terrestres") "licence" means a licence issued under this Act and the regulations; ("licence") "licensee" means a person who is the holder of a licence under this Act; ("titulaire de licence") "Minister" means the Minister of the Environment; ("ministre") "Ministry" means the Ministry of the Environment; ("ministere") "natural environment" means the air, land and water, or any combination or part thereof, of the Province of Ontario; , ("environnement naturel") "operator" means a person who has the control and management of an extermination business, and "operate" has a corresponding meaning; ("exploitant") "permittee" means a person who is the holder of a permit under this Act; ("titulaire de permis") "person" includes a municipality, a corporation on behalf of Her Majesty in right of Ontario, and an agent of any of them; ("personne") "person responsible", when used with reference to a pesticide, substance or thing, means, (a) the owner, (b) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display, or (c) the person having the charge, management or control, ofthe pesticide, substance or thing; ("personne responsable") "pest" means any injurious, noxious or troublesome plant or animal life other than humans or plant or animal life on or in humans and includes any injurious, noxious or troublesome organic function of a plant or animal; ("parasite") "pesticide" means any organism, substance or thing that is manufactured, represented, sold or used as a means of directly or indirectly controlling, preventing, destroying, mitigating, attracting or repelling any pest or of altering the growth, development or characteristics of any plant life that is not a pest and includes any organism, substance or thing registered under the Pest Control Products Act (Canada); ("pesticide") "place" includes a building, structure, machine, vehicle or vessel; ("lieu") "prescribed" means prescribed by the regulations; ("prescrit") "provincial officer" means a person who is designated under section 17; ("agent provincial") "receiver" means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver; ("sequestre") "regulations" means the regulations made under this Act; ("reglements") "secured creditor" means a person who holds a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege on or against property, but does not include a person who has taken possession or control of the property; ("creancier garanti") !'1ENT#_...3~ TO REPORT# a.e.5 4:;...0& ~_ of...!:!1L '75 "structural extermination" means the destruction, prevention or control of a pest that may adversely affect a building, structure, machine, vehicle or their contents or the use or enjoyment thereof by any person by the use of a pesticide in, on or in the vicinity of the building, structure, machine or vehicle and includes the destruction, prevention or control of termites; ("destruction de parasites dans une structure") "Tribunal" means the Environmental Review Tribunal; ("Tribunal") "water" means surface water and ground water, or either of them; ("eau") "water extermination" means the destruction, prevention or control in, on or over surface water of a pest by the use of a pesticide. ("destruction de parasites aquatiques") RS.O. 1990, c. P.lI, s. I (I); 1993, c.27, Sched.; 1998, c. 35, s. 77; 2000, c. 26, Sched. F, s. 14 (I, 2); 2001, c. 17, s. 6 (I). Idem, Director (2) In this Act, "the Director" means a Director appointed under section 3. RS.O. 1990, c. P.II, s. I (2). Health or safety (3) For the purposes of this Act, a danger to existing water supplies that are used for human consumption shall be deemed to be a danger to the health or safety of persons. 200 I, c. 17, s. 6 (2). Note: On a day to be named hy proclamation of the Lieutenant Governor, IKtlon I Is amended by the Statutes of Ontario, 2008, chapter 11, subsection I (2) by adding the foUowing sublKtion: . Use of pesticide (4) For the purposes of this Act, (a) the placement or application ofa pesticide is a use of the pesticide; and (b) the mixing, dilution or loading of a pesticide for the purpose of placing or applying it is a use of the pesticide. 2008, c. 11, s. 1 (2). See: 2008, c. II, ss. I (2), 6. Powers and duties of Minister 2. The Minister, for the purpose of the administration of this Act and the regulations, may, (a) investigate problems relating to pesticides and the control of pests; (b) conduct research relating to pesticides and the control of pests; (c) conduct studies of the effect of pesticides and the control of pests on the quality of the environment; (d) convene conferences and conduct seminars and educational programs relating to pesticides and the control of pests; (e) gather, publish and disseminate information relating to pesticides and the control of pests; (f) make grants and loans for research related to pesticides and the control of pests in such amounts and upon such terms and conditions as the regulations may prescribe; (g) appoint committees to perform such advisory functions as the Minister considers requisite; (h) with the approval of the Lieutenant Governor in Council, enter into an agreement with any government or person relating to pesticides or the control of pests. RS.O. 1990, c. P.II, s. 2. Appointment of Directors 3. (1) The Minister shall appoint in writing such public servants employed under Part III of the Public Service o/Ontario Act, 2006 who work in the Ministry as the Minister considers necessary as Directors in respect of such sections of this Act and in respect of such of the regulations or sections thereof as are set out in the appointments. RS.O. 1990, c. P .11, s. 3 (1); 2006, c. 35, Sched. C, s. 109 (I). Limitation of authority of Director (2) The Minister, in an appointment under subsection (1), may limit the authority of a Director in such manner as the Minister considers necessary or advisable. R.S.O. 1990, c. P.lI, s. 3 (2). Prohibited use of pesticides M3 ~_. ot -~lf1L_. O?:S t.f.5 'D8 76 4. No person, whether acting or not acting under the authority of a licence or permit under this Act or an exemption under the regulations, shall discharge or cause or permit the discharge of a pesticide or of any substance or thing containing a pesticide into the environment that, (a) causes or is likely to cause impairment of the quality of the environment for any use that can be made of it greater than the impairment, if any, for such use that would necessarily result from the proper use of the pesticide; (b) causes or is likely to cause injury or damage to property or to plant or animal life greater than the injury or damage, if any, that would necessarily result from the proper use of the pesticide; (c) causes or is likely to cause harm or material discomfort to any person greater than the harm or material discomfort, if any, that would necessarily result from the proper use of the pesticide; (d) adversely affects or is likely to affect adversely the health of any person to. a greater degree than the adverse effect, if any, that would necessarily result from the proper use of the pesticide; (e) impairs or is likely to impair the safety of any person to a greater degree than the impairment, if any, ofthe safety of any person that would necessarily result from the proper use of the pesticide; or (t) renders or is likely to render directly or indirectly any property or plant or animal life unfit for use by humans to a degree greater than the unfitness, if any, that would necessarily result from the proper use of the pesticide. RS.O. 1990, c. P.1I, s. 4. Licences relating to exterminations Prohibition as to exterminations 5. (I) No person shall engage in, perform or offer to perform an extermination except under and in accordance with a licence of a prescribed class and except by the use of a pesticide of a class and under the conditions for use prescribed for that class of licence or unless exempt under the regulations. Licence req uired to operate extermination business (2) No person shall operate an extermination business except under and in accordance with a licence of a prescribed class or unless exempt under the regulations. Idem, assistant structural exterminator (3) No person shall serve for a period of more than six months as an assistant to the holder of a licence to perform structural exterminations unless the person is licensed as an assistant exterminator or is exempt under the regulations. Notice as to assistants to land exterminators or water exterminators (4) No person shall serve for a period of more than seven days as an assistant to the holder of a licence to perform land exterminations or water exterminations unless the holder of the licence to perform the exterminations notifies the Director in writing or the person is exempt under the regulations. RS.O. 1990, c. P.II, s. 5. Licence to sell, offer to sell or transfer 6. Unless exempt by the regulations, no person shall sell, offer to sell or transfer any pesticide unless the pesticide is classified in accordance with the regulations and except under and in accordance with a licence that shall be for such. class and in respect of each premises on, in or from which the pesticide is or will be sold, offered for sale or transferred. RS.O. 1990, c. P.lI, s. 6; 1997, c. 37, s. 5 (1). Where permit required 7. (I) No person shall perform a land extermination or a structural extermination, (a) by means ofa pesticide; (b) by means of a pesticide of a class; or (c) under the conditions of use, prescribed for the purpose of this section unless the person is the holder of a permit for the land extermination or the structural extermination issued by the Director or is exempt under the regulations. Idem (2) No person shall perform a water extermination unless the person is the holder of a permit issued by the Director for the water extermination or is exempt under the regulations. R.S.O. 1990, c. P.II, s. 7. ~1ENT#.-3_, TO REPORT# OES 45-D~ ~ of 4-0 '7'7 Note: On a day to be named by proclamation ofth~Lleutenant Gonrnor, th~ Act is amended by th~ StatutaofOntario, 20Q8, chapt~r 11, ~on 2 by adding th~ following sKtlon: Prohibitions - pesticides used for cosmetic purposes 7.1 (l) No person shall use or cause or permit the use in, on or overland of a pesticide that has been prescribed for the purpose of this subsection. 2008, c. II, s. 2. Excepted uses (2) Subject to the regulations, subsection (l) does not apply to the following uses ofa pesticide: 1. Uses related to golf courses, if any prescribed conditions have been met. 2. Uses related to agriculture. 3. Uses related to forestry. 4. Uses related to the promotion of public health or safety. 5. Other prescribed uses, if any prescribed conditions have been met. 2008, c. 11, s. 2. Requirements related to excepted uses (3) A person who, pursuant to subsection (2), uses a pesticide prescribed for the purpose of subsection (I) shall comply with such requirements as may be prescribed. 2008, c. II, s. 2. Prohibition on sale, etc. (4) Despite section 6, no person shall sell, offer to sell or transfer a pesticide that has been prescribed for the purpose of this subsection. 2008, c. 11, s. 2. By-laws Inoperative (5) A municipal by-law is inoperative if it addresses the use, sale, offer for sale or transfer of a pesticide that may be used for a cosmetic purpose. 2008, c. 11, s. 2. . See: 2008, c. 11, ss. 2, 6. Act of officer, etc., of corporation 8. For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, official, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or the performance of his or her duties shall be deemed to be also an act or thing done or omitted to be done by the corporation. R.S.O.1990,c.P.II,s.8. Liability Insurance 9. An operator shall insure against liability or furnish a bond as provided for by the regulations. R.S.O. 1990, c. P.l1, s. 9. Advisory Committee 10. (1) The Committee known as the Pesticides Advisory Committee established under The Pesticides Act, being chapter 346 of the Revised Statutes of Ontario, 1970, and consisting of not fewer than ten members appointed by the Lieutenant Governor in Council one of whom may be designated by the Lieutenant Governor in Council as chair and for whom the Lieutenant Governor in Council may appoint a person who is not a member as secretary, is continued under the name Pesticides Advisory Committee in English and Comite consultatif sur les pesticides in French. Quorum (2) Six members of the Committee constitute a quorum. Functions (3) The Committee shall, (a) review annually the content and operation of this Act and the regulations and recommend changes or amendments therein to the Minister; (b) inquire into and consider any matter the Committee considers advisable concerning pesticides and the control of pests, and any matter concerning pesticides and the control of pests referred to it by the Minister, and report thereon to the Minister; (c) review publications of the Government of Ontario respecting pesticides and the control of pests, and report thereon to the Minister; and 78 1'1ENT#2__ TO REPORT# oes 4-5'-08 1 of 40 (d) perform such other functions as the regulations prescribe. R.S.O. 1990, c. P.lI, s. 10. Licences and permits: issue, renewal and revocation 11. (I) Subject to subsection (2), the Director shall issue or renew a licence under section 5 or 6, and subject to subsection (3), the Director shall issue a permit under section 7 to any person who applies for the licence or permit, as the case may be, in accordance with the regulations and who meets the requirements of this Act and the regulations for the particular class of licence or for the permit applied for and who pays the fee prescribed for the licence or permit. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) Is amended by the Statutes of Ontario, Zool, c:hapter 9, Sehedule G, subseetion 7 (1) by striking out "the fee presc:ribed" and substituting "the required fee". See: Zool, c. 9, Sc:hed. G, ss. 7 (1), 8 (6). Revoc:ation and refusal of licence (2) Subject to section 13, the Director may refuse to issue or renew a licence or may suspend or revoke a licence where, in the opinion of the Director, (a) the applicant or licensee is in contravention of this Act or the regulations; (b) the licensee is in breach of any term or condition of the licence; (c) the applicant or licensee or, where the applicant or licensee is a corporation, its officers or directors, is or are not competent to carry on the activity that would be or is authorized by the licence; (d) the past conduct of the applicant or licensee or, where the applicant or licensee is a corporation, of any of its officers or directors, affords reasonable grounds for belief that the activity that would be or is authorized by the licence will not be carried on with honesty and integrity; (e) the applicant or licensee does not possess or will not have available all premises, facilities and equipment necessary to carry on the activity authorized by the licence in accordance with this Act, the regulations and the licence; (f) the applicant or licensee is not in a position to observe or carry out the provisions of this Act, the regulations and the licence; (g) the licensee has been grossly negligent in carrying on the activity that is authorized by the licence; or (h) the licensee has fraudulently misrepresented their services in performing an extermination or in carrying on an extermination business. Revocation and refusal of permit (3) The Director may refuse to issue or may cancel a permit, may impose terms and conditions in issuing or after issuing a permit and may alter the terms and conditions of a permit that has been issued where the Director is of the opinion,upon reasonable and probable grounds, that, (a) the applicant or permittee is not competent to perform the extermination for which the permit is required; (b) the applicant or permittee does not possess or will not have available all facilities and equipment necessary to perform the extermination in accordance with this Act, the regulations and the permit; (c) there is or is likely to be danger to the health or safety of any person; (d) there is or is likely to be harm or material discomfort to any person; (e) there is or is likely to be impairment of the quality of the environment for any use that is being or is likely to be made of it; (f) . there is or is likely to be injury or damage to any property or to plant or animal life; (g) any property or plant or animal life is or is likely to be rendered directly or indirectly unfit for use by humans; (h) a different method of control or extermination will or will likely be substantially as effective as the proposed extermination for which a permit is required under section 7 and will or will likely cause less impairment of the environment, if any, for any use that is being or is likely to be made of it or less harm to or adverse effect, if any, on any plant or animal life, humans or property; or (i) the use of the pesticide will not be or will not likely be effective or necessary to carry out the extermination. R.S.O. 1990, c. P.lI, s. 11. Term of licence 12. A licence expires as prescribed by the regulations. R.S.O. 1990, c. P.II, s. 12. 4, "__,.~>"" <.,1 _~, t,' _oeS..L!5-D g 79 Review, refusal to issue licences, etc. 13. (I) Where the Director proposes, (a) to refuse to issue or renew a licence; (b) to suspend or revoke a licence; or (c) to make, amend or vary a control order, he or she shall serve notice of the proposal, together with written reasons therefor, on the applicant, licensee or person to whom the Director intends to direct the control order. R.S.O. 1990, c. P.lI, s. 13 (I). Notice (2) A notice under subsection (l) shall state that the applicant, licensee or person to whom the Director intends to direct the control order that is entitled to a hearing by the Tribunal if they mail or deliver to the Director and the Tribunal, within fifteen days after the notice under subsection (l) is served on them, notice in writing requiring a hearing. R.S.O. 1990, c. P.lI, s. 13 (2); 2000, c. 26, Sched. F, s. 14 (4). Powers of Director where no hearing (3) Where an applicant, licensee or person to whom the Director intends to direct the control order does not require a hearing by the Tribunal in accordance with subsection (2), the Director may carry out the proposal stated in the notice under subsection (I). R.S.O. 1990, c. P.lI, s. 13 (3); 2000, c. 26, Sched. F, s. 14 (4). Powers of Tribunal where hearing (4) Where an applicant, licensee or person to whom the Director intends to direct the control order requires a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time and place for and hold the hearing and may by order direct the Director to carry out the proposal or refrain from carrying out the proposal and to take such action as the Tribunal considers the Director ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Director. R.S.O. 1990, c. P.lI, s. 13 (4); 2000, c. 26, Sched. F, s. 14 (4). Extension of time for requiring hearing (5) The Tribunal may extend the time for the giving of notice requiring a hearing by an applicant, licensee or person to whom the Director intends to direct a control order referred to in subsection (1), either before or after the expiration of such time, where it is satisfied that there are reasonable grounds for applying for the extension and that there are apparent grounds for granting relief to the applicant, licensee or person to whom the Director intends to direct the control order referred to in subsection (l), and the Tribunal may give such directions as it considers proper consequent upon the extension. R.S.O. 1990, c. P.lI, s. 13 (5); 2000, c. 26, Sched. F, s. 14 (4). Continuation of licence pending renewal (6) Where, within the time prescribed therefor or, if no time is prescribed, before expiry of a licence, the licensee has applied for a renewal of the licence and paid the prescribed fee, the licence shall be deemed to continue, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by tbe Statutes of Ontario, 2001, cbapter 9, Schedule G, subsection 7 (2) by striking out "tbe prescribed fee" and substituting "the required fee". See: 2001, Co 9, Scbed. G, ss. 7 (2), 8 (6). (a) until the renewal is granted; or (b) where the licensee is served with notice that the Director proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing by the Tribunal has expired and, where a hearing is required, until the Tribunal has made its decision. R.S.O. 1990, c. P.lI, s. 13 (6); 2000, c. 26, Sched. F, s. 14 (4). Emergency notice (7) Despite subsection (6), where the Director is of the opinion that an emergency exists by reason of, (a) danger to the safety or health of any person; (b) impairment or immediate risk of impairment of the. environment for any use that is being or is likely to be made of it; (c) injury or damage or immediate risk of injury or damage to property, or to plant or animal life; (d) the rendering or immediate risk of rendering directly or indirectly of any property or plant or animal life unfit for use by humans; or (e) a failure by a licensee to have in force insurance against liability or to furnish or have in force a bond as required by section 9, r'1ENT#-3.._. TO REPORT#bES 4;-08 q of ~() 80 the Director, by a notice to a licensee or to a person to whom the Director intends to direct a control order, together with written reasons therefor, may refuse to renew, suspend or revoke a licence or make, amend or vary a control order and, even if the licensee or person to whom the control order is directed requires a hearing by the Tribunal, the licence shall not be deemed to continue or the suspension, revocation or the making, amendment or variation of the control order is effective upon the service of the notice, as the case requires. R.S.O. 1990, c. P.lI, s. 13 (7); 2000, c. 26, Sched. F, s. 14 (4). Where permit cancelled or terms or conditions imposed or altered (8) Where the Director refuses to issue or cancels a permit or imposes or alters a term or condition in a permit that has been issued, the Director shall forthwith thereafter serve or cause to be served notice of his or her decision, upon the applicant or permittee, together with written reasons therefor. R.S.O. 1990, c. P.lI, s. 13 (8). Reconsideration (9) Where the Director issues a permit subject to a term or condition, refuses to issue or cancels a permit or imposes or alters a term or condition in a permit that has been issued and the applicant or permittee makes submissions to the Director, the Director, within three days after receiving the submissions, shall reconsider and vary, rescind or confirm his or her decision and shall serve or cause to be served notice of such variance, rescission or confirmation upon the applicant or permittee together with written reasons therefor and where the Director varies or rescinds the decision, the Director shall take such action as may be necessary to make the variation or rescission effective. R.S.O. 1990, c. P.II, s. 13 (9). Notice (10) A permit issued by the Director subject to a term or condition and a notice under subsection (8) shall inform the applicant or permittee that they are entitled to make submissions to the Director, in person or by a person authorized under the Law Society Act to represent the applicant or permittee and by telephone or otherwise and that they are entitled to a hearing by the Tribunal if they mail or deliver to the Director and the Tribunal, within fifteen days after the notice under subsection (9) is served on them, notice in writing requiring a hearing and they may so make such submissions and so require such a hearing. R.S.O. 1990, c. P.lI, s. 13 (10); 2000, c. 26, Sched. F, s. 14 (4); 2006, c. 21, Sched. C, s. 129 (I). Effect of service of notice (I I) Despite the making of submissions by an applicant or a permittee under subsection (10), the issuance of a permit subject to a term or condition or the cancellation of a permit or the imposition or alteration of a term or condition in a permit that has been issued by the Director is effective upon the issuance of the permit or upon the service of the notice under subsection (8). R.S.O. 1990, c. P.lI, s. 13 (I I). Application ofsubss. (4), (5) (12) Subsections (4) and (5) apply with necessary modifications to a hearing by the Tribunal required under subsection (10). R.S.O. 1990, c. P.II, s. 13 (12); 2000, c. 26, Sched. F, s. 14 (4). Hearings 14. (I) The Director, the applicant, licensee, permittee or person to whom the Director intends to direct a control order who has required a hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under section 13. R.S.O. 1990, c. P.ll, s. 14 (I); 2000, c. 26, Sched. F, s. 14 (4). Notice of hearing . (2) The Tribunal shall afford to the applicant, licensee, permittee or person to whom the Director intends to direct a control order a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence or permit or to take such action as will preclude the necessity for making, amending or varying the control order. R.S.O. 1990, c. P.ll, s. 14 (2); 1994, c.27, s. 117; 2000, c.26, Sched. F, s. 14 (4); 2001, c. 9, Sched. G, s. 7 (3). Examination of documentary evidence (3) An applicant, licensee, permittee or person to whom the Director intends to direct a control order who is a party to proceedings under section 13 shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. P.ll, s. 14 (3). Members holding hearing not to have taken part in investigation, etc. (4) Members of the Tribunal holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject- matter of the hearing with any person or with any party or party's representative except upon notice to and opportunity for all parties to participate, but the Tribunal may seek legal advice from an adviser independent from the parties and in such case t'!IENT#__.3~, TO REPORT# oes lJ.~ .og -'.fL of l/.D 8 1 the nature of the advice shall be made known to the parties in order that they may make submissions as to the law. RS.O. 1990, c. P.ll, s. 14 (4); 2000, c. 26, Sched. F, s. 14 (4). (5) REPEALED: 1997, c. 37, s. 5 (2). Findings of fact (6) The findings of fact of the Tribunal following on a hearing shall be based exclusively on evidence admissible or matters that may be noticed under the Statutory Powers Procedure Act. 1998, c. 35, s. 78; 2000, c. 26, Sched. F, s. 14 (4). (7) REPEALED: 2000, c. 26, Sched. F, s. 14 (3). Release of documentary evidence (8) Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released to the person by the Tribunal within a reasonable time after the matter in issue has been finally determined. R.S.O. 1990, c. P.ll, s. 14 (8); 2000, c. 26, Sched. F, s. 14 (4). Appeals 15. (1) Any party to proceedings before the Tribunal may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. P.lI, s. 15 (1); 2000, c. 26, Sched. F, s. 14 (4). (2) REPEALED: 1997, c. 37, s. 5 (4). Minister entitled to be heard (3) The Minister is entitled to be heard by counselor otherwise upon the argument of an appeal under subsection (1). RS.O. 1990, c. P.lI, s. 15 (3). Appeal to Minister (4) Any party to a hearing before the Tribunal, within thirty days after receipt of the decision of the Tribunal or within thirty days after final disposition of an appeal, if any, under subsection (1), may appeal in writing to the Minister on any matter other than a question of law and the Minister shall confirm, alter or revoke the decision of the Tribunal as to the matter in appeal as he or she considers in the public interest. RS.O. 1990, c. P.lI, s. 15 (4); 2000, c. 26, Sched. F, s. 14 (4). Protection from personal liability 16. (1) No action or other proceeding for damages or otherwise shall be instituted against any of the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority: 1. A member of the Tribunal or the Committee. 2. An employee in the Ministry. 3. A provincial officer employed under Part III of the Public Service of Ontario Act, 2006. 4. A public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a Ilerson described in paragraph 1,2 or 3. 2006, c. 35, Sched. C, s. 109 (2). Exception (1.1) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a person described in subsection (1) in any Act or in a regulation made under this or any other Act. 2006, c. 35, Sched. C, s. 109 (2). Crown not relieved of liability (2) Subsection (I) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. P.lI, s. 16 (2). Provincial officers 17. (I) The Minister may designate in writing one or more public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or other persons as provincial officers for the purposes of this Act and the regulations. RS.O. 1990, c. P.II, s. 17 (1); 2006, c. 35, Sched. C, s. 109 (3). Provincial officers are peace officers (2) A provincial officer is a peace officer for the purpose of enforcing this Act. 1998, c. 35, s. 79. 82 1';EI\lTt.t._._.3.. TOREPORT# DE51.f.~-O~ --1J_ at I.J.O Investigation and prosecution (3) A pr~vincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act. 1998, c. 35, s. 79. Obstruction (4) No person shall hinder or obstruct any provincial officer or any employee in or agent of the Ministry in the performance of his or her duties under this Act. 1998, c. 35, s. 79; 2006, c. 35, Sched. C, s. 109 (4). False information (5) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data to any provincial officer, the Minister, the Ministry, any employee in or agent of the Ministry or any person involved in carrying out a program of the Ministry in respect of any matter related to this Act or the regulations. 1998, c. 35, s. 79; 2001, c. 9, Sched. G, s. 7 (4); 2006, c. 35, Sched. C, s. 109 (5). Same (6) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act. 1998, c. 35, s. 79. Refusal to furnish information (7) No person shall refuse to furnish any provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry with information required for the purposes of this Act and the regulations. 1998, c. 35, s. 79; 2006, c. 35, Sched. C, s. 109 (6). Calling for assistance of member of police force 18. Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, such provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required and it is the duty of every member of a police force to render such assistance. R.S.O. 1990, c. P.ll, s. 18. Inspection by provincial officer 19. (I) For the administration of this Act or the regulations, a provincial officer may, without a warrant or court order, at any reasonable time and with any reasonable assistance, make inspections, including, (a) entering any place in which the provincial officer reasonably believes a pesticide can be found; (b) entering any place in or from which the provincial officer reasonably believes a pesticide is being, has been or may be discharged into the environment; (c) entering any place that the provincial officer reasonably believes is likely to contain documents related to, (i) an activity or undertaking that is, or is required to be, the subject of a permit, licence or order under this Act, (ii) an activity or undertaking that is exempted by a regulation from any requirement to have a permit or licence under this Act and that is regulated by the provisions of the regulation, or (iii) the discharge of a pesticide into the environment; and (d) entering any place that the provincial officer reasonably believes, (i) is, or is required to be, subject to or referred to in a permit, licence or order under this Act, or (ii) is subject to or referred to in a regulation that provides for an exemption from any requirement to have a permit or licence under this Act, where the regulation includes provisions that regulate the place. Same (2) During an inspection under subsecti<?n (I), the provincial officer may, (a) make necessary excavations; (b) require that any thing be operated, used or set in motion under conditions specified by the provincial officer; (c) take samples for analysis; (d) conduct tests or take measurements; -0 ....oJJ..... c i ~~._l:/:a-o .Qg~Ll5-o~ 83 (e) examine, record or copy any document or data, in any form, by any method; (t) record the condition of a place or the natural environment by means of photograph, video recording or other visual recording; (g) require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purposes of the inspection; (h) remove from a place documents or data, in any form, produced under clause (g) for the purpose of making copies; and (i) make reasonable inquiries of any person, oraIly or in writing. Limitation re records (3) A record made under clause (2) (t) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy. Limitation re removal of documents, data (4) A provincial officer shaIl not remove documents or data under clause (2) (h) without giving a receipt for them and shaIl promptly return the documents or data to the person who produced them. Power to exclude persons (5) A provincial officer who exercises the power set out in clause (2) (i) may exclude from the questioning any person except counsel for the individual being questioned. 1998, c. 35, s. 80. Inspection of vehicles and vessels 19.1 (I) In this section, "vehicle" includes a trailer or other equipment attached to the vehicle. Requirement to stop (2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop. Same (3) On the provincial officer's signal to stop, the operator of the vehicle or vessel shaIl immediately come to a safe stop. Same (4) For the purposes of this section, a signal to stop includes, (a) intermittent flashes of red light, in the case ofa vehicle; (b) intermittent flashes of blue light, in the case of a vessel; and (c) a hand signal to stop by a provincial officer who is readily identifiable as a provincial officer. Sign to report (5) Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that faIls within the class of vehicles or vessels indicated shaIl report forthwith to the place the sign directs. Same (6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shaIl produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container. Inspection powers (7) Based on questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of a pesticide. Same (8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment. l"lENTit3_, TO REPORT# 01:5 f-l5-0~ 13 of l./-Q 84 Same (9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 19 (2) as are reasonably required for the administration of this Act or the regulations, Same (10) Subsections 19 (3), (4) and (5) apply to the exercise ofa power under subsection (9). 1998, c, 35, s. 80. Power to administer other Acts 19.2 A provincial officer who exercises any power set out in section 19, 19.1,22,23 or 23.1 may, if the provincial officer is designated as such under the Environmental Protection Act, the Nutrient Management Act, 2002 or the Ontario Water Resources Act, as the case may be, do anything authorized by, (a) section 156, 156.1, 160, 161 or 16L1 of the Environmental Protection Act; (b) section 13, 14 or 23 of the Nutrient Management Act, 2002; or (c) section 15, 15.1, 19, 20 or 20.1 ofthe Ontario Water Resources Act. 2002, c. 4, s. 66 (I). Entry to dwellings 19.3 A person shall not exercise a power conferred by this Act to enter a room actually used as a dwelling without the consent ofthe occupier except under the authority of an order under section 20. 1998, c. 35, s. 80. Identification 19.4 On request, a provincial officer who exercises a power under this Act shall identifY himself or herself as a provincial officer either by the production of a copy of his or her designation or in some other manner and shall explain the purpose of the exercise of the power. 1998, c. 35, s. 81. Entry, etc., may be prohibited 19.5 (I) A provincial officer may by order prohibit entry into all or part of any land or place or prohibit the use of, interference with, disruption of, or destruction of any thing in any of the folIowing circumstances: I. During an inspection under section 19, section 19.1 or 20. 2. During a search under section 23. 3. During the time required for the provincial officer to obtain an order under section 20 of this Act or a warrant under section 158 of the Provincial Offences Act. 4. During a search carried out under a warrant issued under section 158 of the Provincial Offences Act. Requirements for order (2) An order under subsection (1) shall not be issued unless the provincial officer reasonably believes that, (a) in the case of an order prohibiting entry, there is on the land or in the place a thing that will afford evidence of an offence under this Act; (b) in the case of an order prohibiting the use of, interference with, disruption of, or destruction of a thing, the thing will afford evidence of an offence under this Act; or (c) in the case of an order prohibiting entry or an order prohibiting the use of, interference with, disruption of, or destruction of a thing, there is a discharge or a likelihood of discharge of a pesticide or a substance or thing containing a pesticide into the environment, out of the normal course of events, from the land, place or thing, that has resulted or is likely to result in an effect referred to in any of clauses 29 (a) to (t). Notice of order (3) The provincial officer shall give notice of the order in the manner that he or she considers appropriate in the circumstances. Contents of notice (4) Notice of the order shall include an explanation of the rights provided by subsections (6) and (7). Order not effective where no notice (5) An order under subsection (1) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order. r"1ENT#-2..,."~ TOREPORT#OeS ~5-0~ "_-1~. of Lj.1J 85 Request for rescission (6) A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request. Powers of Director (7) The Director shall give prompt consideration to any request or submissions made under subsection (6) and may rescind the order. Same (8) For the purposes of subsection (7), the Director may substitute his or her own opinion for that of the provincial officer. Same (9) A Director who rescinds an order under subsection (7) shall give such directions to a provincial officer as the Director considers appropriate to bring the rescission to the attention of persons affected. No stay (10) A request for rescission of an order under subsection (I) does not stay the order, unless the Director orders otherwise in writing. Duration of order (II) An order under subsection (I) shall, (a) subject to clause (b), be effective for the shorter of the length of time necessary to complete the inspection or search referred to in that subsection or a period not exceeding two days excluding holidays; or (b) where the inspection or search referred to in subsection (I) is under an order under section 20 of this Act or under a warrant issued under section 158 of the Provincial Offences Act and a time limit for the inspection or search is specified in the order or warrant, be effective until the expiration of that time. 1998, c. 35, s. 8 I. Order of justice: prohibiting entry, or use, etc., of things 19.6 (1) Where a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing. Same (2) The prohibition under the justice's order shall, subject to subsection (3), be for such period of time as is set out in the order. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order or the day that is 30 days after the date on which the order is made. Renewal (4) An order under this section may be renewed for any reason set out in subsection (I), before or after expiry, for one or more periods each of which is not more than 30 days. Notice of application (5) An initial order under subsection (I) may be issued on application without notice. Same (6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as is specified for the purpose under subsection (7). Same (7) In an order under subsection (I) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be. Notice of order (8) A provincial officer may give notice of an order under subsection (I) or (4) in the manner that he or she considers appropriate in the circumstances. tf'_..._.a.. TO REPORT# oES l.J.5-o~ __L5..,", of _.JkL , " 86 Order not elTective where no notice (9) An order under subsection (1) or (4) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order. 1998, c. 35, s. 81. Securing of place 19.7 Where an order under section 19.5 or 19.6 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing. 1998, c. 35, s. 81. Order of justice: authorizing inspection 20. (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 19 (1) or (2) or section 19.1 if the justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground to believe that it is appropriate for the administration of this Act or the regulations for the provincial officer to do anything set out in subsection 19 (1) or (2) or section 19.1 and that the provincial officer may not be able to effectively carry out his or her duties without an order under this section because, (a) no occupier is present to grant access to a place that is locked or otherwise inaccessible; (b) a person has prevented the provincial officer from doing anything set out in subsection 19 (1) or (2) or section 19.1; (c) there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out in subsection 19 (1) or (2) or section 19.1; (d) it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the provincial officer to obtain an order under this section without delay if access is denied; or (e) there is reasonable ground to believe that an attempt by the provincial officer to do anything set out in subsection 19 (1) or (2) or section 19.1 without the order, (i) might not achieve its purpose, or (ii) might endanger human health or safety, property or the natural environment. Same (2) Subsections 19 (3), (4) and (5) apply to an inspection under an order under this section. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made. Renewal (4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days. When to be executed (5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes. Application without notice (6) An order under this section may be issued or renewed on application without notice. 1998, c. 35, s. 82. Samples and copies 21. A provincial officer may detain samples or copies obtained under section 19, 19.1 or 20 for any period and for any of the purposes of this Act and the regulations. 1998, c. 35, s. 83. Seizure during inspection 22. During an inspection under section 19, 19.1 or 20, a provincial officer may, without.a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, if, (a) the provincial officer reasonably believes that the thing will afford evidence of an offence under this Act; (b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence; or 3 ___.Lk cl __,!HL._ ," oes 4..b-Og .""r""".......,,,,""...,,,....,, '. 87 (c) the thing is discharging or is likely to discharge a pesticide, or a substance or thing containing a pesticide, into the environment out of the normal course of events and impairment of the environment has resulted or is likely to result. 1998, c. 35, s. 83. Searches relating to offences 23. (I) In this section, "offence" means an offence under section 4, 6 or 7. R.S.O. 1990, c. P.I I, s. 23 (I). Note:. On a day to be named by proclamation ofthe I,ieutenant Governor,subseetlon (1) Is amended by the Statutes of Ontario, 2008, chapter 11, section 3 by striking out "4, 6 or 7" and substituting "4, 6, 7 or 7.1". See: 2008, c. 11, II. 3, 6. Search by provincial officer re actual pollution (2) A provincial officer may, without a search warrant, search any place other than a room actually used as a dwelling if the provincial officer has reasonable ground to believe, (a) that an offence has been committed; (b) that there is in such place any thing that will afford evidence as to the commission of the offence; and (c) that there are exigent circumstances that make it impractical to obtain a search warrant. R.S.O. 1990, c. P.I I, s. 23 (2). Seizure during search (3) During a search under subsection (2), a provincial officer, without warrant or court order, may seize any thing if, (a) the provincial officer reasonably believes that the thing will afford evidence of an offence; or (b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence and that the seizure is necessary to prevent the continuation or repetition of the offence. 1998, c. 35, s.84. (4) REPEALED: 1998, c. 35, s. 84. Detention or removal 23.1 (I) A provincial officer who seizes any thing under section 22 or 23 may remove the thing or may detain it in the place where it is seized. Receipt (2) Where possible, the provincial officer shall inform the person from whom a thing is seized under section 22 or 23 as to the reason for the seizure and shall give the person a receipt for the thing seized. 1998, c. 35, s. 85. Report to justice re: seizure 24. (I) A provincial officer who seizes any thing during an inspection or search under section 22 or 23 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice. 1998, c. 35, s. 86. Seizure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection or search under section 22 or 23. R.S.O. 1990, c. P.II, s. 24 (2). Disposition of certain things 24.1 (1) Where the Director believes that, given the nature of a thing seized under section 22 or 23, the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing, to dispose of the thing in a manner satisfactory to the Director. Disposition of seized perishables (2) Where the person having custody of any thing seized under section 22 or 23 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing. Non-application of provision (3) Section 24 does not apply to a thing disposed of in accordance with this section. Forfeiture (4) A thing disposed of in accordance with this section is forfeited to the Crown. 1998, c. 35, s. 87. Notice of disposal 88 3 ~_,.J_2, ...40. , oes LIS-O~ 24.2 (I) Where a thing has been disposed of in accordance with section 24.1, the Director shall ensure that a provincial officer gives written notice of the seizure and disposal, within 15 days of the disposal, (a) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized; and (b) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner. 1998, c. 35, s. 87. Contents of notice (2) Notice under subsection (1) shall include, (a) a description of the thing seized sufficient to enable it to be identified; (b) the location at which the thing was seized; (c) the date of the seizure and disposal; (d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate; (e) a statement of the reason for the seizure and disposal; (t) a reference to the statutory provision authorizing the seizure and disposal; and (g) a reference to the statutory provision permitting the person to apply to the Superior Court of Justice for relief against the forfeiture. 1998, c. 35, s. 87; 2001, c. 9, Sched. G, s. 7 (17). Forfeiture may be ordered 24.3 (1) On the application of the Director, the Superior Court of Justice may order that a thing seized under section 22 or 23 or under a warrant issued under the Provincial Offences Act in connection with the commission or suspected commission of an offence under this Act be forfeited to the Crown. 1998, c. 35, s. 87; 2001, c. 9, Sched. G, s. 7 (17). Where no order to be made (2) No order shall be made under subsection (1) unless the court is satisfied that, (a) the seizure was lawful; and (b) no later than seven days before the hearing of the application, written notice has been.provided by a provincial officer, (i) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized, (ii) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner, (iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and (iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the,registered owner. 1998, c. 35, s. 87. Contents of notice (3) Notice under subsection (2) shall include, (a) a description of the thing seized sufficient to enable it to be identified; (b) the location at which the thing was seized; (c) the date of the seizure; (d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate; (e) a statement of the reason for the seizure; (t) a reference to the statutory provision authorizing the seizure; (g) a statement that an order for forfeiture of the thing is being sought under this section; and (h) a statement that the person to whom the notice is provided may make submissions to the Superior Court of Justice with respect to the issuance of an order under this section. 1998, c. 35, s. 87; 200 I, c. 9, Sched. G, s. 7 (17). '2 ., ,_'" r.'." '......".. " ^iX.... . '.. I 5~ 0 ~ ..".,"".."2_,,..~, F.r_P;,)i:o{ ~ ~f~Y=<=!&..t ~"."L'(_. 01 _!l!L,"" 89 Disposition of things forfeited (4) A thing forfeited under this section may be disposed of as the Director directs. 1998, c. 35, s. 87. Relief against forfeiture (5) A person who had an interest in a thing forfeited under section 24.1 or this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders: I. An order directing that the thing or any part of the thing be returned to the applicant. 2. An order directing that any interest in the thing be vested in the applicant. 3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture. 1998, c. 35, s. 87; 2001, c. 9, Sched. G, s. 7 (17). When relief not to be ordered (6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief, (a) has been served with a notice under section 41.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 41.1; or (b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed. 1998, c. 35, s. 87. Use offorce 25. (I) A provincial officer may use such force as is reasonably necessary, (a) to carry out an order issued under this Act, other than an order issued by a provincial officer; (b) to execute a warrant issued under the Provincial Offences Act; or (c) to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act. R.S.O. 1990, c. P.lI, s. 25; 1998, c. 35, s. 88 (I, 2). Same (2) For the purposes of clause (I) (a), an order issued by the Director that confirms or amends an order issued by a provincial officer is not an order issued by a provincial officer. 1998, c. 35, s. 88 (3). Order for use of monitoring device, etc. 25.1 (I) In this section, "device" means a substance or tracking device that, when placed or installed in or on any place, land or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of anything. Order may be issued (2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that an offence against this Act has been or will be committed and that information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing. Limitation (3) An order under this section shall not authorize the interception of any private communication. Same (4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section. Terms and conditions of order (5) An order issued under this section shall contain such terms and conditions as the justice considers advisable in the circumstances. j'j 3 "".-"-. ' ._"LQ_... of __.1ffl,__, If. O~S 4~" ()~ 90 Activities under order (6) An order issued under this section may authorize a provincial officer, (a) to place, install, maintain or remove a device in or on any land, place or thing; and (b) to monitor, or to have monitored, a device or information from a device placed or installed in or on any land, place or thing. Duration of order (7) An order issued under this section is valid for a: period of 60 days or for such shorter period as may be specified in the order. , Further orders (8) A justice may issue further orders under subsection (2). 1998, c. 35, s. 89. Permit or licence condition, permission to inspect 26. It is a condition of every permit or licence under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 19, 19.1 or 20 of this Act, section 156, 156.1 or 158 of the Environmental Protection Act, section 13, 14 or 16 of the Nutrient Management Act, 2002 or section 15, 15.1 or 17 of the Ontario Water Resources Act of any place, other than any room actually used as a dwelling, to which the permit or licence relates. 1998, c. 35, s. 90; 2002, c. 4, s. 66 (2). Order by provincial officer: contraventions 26.1 (I) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened, (a) a provision of this Act or the regulations; (b) a provision of an order under this Act; or (c) a term or condition of a licence or permit issued under this Act. Information to be included in order (2) The order shall, (a) specify the provision, term or condition that the provincial officer believes is being or has been contravened; (b) briefly describe the nature and, where applicable, the location of the contravention; and (c) state that a review of the order may be requested in accordance with section 26.3. What order may require (3) The order may require the person to whom it is directed to comply with any directions set out in the order within the time specified relating to, (a) achieving compliance with the provision, term or condition; (b) preventing the continuation or repetition ofthe contravention; (c) the securing, whether through locks, gates, fences, security guards or other means, of any land, place or thing; (d) where the contravention has any of the effects mentioned in subsection 28 (1), doing all or any of the things specified in subsection 28 (2); (e) the removal of a pesticide or a substance or thing contaminated by or containing a pesticide; (t) where the contravention has caused damage to or endangered or is likely to cause damage to or endanger existing water supplies, providing alternate water supplies; (g) submitting a plan for achieving compliance with the provision, term or condition, including the engagement of contractors or consultants satisfactory to a provincial officer; (h) submitting an application for a licence or permit; (i) monitoring and recording in relation to the environment and reporting on the monitoring and recording; and (j) posting notice of the order. 1998, c. 35, s. 91. i~) REPORT#=Q~~J}~-{li _ 2.0 of_tJ.O..... 91 Amendment or revocation of order under s. 26.1 26.2 (I) An order issued under section 26.1 may, by order, be amended or revoked by the provincial officer who issued it or by the Director. Same (2) A provincial officer or Director who amends or revokes an order shall give written notice of the amendment or revocation to the person to whom the order is directed. 1998, c. 35, s. 91. Review, order under 55. 26.1 or 26.2 26.3 (I) A person to whom an order under section 26.1 or 26.2 is directed may, within seven days after being served with a copy of the order, request that the Director review the order. 1998, c. 35, s. 91. Manner of making request (2) The request may be made orally, with written confirmation served on the Director within the time specified in subsection (I), or in writing. 1998, c. 35, s. 91. Contents of request for review (3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include, (a) the portions of the order in respect of which the review is requested; (b) any submissions that the applicant for the review wishes the Director to consider; and (c) for the purpose of subsection (7), an address for service by mail or by facsimile transmission or by such other means of service as the regulations may prescribe. 1998, c. 35, s. 91. No automatic stay (4) The request for review does not stay the order, unless the Director orders otherwise in writing. 1998, c. 35, s. 91. Decision of Director (5) A Director who receives a request for review may, (a) revoke the order of the provincial officer; or (b) by order directed to the person requesting the review, confirm or amend the order of the provincial officer. 1998, c. 35, s. 91. Same (6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer. 1998, c. 35, s. 91. Notice of decision (7) The Director shall serve the person requesting the review with a copy of,. (a) a decision to revoke the order of the provincial officer; or (b) an order to confirm or amend the order of the provincial officer, together with reasons. 1998, c. 35, s. 91. Automatic confirmation of order (8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review, the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the order in respect of which the review is sought shall be deemed to have been confirmed by order of the Director. 1998, c. 35, s. 91. Same (9) For the purpose of an appeal to the Tribunal, a confirming order deemed to have been made by the Director under subsection (8), (a) shall be deemed to be directed to each person to whom the order of the provincial officer was directed; and (b) shall be deemed to have been served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period referred to in subsection (8). 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Non-application of notice requirement under s. 13 1,,_3... TO REPORT# og~=yS- O~ _~_. of 'if) 92 26.4 Section 13 does not apply to orders under sections 26.1, 26.2 and 26.3. 1998, c. 35, s. 91. Appeal to Tribunal, order under s. 26.3 26.5 (1) Where the Director has made an order under section 26.3, any person to whom the order is directed may, by written notice served on the Director and the Tribunal within 15 days after service on the person of a copy of the order require a hearing by the Tribunal. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Extension oftime for requiring hearing (2) The Tribunal may extend the time for giving notice under subsection (1) where it is satisfied that there are reasonable grounds for the extension and that there are apparent grounds for granting relief. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Same (3) The Tribunal may give such directions as it considers proper consequent on the extension. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Effect of Director's order (4) Section 143 of the Environmental Protection Act applies with necessary modifications to orders made under section 26.3 of this Act. 1998, c. 35, s. 91. Examination of documentary evidence (5) The person requiring the hearing by the Tribunal shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Rules governing Tribunal hearings (6) Subsections 14 (4) to (8) apply to hearings under this section. 1998, c. 35, s. 91. Parties (7) The Director, the person requiring the hearing and any other person specified by the Tribunal are parties to the hearing. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Powers of Tribunal (8) The Tribunal may by order confirm, alter or revoke the order of the Director and for the purpose the Tribunal may substitute its own opinion for that of the Director. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Appeals from Tribunal hearings (9) Section 15 applies to decisions of the Tribunal under this section. 1998, c. 35, s. 91; 2000, c. 26, Sched. F, s. 14 (4). Stop order 27. (1) Where the Director or a provincial officer is of the opinion, upon reasonable and probable grounds, that an emergency exists by reason of, (a) danger to the health or safety of any person; (b) impairment or imm~diate risk of impairment of the quality of the environment for any use that is being or is likely to be made of it; (c) injury or damage or immediate risk of injury or damage to any property or to any plant or animal life; or (d) the rendering or the immediate risk of rendering directly or indirectly any property or plant or animallife unfit for use by humans, consequent upon the handling, storage, use, disposal, transportation or display of a pesticide or a substance or thing containing a pesticide, the Director or provincial officer, as the case may be, may make an oral or written stop order directed to the person responsible for the pesticide or the substance or thing containing the pesticide ordering such person to stop immediately the handling, storage, use, disposal, transportation or display of the pesticide or the substance or thing containing the pesticide either permanently or for a specific period of time. R.S.O. 1990, c. P.11, s. 27 (1). Immediate appeal (2) A person who is affected by a stop order made by a provincial officer under subsection (I) may appeal therefrom in person or by a person authorized under the Law Society Act to represent the person affected and by telephone or otherwise to 3 ,a~.. UJ..,.'fiL. oES L{.~o<i 93 the Director and the Director, after receiving the submissions of the person and of the provincial officer, shall vary, rescind or confirm the stop order of the provincial officer. RS.O. 1990, c. P.lI, s. 27 (2); 2006, c. 21, Sched. C, s. 129 (2). Written reasons for order (3) Where the Director makes a stop order or varies or confirms a stop order under subsection (2), the Director shall forthwith thereafter serve or cause to be served a written copy of the stop order or a written copy of the stop order as varied or confirmed, as the case requires, together with written reasons therefor, upon the person to whom the stop order or the stop order as varied or confirmed is directed. R.S.O. 1990, c. P.lI, s. 27 (3). Public notice (4) The Director shall give notice of the stop order or the varied or confirmed stop order, together with written reasons therefor, to the municipality in which the emergency exists and to the public in such manner as the Director considers appropriate. RS.O. 1990, c. P.lI, s. 27 (4). Notice (5) A stop order, or a stop order as varied or confirmed under subsection (3) shall state that the person to whom it is directed is entitled to a hearing by the Tribunal if the person mails or delivers to the Director and the Tribunal, within fifteen days after a copy of the stop order, or the stop order as varied or confirmed, under subsection (3), is served on the person, notice in writing requiring a hearing. RS.O. 1990, c. P.lI, s. 27 (5); 2000, c. 26, Sched. F, s. 14 (4). Effect of stop order (6) Even ifan appeal is taken against a stop order, the stop order is effective at and from the time it is communicated to the person to whom it is directed until confirmed, varied or rescinded on appeal and such person shall comply with the stop order immediately. RS.O. 1990, c. P.lI, s. 27 (6). Appeal to Tribunal (7) Where the Director has made a stop order or has varied or confirmed upon appeal to the Director a stop order made by a provincial officer, any person to whom the order is directed may, by written notice mailed to or served upon the Director and the Tribunal within fifteen days after service upon the person of a copy of the stop order or of the stop order as varied or confirmed, as the case requires, require a hearing by the Tribunal. RS.O. 1990, c. P.ll, s. 27 (7); 2000, c.26, Sched. F, s.14(4). Powers of Tribunal where hearing (8) Where a person to whom a stop order is directed requires a hearing by the Tribunal in accordance with subsection (7), the Tribunal shall appoint a time and place for and hold the hearing and the Tribunal may by order confirm, alter or rescind the order ofthe Director and for such purposes the Tribunal may substitute its opinion for that of the Director. RS.O. 1990, c. P.lI, s. 27 (8); 2000, c. 26, Sched. F, s. 14 (4). Parties (9) The Director, the person who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section. RS.O. 1990, c. P.lI, s. 27 (9); 2000, c. 26, Sched. F, s. 14 (4). Procedure (10) Subsection 13 (5), subsections 14 (2), (3), (4), (6) and (8) and section 15 apply with necessary modifications to proceedings under this section. R.S.O. 1990, c. P.ll, s. 27 (10); 2001, c. 9, Sched. G, s. 7 (5). Revocation of stop order (11) The Director, by an order, may rescind a stop order and in such case shall serve or cause to be served a copy of the rescinding order upon the person to whom the stop order was directed and shall give notice of the rescinding order to the municipality referred to in subsection (4) and to the public in such manner as the Director considers appropriate. R.S.O. 1990, c. P.II, s. 27 (11). Control order 28. (I) Where the handling, storage, use, disposal, transportation or display of a pesticide or a substance or thing containing a pesticide, (a) causes or is likely to cause' impairment of the quality of the environment for any use that is being or is likely to be made of it; (b) causes or is likely to cause injury or damage to property or to plant or animal life; I II I 94, 3 ~,3. -~,Y:CL, ,a.~.. LI6..og (c) causes or is likely to cause harm or material discomfort to any person; (d) adversely affects or is likely to affect adversely the health of any person; (e) impairs or is likely to impair the safety of any person; (f) renders or is likely to render directly or indirectly any property or plant or animal life unfit for use by humans, the Director, subject to section 13, may make a control order directed to the person responsible for the pesticide or the substance or thing containing the pesticide. Content of control order (2) The Director, in a control order, may order the person to whom the order is directed to, (a) limit or control the rate of discharge of a pesticide or a substance or thing containing a pesticide into the environment in accordance with the directions set out in the order; (b) stop the discharge of a pesticide or a substance or thing containing a pesticide into the environment, (i) permanently, (ii) for a specified period of time, or (iii) in the circumstances set out in the order; and (c) comply with any directions !let out in the order relating to the manner in which a pesticide or a substance or thing containing a pesticide or the container of either of them may be handled, stored, used, disposed of, transported or displayed. Amendment of control order (3) The Director, under any of the circumstances set out in subsection (1) and in accordance with subsection (2), by a further order, may amend or vary a control order and sections 13, 14 and 15 apply with necessary modifications. Revocation of control order (4) The Director, by an order, may rescind a control order and in such case shall serve or cause to be served a copy of the rescinding order upon the person to whom the control order was directed. R.S.O. 1990, c. P .11, s. 28. Discharge of pesticide, Director to be notified 29. Every person who discharges a pesticide or a substance or thing containing a pesticide in or into the environment out of the normal course of events that, (a) causes or is likely to cause impairment of the quality of the environment for any use that can be made of it; (b) causes or is likely to cause injury or damage to property or to plant or animal life; (c) causes or is likely to cause harm or material discomfort to any person; (d) adversely affects or is likely to adversely affect the health of any person; (e) impairs or is likely to impair the safety of any person; or (f) renders or is likely to render directly or indirectly any property or plant or animal life unfit for use by humans, shall forthwith notifY the Director. R.S.O. 1990, c. P.II, s. 29. Damage repair, cleaning and decontamination Minister may order repair of damage 30. (1) Where any person discharges or causes or permits the discharge of a pesticide or a substance or thing containing a pesticide that causes or is likely to cause injury or damage to or impairment of, (a) the quality ofthe environment for any use that is being or is likely to be made of it; (b) any property or water; (c) plant or animal life; or (d) a person, the Minister, where he or she is of the opinion that it is in the public interest to do so, may order the person responsible for the pesticide or the substance or thing containing the pesticide to do all things and take all steps within such time or times as <...~3. F([Pcn.T i oE.5Lt~~O ~ _~.~~_ oj __~O.._. 95 may be specified in the order for the purpose of preventing or repairing, as the case requires, such injury or damage or impairment or to restore such quality. Cleaning and decontamination (2) Every person responsible for a pesticide or a substance or thing containing a pesticide shaH take such measures and do such things within such time or times with respect to the cleaning and decontamination of the environment, or any plant or animal life, substance or thing that has come into. contact with a pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder as may be prescribed. Idem (3) No person shall use the environment or any plant or animal life, substance or thing that has come into contact with a pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder unless the cleaning and decontamination thereof has been completed in the prescribed manner or has been approved by the Director in writing. R.S.O. 1990, c. P.lI, s. 30. Orden, successon, etc., bound, records Successors and assigns 31. (1) An order of a court, the Minister, the Director or a provincial officer under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed. 2001, c. 17, s. 6 (3). Limitation (2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets. 2001, c. 17, s. 6 (3). Receivers and trustees (3) An order of a court, the Minister, the Director or a provincial officer under this Act that relates to property is binding on a receiver or trustee that holds or administers the property. 2001, c. 17, s. 6 (3). Limitation (4) If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee's obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee's reasonable costs of holding or administering the assets. 2001, c. 17, s. 6 (3). Exception (5) Subsection (3) does not apply to an order that relates to property held or administered by a receiver or trustee in bankruptcy if, (a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property; or (b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property. 2001, c. 17, s. 6 (3). Extension of period (6) The Director may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate. 2001, c. 17, s. 6 (3). Notice under subs. (5) (7) Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 19 (7) ofthe Environmental Protection Act. 2001, c. 17, s. 6 (3). Index record (8) The Ministry shall maintain an alphabetical index record of the names of all persons to whom orders are directed under this Act. 2001, c. 17, s. 6 (3). Expiry of order, etc. 3 . ..~s. .IfD ()8S Ll6-og 96 (9) When an order has expired or is rescinded or set aside, the Ministry shall note that fact in the index record. 2001, c. 17, s. 6 (3). Search of index record (10) The Ministry shall, on the request of any person, make a search of the index record and inform the person making the request as to whether or not the name of a particular person appears in the index record and shall permit inspection of any order relating to that person. 2001, c. 17, s. 6 (3). Definitions, ss. 31.1 to 31.6 31.1 In this section and in sections 31.2 to 31.6, "fiduciary" means an executor, administrator, administrator with the will annexed, trustee, guardian of property or attorney for property, but does not include a trustee in bankruptcy or trustee in bankruptcy representative; ("representant fiduciaire") "fiduciary property" means property held or administered by a fiduciary in the capacity of fiduciary, or property in respect of which a fiduciary has powers or duties in the capacity of fiduciary; ("bien fiduciaire") "fiduciary representative" means, with respe~t to a fiduciary, an officer, director, employee or agent of the fiduciary, or a lawyer, consultant or other advisor of the fiduciary who is acting on behalf of the fiduciary; ("representant. d'un representant fiduciaire") "municipality" includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganised township or unsurveyed territory; ("municipalite") "municipal representative" means, with respect to a municipality, an officer, employee or agent of the municipality, or a lawyer, consultant or other advisor of the municipality who is acting on behalf of the municipality; ("representant municipal") "non-municipal property" means, with respect to a municipality, property that is not owned, leased or occupied by the municipality; ("bien non municipal") "receiver representative" means, with respect to a receiver, an officer, director, employee or agent of the receiver, or a lawyer, consultant or other advisor of the receiver who is acting on behalf of the receiver; ("representant d'un sequestre") "secured creditor representative" means, with respect to a secured creditor, an officer, director, employee or agent of the secured creditor, or a lawyer, consultant or other advisor of the secured creditor who is acting on behalf of the secured creditor; ("representant d'un creancier garanti") "trustee in bankruptcy representative" means, with respect to a trustee in bankruptcy, an officer, director, employee or agent of the trustee in bankruptcy, or a lawyer, consultant or other advisor of the trustee in bankruptcy who is acting on behalf of the trustee in bankruptcy. ("representant d'un syndic de faillite") 2001, c. 17, s. 6 (3); 2002, c. 17, Sched. C, s. 22 (1). Interpretation, ss. 31.3 to 31.6 31.2 Sections 31.3 to 31.6 shall not be construed as affecting any cause of action that a person would have in the absence ofthose sections. 2001, c. 17, s. 6 (3). Actions taken by municipalities 31.3 (1) For the purposes of this Act, a municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone, (a) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display of a pesticide, substance or thing; or (b) the person having the charge, management or control ofa pesticide, substance or thing. 2001, c. 17, s. 6 (3). Actions (2) The actions referred to in subsection (I) are the following: I. Any action taken for the purpose of conducting, completing or confirming an investigation relating to non-municipal property. 2. Any action taken for the purpose of preserving or protecting non-municipal property, including action to, 1. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance, t"iENT#_3_ ~iD f Jln ____,."._0. ,_,_~~, ' oes 4S" oi 97 ii. secure the property by means of locks, gates, fences, security guards or other means, or iii. ensure that the property is insured under a contract of insurance. 3. Any action taken on non-municipal property for the purpose of responding to, i. any danger to the health or safety of any person that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property, ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property, or iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property . 4. Any action taken with respect to non-municipal property to exercise a right under any Act to collect rent or levy by distress in relation to an unpaid amount 5. Any action taken on non-municipal property under or for the purpose of Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006. 6. Any action taken on non-municipal property under or for the purpose of the Building Code Act, 1992, the Fire Protection and Prevention Act, 1997 or an Act prescribed by the regulations referred to in paragraph 6 of subsection 168.12 (2) of the Environmental Protection Act. 7. Any other action prescribed by the regulations referred to in paragraph 7 of subsection 168.12 (2) of the Environmental Protection Act. 2001, c. 17, s. 6 (3); 2002, c. 17, Sched. C, s. 22 (2); 2006, c. 32, Sched. C, s. 46. Actions taken by secured creditors 31.4 (1) For the purposes ofthis Act, a secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone, (a) the person having the charge, management or control of the handling, storage, use, disposal, transportation or display of a pesticide, substance or thing; or (b) the person having the charge, management or control ofa pesticide, substance or thing. 2001, c. 17, s. 6 (3). Actions (2) The actions referred to in subsection (1) are the following: 1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to the secur~d property . 2. Any action taken for the purpose of preserving or protecting the secured property, including action to, 1. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance, ii. secure the property by means of locks, gates, fences, security guards or other means, 111. ensure that the property is insured under a contract of insurance, or , IV. pay taxes due or collect rents owing with respect to the property. 3. Any action taken on the secured property for the purpose of responding to, i. any danger to the health or safety of any person that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property, ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property, or 111. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a pesticide, or any substance or thing containing a pesticide, on, in or under the property. ti ,...2 n ...,,,~2. Gl.tJ.D. ae5 1./-;- 08 98 4. Any other action prescribed by the regulations referred to In paragraph 4 of subsection 168.17 (2) of the Environmental Protection Act. 2001, c. 17, s. 6 (3). Receivers and trustees in bankruptcy 31.5 (1) A receiver or trustee in bankruptcy is not required to comply with any order under this Act that is issued by the Minister, the Director or a provincial officer if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and, (a) not later than 10 days after being served with the order, or within such longer period as may be specified by the Director in the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property to which the order relates; or (b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property. 2001, c. 17, s. 6 (3). Notice under subs. (1) (2) Notice under clause (1) (a) or (b) must be given in the manner prescribed by the regulations referred to in subsection 168.20 (8) of the Environmental Protection Act. 2001, c. 17, s. 6 (3). Obligations of fiduciaries 31.6 If the Minister, the Director or a provincial officer issues an order under any provision of this Act to a fiduciary or fiduciary representative with respect to fiduciary property, the obligation of the fiduciary or fiduciary representative to incur costs to comply with the order is limited to the value of the assets they hold or administer on the date they are served with the order, less their reasonable costs of holding or administering the assets, unless the order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative. 2001, c. 17, s. 6 (3). The Crown 32. This Act binds the Crown. R.S.O. 1990, c. P.II, s. 32. Licences or permits not transferable 33. A licence or a permit under this Act is not transferable. R.S.O. 1990, c. P.1I, s. 33. Exemption from regulations, applicants for licence 34. Where, in the opinion of the Director, it is in the public interest to do so, the Director may exempt an applicant for a licence issued by the Director under section 6 or the holder of such a licence from any provision of the regulations and issue a licence to the applicant or modifY the licence of the licensee, as the case may be, upon such terms and conditions, or alter or revoke the terms and conditions, as the Director considers necessary. R.S.O. 1990, c. P.II, s. 34. Note: On a day to be named by proclamation of the LIeutenant Governor, section 34.1s amended by the Statutes of Ontario, 2008, chapter 11, section 4 by adding the followIng subsection: Exception (2) Subsection (1) does not authorize the Director to exempt a person from a provision ofa regulation made with respect to section 7.1. 2008, c. 11, s. 4. See: 2008, c. 11, ss. 4, 6. Regulations 35. The Lieutenant Governor in Council may make regulations, I. prescribing classes of licences and the requirements for licences and renewals; 2. exempting any person or class of persons from this Act or the regulations or any provision thereof and prescribing terms and conditions attaching to any such exemption; 3. providing for the issue and renewal of licences and prescribing fees therefor; Note: On a day to be named by proclamation of the LIeutenant Governor, paragraph 3 Is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 7 (6) by striking out "and prescribing. fees therefor" at the end. See: 2001, c. 9, Schoo. G, IS. 7 (6). 8 (6). 4. prescribing expiry dates or the method of determining the expiry dates of licences or any class of licences; 5. providing for the issue of permits, prescribing fees therefor and the requirements therefor; 3 ..~$ ..4:0 . . o~ US-og 99 Note: On a day to be named by proclamation of the lieutenant Governor, paragraph S Is amended by tbe Statutes of Ontario, ZOOI, .chapter 9, Schedule G, subseetion 7 (7) by striking out "the Issue of permits, preserlblngfees therefor and" and substituting "the Issue of permits and". See: 2001, c. 9, Sched. G, ss. 7 (7), 8 (6). . 6. prescribing terms and conditions with respect to sales, offers to sen, transfers or premises in, on or from which sales, offers to sell or transfers of a pesticide are or will be made that shall attach to any class of licence; 7. providing for the examination of applicants for permits and licences and renewals of licences, and prescribing fees for such examinations; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 7 Is amended by the Statutes of Ontario, ZOOI, chapter 9, Schedule G, subsection 7 (8) by striking out "and prescribing fees for such examinations" at the end. See: 2001, e. 9, Sched. G, ss. 7 (8), 8 (6). 8. providing for the appointment of examiners for applicants for licences and permits, the period for which such appointments may be made and the remuneration of examiners; 9. requiring applicants for licences to undergo medical examinations; 10. prescribing the procedures, conditions and notices for exterminations and for the airing out of buildings, structures and vehicles; II. fixing the amount and type of insurance or bond that shall be carried or furnished by operators and prescribing the form, requirements and terms thereof; 12. prescribing pesticides, classes of pesticides and conditions of use for the purpose of section 7; 13. prescribing that a type or class of structural extermination may be deemed a land extermination and prescribing that a type or class of land extermination may be deemed a structural extermination for the purpose of this Act and the regulations; 14. permitting any class of operator or exterminator to perform or to undertake to perform any extermination for which the members of the class are not licensed and prescribing the conditions that shall attach to the permission; 15. exempting any machine, apparatus, equipment, or class thereof, from this Act or the regulations, or any provision thereof; 16. exempting any type or class of building, vehicle or structure from this Act or the regulations or any provision thereof; 17. excluding any land or water from the operation of this Act or the regulations or any provision thereof; 18. regulating or prohibiting the installation, operation, maintenance and use of any machine, apparatus or equipment used for extermination; 19. governing the signs, marking or other identification of vehicles or machines used in exterminations; 20. regulating the construction of any enclosed space or vault in which movable property may be placed during the periods of extermination and airing out; . 21. prescribing functions, practices and procedures, tenure of office and remuneration of the Committee; 22. prescribing forms and providing for their use for the purposes of this Act; 23. governing, regulating or prohibiting the use, handling, storage, display or disposal of pesticides; 24. prohibiting or regulating the sale, offering for sale or transfer of pesticides; 24.1 classifying pesticides or providing for the classification of pesticides by the Minister or a person designated by the Minister, or by another method of classification, and providing for a means of informing the public of the classifications; 25. prohibiting the holders of any class of licence from using any designated pesticide or class of pesticides; 26. regulating the type of containers and the labelling of containers for pesticides, other than the containers in which pesticides are sold or offered for sale; 27. regulating the disposal of containers of pesticides; 28. prescribing documents or data required to be created, stored and submitted by any person and the methods of creating, storing and submitting the documents and data; 28.1 prescribing the location at which documents or data must be created or stored; 28.2 providing for the inspection and examination of documents and data; '100 ,3 _.~q<^^ oj _~".., "Des. Ltb-- ()~ 28.3 providing for the preparation and signing of documents by electronic means, the filing of documents by direct electronic transmission and the printing of documents filed by direct electronic transmission; 29. exempting any plant or animal life, organism, substance or thing or any class of any of them or any quantity or concentration of any organism or substance from this Act or the regulations or any provision thereof; 30. respecting premises on, in or from which any pesticide or class of pesticide is sold, offered for sale or transferred; 31. regulating and controlling, for the purpose of preventing or reducing the contamination by pesticides of the environment, property, plant or animal life, or of any person, the transportation of any designated pesticide or class of pesticides by any vehicle operated on any highway or road or the transportation of any designated pesticide or class of pesticides together with any commodity or class of commodities by a vehicle operated on any highway or road; 32. prohibiting the transportation of any designated pesticide or class of pesticides together with any commodity or class of commodity by a vehicle operated on any highway or road; 33. prescribing the records to be kept by persons responsible for the transportation of any designated pesticide or class of pesticides by a vehicle operated on a highway or road; 34. requiring, regulating or prohibiting the removal or disposal of any substance or thing that has come into contact with any pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder; 35. requiring and prescribing measures to be taken and things to be done with respect to the cleaning and decontamination of the environment or any plant or animal life, < substance or thing that has come into contact with a pesticide by any means other than in accordance with this Act and the regulations or a licence, permit or order thereunder and the time or times within which such measures shall be taken and things done; 36. providing for the method of service of any document given, served or delivered under this Act; 37. deeming a person to be a person involved in carrying out a program of the Ministry for the purpose of subsection 17 (5). R.S.O. 1990, c. P.I I, s. 35; 1997, c. 37, s. 5 (5, 6); 1998, c. 35, s. 92; 2001, c. 9, Sched. G, s. 7 (9). Note: On a day to be named by proclamation of the Ueutenant Governor, section 35 Is amended by the Statutes of Ontario, 2008, chapter 11, subseetion 5 (1) by adding the following paragraphs: 38. prescribing pesticides for the purpose of subsection 7.1 (1) or (4); 39. defining golf courses for the purpose of paragraph 1 ofsubsection 7.1 (2); 40. defining agriculture for the purpose of paragraph 2 of subsection 7.1 (2); 41. defining forestry for the purpose of paragraph 3 of subsection 7.1 (2); 42. defining promotion of public health or safety for the purpose of paragraph 4 of subsection 7.1 (2); 43. prescribing uses for the purpose of paragraph 5 of subsection 7.1 (2); 44. prescribing conditions that must be met for paragraph 1 or 5 of subsection 7.1 (2) to apply; 45. prescribing requirements that must be complied with for the purpose of subsection 7.1 (3); 46. prescribing sales, offers to sell or transfers to which subsection 7.1 (4) does not apply; 47. providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in relation to section 7.1; 48. prescribing municipal by-laws to which subsection 7.1 (5) does not apply. See: 200s. c. 11, ss. 5 (1), 6. Note: On a day to be named by proclamation of the Lieutenant Gclvernor, seetion 35 is amended by the Statutes of Ontario, 2008, chapter 11, subseet10n 5 (2) by adding the following subsections: Pesticides prescribed for s. 7.1 (2) A regulation made under paragraph 38 of subsection (1) shall not prescribe a pesticide unless the pesticide rnay be used for a cosmetic purpose. 2008, c. II, s. 5 (2). Munle1pal by-laws to which s. 7.1 (5) does not apply (3) A regulation made under paragraph 48 of subsection (1) shall not prescribe a municipal by-law unless the passing of the by-law is required under an Act. 2008,c. II, s. 5 (2). 3 3Q, oes q.~w 0 g 4D 1 0 1 See: 2008, e. 11, ss. 5 (2), 6. Seope of regulations 36. (1) Any regulation may be general or particular in its application and may be limited as to time or place or both. Adoption of eodes in regulations (2) Any regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, formula, standard or procedure, and may require compliance with any code, formula, standard or procedure so adopted. R.S.O. 1990, c. P.ll, s. 36. Fees 37. The Minister may establish and require the payment of fees in respect of any matter under this Act, specity to whom the fees are paid, provide for the retention of all or part of the fees by the person to whom they are paid and provide for the refund offees. 2001, c. 9, Sched. G, s. 7 (10). Servic:e 38. (1) Any document given, served or delivered under this Act is sufficiently given, served or delivered if it is, (a) delivered personally; (b) sent by mail addressed to the person to whom it is required to be given, served or delivered at the latest address for the person appearing on the records of the Ministry; or (c) given or served in accordance with regulations respecting service. When servic:e deemed made (2) Where service is made by mail, the service shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control receive the document until a later date. 1998, c. 35, s. 93. Enforcement of performanee of things required to be done 39. Where the Minister or the Director has authority to order or require that any matter or thing be done, the Minister may order that, in default of its being done by the person ordered or required to do it, such matter or thing shall be done at the expense of such person, and the Minister may recover the cost of doing it, with costs, by action in a court of competent jurisdiction as a debt due to the Crown by such person. R.S.O. 1990, c. P.ll, s. 39. 40. REPEALED: 1998, c. 35, s. 94. Presiding judge 41. The Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act. R.S.O. 1990, c. P.11, s. 41; 2001, c. 9, Sched. G, s. 7 (11); 2006, c. 21, Sched. C, s. 129 (3). Note: On a day to be named by proc:lamation of the Lieutenant Governor, the Ad is amended by the Statutes of Ontario, 1998, ehapter 35, section 95 by adding the foDowlng seetion: . Diredor may Impose administrative penalties 41.1 (1) Where the Director is of the opinion that a person, (a) has contravened a provision of this Act or the regulations; (b) has failed to comply with an order under this Act; (c) has failed to comply with a term or condition of a licence or permit made or issued under this Act; or (d) who, being a director or officer of a corporation that engages in an activity that may cause an effect mentioned in subsection 49 (3) contrary to this Act or the regulations, has failed to take all reasonable care to prevent the corporation from causing or permitting such unlawful effect, the Director may, subject to the regulations under subsection (12), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day. or part of a day on which the contravention or failure occurred or continues. 1998, c. 35, s. 95. Note: On the day seetion 95 of the EnvlronmenUd Stldllte lAw Amendment Act, 1998 eomes Into foree, subsettion (1) Is amended by the Statutes of Ontario, 2000, ehapter 22, subsettion 3 (1) by adding "or" at the end of c:1ause (b), by striking out "or" at the end of c:lause (e) and by repeaDng c:1ause (d). See: 2000, c:. 22, ss. 3 (1), 4 (4). '1 l1 2 ?; .3.1.. Des 46..D~ ~.. .1:1.0 Limitation (2) The Director shall not issue a notice in respect of a contravention or failure later than two years after the later of, (a) the day the contravention or failure occurred; and (b) the day on which the evidence of the contravention or failure first came to the attention of the Director or a provincial officer. 1998, c. 35, s. 95, Amount of penalty, nmlted (3) An administrative penalty in respect of a contravention or failure shall not exceed $5,000 for each day or part of a day on which the contravent,ion or failure occurs or continues. 1998, c. 35, s. 95. Note: On the day seetion 95 of the Environmellllll StIIt"le Law Amendment Act, 1998 eomes Into foree, subseetlon (3) Is amended by the Statutes of Ontario, 2000, ehapter 12, subseetlon 3 (2) by striking out "$5,000" and substituting "$10,000". See: 2000, e. 22, ss. 3 (2),4(4). Contents of notlee (4) A notice ofan administrative penalty shall be served on the person who is required to pay the penalty and shall, (a) contain a description of the contravention or failure to which the notice relates, including, where appropriate, the date and location of the contravention or failure; (b) specify the amount of the penalty determined by the Director in accordance with the regulations under subsection (12); (c) give particulars respecting the time for paying the penalty and the manner of payment; and (d) provide information to the person as to the person's right to require a hearing of the matter by the Board. 1998, c. 35, s.95. Note: On the day seetlon 41.1 eomes into foree, elause (d) Is amended by the Statutes of Ontario, 2000, ehapter 26, Sehedule F, subseetion ]4 (4) by striking out "Board" and substituting "Tribunal". See: 2000, e. 26, Sehed. F, s. 14 (4). Hearing may be required (5) A person who is required by a notice to pay an administrative penalty may, within 15 days after service of the notice on the person, by a written notice served on the Director and the Board, require the Board to hold a hearing with respect to the matter to which the notice relates and, in such case, the requirement to pay is stayed until the disposition of the matter. 1998, c. 35, s. 95. Note: On the day seetion 41.] eomes Into foree, subseetlon (5) Is amended by the Statutes oC Ontario, 2000, ehapter 26, Sehedule F, subseetlon 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, e. 26, Sehed. F, s. ]4 (4). Board's powers on hearing (6) At a hearing by the Board of a matter to which a notice' of an administrative penalty relates, the Board shall determine whether in the circumstances, the notice should be confirmed, rescinded or amended. 1998, c. 35, s. 95. Note: On the day seetlon 41.1 eomes Into Coree, subseetlon (6) Is amended by the Statutes oC Ontario, 2000, ehapter 26, Sehedule F, subseetion 14 (4) by striking out "Board" and substituting "Tribunal". See: 2000, e. 26, Sehed. F, s.14 (4). Same (7) The Board shall not vary the amount of the penalty unless the Board considers the amount to be unreasonable. 1998, c. 35,s. 95. . Note: On the day seetlon 4].] eomes Into Coree, subseetion (7) Is amended by the Statutes oC Ontario, 2000, ehapter 26, Sehedule F, subseetlon ]4 (4) by striking out "Board" and substituting "Tribunal". See: 2000, e. 26, Sehed. F, s. ]4 (4). Same (8) For greater certainty, the regulations under subsection (12) apply to decisions of the Board under subsections (6) and (7). 1998, c. 35, s. 95. Note: On the day seetlon 41,] eomes Into Coree, subseetlon (8) is amended by the Statutes of Ontario, 2000, ehapter 26, Sehedule F, subseetlon ]4 (4) by striking out "Board" and substituting "Tribunal". See: 2000, e. 26, Sehed. F, s. ]4 (4). No offenee to be eharged if penalty Is paid (9) Where a person who is required by a notice by the Director or after a decision of the Board to pay an administrative penalty in respect of a contravention or failure pays the amount of the penalty in accordance with the notice or decision, the person shall not be charged with an offence in respect of the contravention or failure. 1998, c. 35, s. 95. Note: On the day seetlon 41.1 eomes into Coree, subseetlon (9) is amended by the Statutes oC Ontario, 2000, ehapter 26, Sehedule F, subSeetlon ]4 (4) by striking out "Board" and substituting "Tribunal". See: 2000, e. 26, Sehed. F, s..]4 (4). ___3 ._~.~. 0: ~bt~-, o eS 4-~ -o~ '103 FaDure to pay whea requlrecl (10) Where a person who is required to pay an administrative penalty in accordance with a notice by the Director fails to comply with the requirement and no hearing provided fo~ under this section is pending in the matter or, after such hearing, fails, to pay an administrative penalty in accordance with a decision of the Board, Note: Oa the day seetloa 41.1 comea lato rorce, .uhseetloa (10) Is ameaded by the Statutea orOatarlo, 2000, ehapter 26, Schedule F, sub.doa 14 (4) by Itrlldag out "Board" aad .ubitltutlng "Trlbuaal". See: 2000, c. 26, Scheel. F,.. 14 (4). (a) the notice or decision may be filed with a local registrar of the Ontario Court (General Division) and ,the notice or decision may be enforced as if it were an order of the court; Note: Oa the day Iectlon 95 or the ErwUolllrUnI4l SliIIllte Law A_~nt Act, 1998 coma .Iato rorce, c1aule (a) .. ameaded by the Statutea or Oatarlo, 2001, chapter 9, Schedule G, .ubsectloa 7 (12) by .trlking out "Oatarlo Court (Geaeral Division)" aad substltutlag "Superior Court or Justice". See: 2001, Co 9, Scheel. G, IS. 7 (12), 8 (7). (b) the Director may by order suspend any licence or permit that has been issued to the person under this Act until the administrative penalty is paid; and (c) the Director may refuse to issue any licence or permit to the person under this Act until the administrative pena1ty is paid. 1998, c. 35, s. 95. Same (11) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Ontario Court (General Division) under subsection (10) and, for the purpose, the date on which the notice or decision is filed shall be deemed to be the date of the order. 1998, c. 35, s. 95. Note: On the day Iectloa 95 or the EnvUolllrUnI4l SIiIIIIte Law AmendMent Act, 1998 comalato rorce, sublectloa (11) Is amended by the Statutea or Ontario, 2001, chapter 9, Schedule G, subsectloa 7 (13) by strlklag out "Ontario Court (Geaeral Division)" aad .ub.titutlng "Superior Court or Justice". See: 2001, c. 9, Sched. G, IS. 7 (13), 8 (7). Regulations (12) The Lieutenant Governor in Council may make regulations, (a) specifying the form and content of notices of administrative penalties; (b) specifying the types of contraventions or failures in respect of which a notice may not be issued under this section and the circumstances when the Director shall not issue a notice under this section; (c) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid; (d) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section. 1998, c. 35, s. 95. Geaenl or particular (13) A regulation under subsection (l2)may be general or particular in its application. 1998, c. 35, s. 95. Application (14) This section does not apply to contraventions or failures that occurred before this section came into force. 1998, c. 35, s. 95. See: 1998, c. 35, ss. 95, 104 (2). Offences Contravention or Act or regulations 42. (I) Every person who contravenes this Act or a regulation is guilty of an offence. R.S.O. 1990, c. P.II, s. 42 (1). Offence, orders (2) Every person who fails to comply with an order under this Act is guilty of an offence. R.S.O. 1990, c. P.II, s. 42 (2). Offence, licence or permit (3) Every person who fails to comply with a term or condition of a licence or permit made or issued under this Act is guilty of an offence. R.S.O. 1990, c. P.II, s. 42 (3). Offence re rees :+,..2., R'::+()frrj;~-:> ~s~o~ _32.. cl ._~~J~L_. '104 (4) Every person who fails to pay a fee that the person is required to pay under section 37 is guilty of an offence. 2001, c. 9, Sched. G, s. 7 (14). Penalties, general Individuals 43. (1) Every individual convicted of an offence under this Act is liable, (a) on a first conviction, for each day or part ofa day on which the offence occurs or continues, to a fine of not more than $20,000; and (b) on each subsequent conviction, (i) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000, (ii) to imprisonment for a term of not more than one year, or (iii) to both such fine and imprisonment. Corporations (2) Every corporation convicted of an offence under this Act is liable, (a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000; and (b) on each subsequent conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $200,000. 1998, c. 35, s. 96. Penalty re monetary benefit 44. The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided. R.S.O. 1990, c. P.II, s. 44. Penalties, more serious offences Application of subss. (2) and (3) 45. (1) Subsections (2) and (3) apply to the following offences: 1. An offence under subsection 42 (1) or 49 (2) that posed, poses or may pose a risk of an effect mentioned in subsection 49 (3). 2. An offence under subsection 42 (2), other than an offence offailing to comply with an order under section 27. 3. An offence of contravening section 17. 4. An offence under subsection 42 (3). 1998, c. 35, s. 97 (1); 2000, c. 22, s. 3 (3). Corporations, subs. (1) (2) Every corporation convicted of an offence described in subsection (I) is liable, in substitution for any penalty provided in section 43, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $250,000 on a first conviction and not more than $500,000 on each subsequent conviction. 1998, c. 35, s. 97 (I). Individuals, subs. (1) (3) Every individual convicted of an offence described in subsection (1) is liable, in substitution for any penalty provided in section 43, (a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000 on a first conviction and not more than $100,000 on each subsequent conviction; (b) to imprisonment for a term of not more than one year; or (c) to both such fine and imprisonment. 1998, c. 35, s. 97 (1). Application of subss. (3.1) and (3.2) (3.0.1) Subsections (3.1) and (3.2) apply to the following offences: 1. An offence under this Act that causes an effect mentioned in subsection 49 (3). ,~3 .. ~''" ot~,~b,,,~, ,.,..'......... Aj;:;<:,. lIL~~) !"lLr'{Ji\ ~ fT~~,,~_,~'"'fJ 00 '105 2. An offence off ailing to comply with an order under section 27. 2000, c. 22, s. 3 (4). Corporations, subs. (3.0.1) (3.1) Every corporation convicted of an offence described in subsection (3.0.1) is liable, in substitution for any penalty elsewhere provided, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $6,000,000 on a first conviction and not more than $10,000,000 on each subsequent conviction. 1998, c. 35, s. 97 (I); 2000, c. 22, s. 3 (5). Individuals, subs. (3.0.1) (3.2) Every individual convicted of an offence described in subsection (3.0.1) is liable, in substitution for any penalty elsewhere provided, (a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $4,000,000 on a first conviction and Bot more than $6,000,000 on each subsequent conviction; (b) to imprisonment for a term of not more than five years less one day; or (c) to both such fine and imprisonment. 1998, c. 35, s. 97 (1); 2000, c. 22, s. 3 (6). Subsequent conviction (4) For the purposes of determining the penalty to which a person is liable under section 43 or under this section, a conviction of the person for an offence under this Act is a subsequent conviction if the person has previously been convicted of an offence under, (a) this Act; (b) the Environmental Protection Act, other than for an offence related to Part IX of that Act; (b. 1 ) the Nutrient Management Act, 2002; or (c) the Ontario Water Resources Act. 1998, c. 35, s. 97 (2); 2002, c. 4, s. 66 (3). Order to prevent damage, etc. 46. (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may order the person, (a) to take such action as the court directs, including but not limited to providing an alternate water supply, within the time specified in the order to prevent, eliminate or ameliorate damage that results from or is in any way connected to the commission of the offence; and (b) to comply with any order that the Director has issued to the person in relation to damage that results from or is in any way connected to the commission ofthe offence. 1998, c. 35, s. 98 (1). Other conditions (2) An order under subsection (1) may contain such other conditions relating to the circumstances of the offence and of the person that contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to rehabilitation. R.S.O. 1990, c. P.II, s. 46 (2); 2006, c. 19, Sched. K, s. 4. Variation of order (3) The court that made an order under subsection (1) may make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances, (a) on its own initiative at any time; or (b) on application by counsel for the prosecutor, by the person convicted or by the person authorized under the Law Society Act to represent the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing. 2006, c. 21, Sched. C, s. 129 (4). Conflict (4) Nothing in subsection (I) authorizes the making of an order that conflicts with an order previously made under this Act by the Minister or the Director, but an order may be made under subsection (I) supplementing the provisions of an order in respect of the prevention, decrease or elimination of harm to the environment and the restoration of the environment. R.S.O. 1990, c. P.1I, s. 46 (4). (5) REPEALED: 1998, c. 35, s. 98 (2). :, :U:::. ""' I I." ..<U,'~~_. "",if "<<>",.-_~>Ll,",,," t/'. "Df.S Lt-5- oi 1 06 Continuation in force (6) Where a person bound by an order under subsection (1) is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order. R.S.O. 1990, c. P.ll, s. 46 (6). Restitution orders 46.1 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may make an order for restitution against the person convicted of the offence, requiring the person to pay another person for reasonable expenses actually incurred by the other person on account of damage to property in which the other person has an interest that results from or is in any way connected to the commission of the offence, in such amount and on such terms and conditions as the court considers just. 1998, c. 35, s. 99. Expenses incurred, interpretation (2) For the purposes of subsection (1), expenses are incurred on account of damage to property if they are incurred, (a) to prevent, eliminate or ameliorate the damage; (b) to replace the property that suffered the damage; or (c) to restore the property to the state that it was in before the damage. 1998, c. 35, s. 99. Same (3) For greater certainty, for the purposes of clause (2) (a), expenses incurred to provide an alternate water supply may be expenses incurred to prevent, eliminate or ameliorate damage. 1998, c. 35, s. 99. Amount of order (4) The amount of the order for restitution shall not exceed the replacement value of the property as of the date the order is issued. 1998, c. 35, s. 99. No restitution to person who committed offence (5) The court shall not make an order for restitution in favour of any person on account of damage that is the result of, (a) the commission of an offence by the person; or (b) a contravention or failure in respect of which a notice under section 41.1 has been served on the person requiring the person to pay an administrative penalty, unless the requirement to pay the administrative penalty has been rescinded. 1998, c. 35, s. 99. Notification of order (6) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid. 1998, c. 35, s. 99. Filing of order in court (7) An order for restitution may be filed with a local registrar of the Superior Court of Justice and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid. 1998, c. 35, s. 99; 2001, c. 9, Sched. G, s. 7 (17). Enforcement of order (8) An order for restitution filed under subsection (7) may be enforced as if it were an order of the court. 1998, c. 35, s.99. Same (9) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (7) and, for the purpose, the date of filing shall be deemed to be the date of the order. 1998, c. 35, s. 99. Civil remedy (10) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission. 1998, c. 35, s. 99. Forfeiture on conviction 46.2 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may, if conviction is in rel~tion to an offence in connection with ",3 .<',.,..,.--.. "4- .___3~.,oi_.'1.Cl oes U,5.o<6 '107 which a thing has been seized under section 22 or 23 or under a warrant issued under the Provincial Offences Act, order that the thing be forfeited to the Crown. 1998, c. 35, s. 99. Same (2) The court shall not make an order under subsection (I) unless the court is satisfied that, (a) the seizure of the thing was lawful; and (b) no later than seven days before the hearing of the request, written notice was provided by a provincial officer, (i) to every person whom the provincial officer knows or has reason to believe is an owner ofthe thing seized, (ii) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner, (iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and (iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner. 1998, c. 35, s. 99. Contents of notice (3) Notice under subsection (2) shall include, (a) a description of the thing seized sufficient to enable it to be identified; (b) the location at which the thing was seized; (c) the date of the seizure; (d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate; (e) a statement of the reason for the seizure; (t) a reference to the statutory provision authorizing the seizure; (g) a statement that an order for forfeiture of the thing is being sought under this section; and (h) a statement that the person to whom the notice is provided may make submissions to the court with respect to the issuance of an order under this section. 1998, c. 35, s. 99. Disposition of things forfeited (4) A thing forfeited under this section may be disposed of as the Director directs. 1998, c. 35, s. 99. Relief against forfeiture (5) A person who had an interest in a thing forfeited under this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders: I. An order directing that the thing or any part of the thing be returned to the applicant. 2. An order directing that any interest in the thing be vested in the applicant. 3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture. 1998, c. 35, s. 99; 2001, c. 9, Sched. G, s. 7 (17). When relief not to be ordered (6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief, (a) has been served with a notice under section 41.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 41.1; or (b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed. 1998, c. 35, s. 99. Where line not paid 'I 08 3 __..___.~2 "J:tJL. DES ~~-D~ 46.3 (I) Where a person is convicted of an offence under this Act and a fine is imposed, (a) a thing seized in connection with the offence and not forfeited to the Crown under section 24.1, 24.3 or 46.2 shall not be returned until the fine has been paid; and (b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown. Application of subss. 46.2 (2) to (6) (2) Subsections 46.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b). 1998, c. 35, s.99. Costs of seizure, etc. 46.4 If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of the expenses incurred by the Ministry with respect to the seizure, storage or disposition of any thing seized in connection with the offence. 1998, c. 35, s. 99. Suspension for default in payment of fine 47. (1) Where a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act or the regulations made under any of them, on the application of the Director, an order may be made under subsection 69 (2) of the Provincial Offences Act directing that, (a) one or more of the person's licences be suspended; and (b) no licence be issued to the person, until the fine is paid. R.S.O. 1990, c. P.1I, s. 47 (1); 2002, c. 4, s. 66 (4). Duty of Director (2) The Director shall, (a) on being informed of an outstanding order referred to in subsection (1), suspend the person's licence, if it is not already suspended under another order referred to in subsection (I); and (b) on being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the licence are paid, reinstate the licence, unless the Director has been informed that, Note: On a day to be named by proelamatiouof the Ullutenant Governor, clause (b) .Is amendlld by the Statutes of Ontario, 2001, chapter 9, Schlldule G,subsection 7 (15) bystrlldng out "any applicable prescrlblldadmlnlstratlve fee" and.substltntlng "any appUcable adminlstratlve fee". See: 2001, Co 9, Schild. G, ss. 7 (15), 8 (6). (i) there is another outstanding order referred to in subsection (I) directing that the licence be suspended, or (ii) the licence is suspended under any other order or under another statute. R.S.O. 1990, c. P.II, s. 47 (2). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose ofthis section. R.S.O. 1990, c.P,II, s. 47 (3). Definition (4) In this section, "licence" means a licence or permit under this Act or the regulations. R.S.O. 1990, c. P.II, s. 47 (4). Limitation 48. A proceeding for an offence against this Act or the regulations shall not be commenced after two years after the date on which the offence was, or is alleged to have been, committed. R.S.O. 1990, c. P.1I, s. 48. Duty of director or officer of corporation 49. (1) Every director or officer of a corporation that engages in an activity that may cause an effect mentioned in subsection (3) contrary to this Act or the regulations has a duty to take all reasonable care to prevent the corporation from causing or permitting such unlawful effect. Offence h,_~3 _..3~.- ..~O 6es tlS-~ 109 (2) Every person who has a duty under subsection (1) and who fails to carry out that duty is guilty of an offence. Effects (3) The effect referred to in subsection (1) is anyone or more of, (a) impairment of the quality of the environment for any use that can be made of it; (b) injury or damage to property or plant or animal life; (c) harm or material discomfort to any person; (d) an adverse effect on the health of any person; (e) impairment of the safety of any person; or (f) directly or indirectly rendering any property or plant or animal life unfit for human use, from a pesticide or any substance or thing containing a pesticide to a greater degree than would necessarily res\llt from the proper use or storage of the pesticide. Liability to conviction (4) A director or officer of a corporation is liable to conviction under this section whether or not the corporation has been prosecuted or convicted. R.S.O. 1990, c. P.II, s. 49. Service of offence notice, etc., offences re: vehicles 50. (1) In this section, "commercial motor vehicle" and "motor vehicle" have the same meanings as in the Highway Traffic Act; ("vehicule utilitaire", "vehicule automobile") "offence notice or summons" means, (a) an offence notice or summons under Part I of the Provincial Offences Act, or (b) a summons under Part III of the Provincial Offences Act. ("avis d'infraction ou assignation") R.S.O. 1990, c. P.II, s. 50 (1); 1998, c. 35, s. 100 (1). Service of offence notice or summons (2) Delivery of an offence notice or summons to the operator of a commercial motor vehicle in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons. R.S.O. 1990, c. P.lI, s. 50 (2). Employer (3) Delivery of an offence notice or summons to the operator of a motor vehicle in respect of an offence under this Act related to the use of the vehicle in the course of the operator's employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle. R.S.O. 1990, c. P.II, s. 50 (3). (4) REPEALED: 1998, c. 35, s. 100 (2). Exception (5) Subsection (2) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee ofthe vehicle. RS.O. 1990, c. P.II, s. 50 (5). Permit holder deemed owner (6) For the purposes of this section, the holder ofa permit under Part II of the Highway Traffic Act shall be deemed to be the owner of the vehicle referred to in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle at the time the offence was committed. R.S.O. 1990, c. P.lI, s. 50 (6). Application ofsubs. (6) (7) Subsection (6) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit. R.S.O. 1990, c. P.lI, s. 50 (7). Service of offence notice, etc., corporations, etc. Service on municipal corporations 3 ._,_.~.~,. .!to oE) ~5'" oi '1 1 0 50.1 (I) Service of an offence notice or summons on a municipal corporation may be effected by delivering it personally to the mayor, warden, reeve or other chief officer of the municipal corporation or to the clerk of the municipal corporation. Service on other corporations (2) Service of an offence notice or summons on a corporation other than a municipal corporation may be effected by delivering it personally to the manager, secretary or other officer of the corporation or to a person apparently in charge of a branch office of the corporation. Service on partnership (3) Service of an offence notice or summons on a partnership may be effected by delivering it personally to a partner or to a person apparently in charge of an office of the partnership. Service on a sole proprietorship (4) Service of an offence notice or summons on a sole proprietorship may be effected by delivering it personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship. Substituted service (5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (I) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention ofthe municipal corporation, other corporation, partnership or sole proprietorship. 1998, c. 35, s. 101. Official documents, evidence 51. (I) In this section, "official document" means, (a) an approval, certificate, consent, licence, notice, permit, order or return under this Act or the regulations, (b) a certificate as to service of a document mentioned in clause (a), (c) a certificate or report as to the analysis, description, ingredients, quality, quantity or temperature of any solid, liquid or gas or any combination of any of them, (d) a certificate or report as to the analysis, description, quality or quantity of any odour, heat, sound, vibration, radiation or any combination of any of them, (e) a certificate or report as to the custody of any solid, liquid or gas or any combination of any of them, (t) a certificate as to the custody of any book, record or report or as to the custody of any other document, or (g) a certificate as to whether or not any document or notification was received or issued by the Minister or the Ministry under this Act or the regulations. Same (2) An official document, oth~r than an official document mentioned in clause (I) (c) or (d), that purports to be signed by the Minister or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document. Idem (3) An official document mentioned in clause (I) (c), (d) or (e) that purports to be signed by an analyst shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document. R.S.O. 1990, c. P.lI, s.51. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act Is amended by the Statutes of Ontario, 1998, chapter 35, section 102 by adding the following section: Electronic signature 51.1 (I) Despite any requirem~nt und~r this Act, for the purposes of anything don~ under this Act, a document may be prepared. and signed by electronic means in an electronic format and may be filed by direct electronic transmission, if the preparation, signature and filing are in accordance with the regulations. 1998, c. 35, s. 102. Deemed filing 3 tJ.Q oElS Lis-oi l?O '1 1 1 (2) A printed copy of a document filed under subsection (1) shall be de~ed to have been filed as the original document if it is printed in accordan.ce with the regulations. 1998, c. 35, s. 102. See: 1998, c. 35, ss.102, 104 (2). Proceedings to prohibit continuation or repetition of contravention 52. (1) Where any provision of this Act or the regulations or any direction, order, licence or permit made, served, delivered or issued by the Minister or the Director under this Act is contravened, despite any other remedy or any penalty . imposed, the Minister may apply to a judge of the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the Superior Court of Justice. R.S.O. 1990, c. P.1I, s. 52 (1); 2001, c. 9, Sched. G, s. 7 (17). Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1). R.S.O. 1990, c. P .11, s. 52 (2). Power to restrain by order upon conviction (3) Upon its own initiative or upon application by counsel for the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other remedy and to any other penalty imposed by law, may make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted. R.S.O. 1990, c. P.1I, s. 52 (3). - Administrative changes to control orders and permits 52.1 The Director may rescind or amend a control order, cancel a permit or alter a term or condition in a permit if the Director is satisfied that the rescission, amendment, cancellation or alteration is in the public interest and is desirable for administrative reasons to, (a) reflect changes that have occurred with respect to the identity or description of any person or place; or (b) eliminate provisions that are spent or obsolete. 2001, c. 9, Sched. G, s. 7 (16). Conflict with other legislation 53. Where a conflict appears between this Act or the regulations and any other Act or regulation in a matter related to pesticides and the control of pests, this Act or the regulations shall prevail. R.S.O. 1990, c. P.II, s. 53. Fran~ais Back to top ClUJ o~ '11 2 ATTAChMENl'1+_,,1 REPORT# nEe.. L/.5 ~()g I oj 2.. Pickering Civic Complex One The Esplanade Pickering, Ontario Canada LlV 6K7 Direct Access 905.420.4660 cityofpickering.com OPERATIONS & EMERGENCY SERVICES DEPARTMENT Municipal Property & Engineering Division Division 905.420.4630 Facsimile 905.420.4650 prop&eng@city.pickering.on.ca December 8, 2008 Robert Bilyea Senior Policy Advisor Ministry of the Environment Integrated Environmental Planning Division Strategic Policy Branch 135 St. Clair Avenue West, Floor 11 Toronto Ontario M4V 1 P5 Subject: Comments on EBR Registry Number 010-5080 - File: 0-9000 This letter serves to provide comments regarding the Cosmetic Pesticides Ban _ Proposed New Regulation (EBR Registry Number 010-5080). The following comments are based on results of the public consultation process the City of Pickering undertook earlier this year to develop a draft Pesticide Use By-law. · We support the change to include Specialty Turf (lawn bowling, cricket, lawn tennis and croquet) as detailed in Section 27 of the draft Ontario Regulation under the Pesticide Act. We request consideration be give to amend the draft Ontario Regulation under the Pesticides Act for the following: · To allow municipalities to spot spray on warning tracks and on municipally managed sports fields if a 30 percent threshold of non-qualified turf is identified. This exemption should be in addition to the Sports Field exemption outlined in Section 25 of the draft Ontario Regulation under the Pesticide Act. The rational for this request is simply that failing to remove weeds from warning tracks and sports turf poses a safety concern. Spot applications may be necessary to reduce the risk factor and liability for athletes. It is worth commenting that if the weed population in a sports field exceeds 30 percent and continues upwards to 50 percent, for safety reasons, a complete rehabilitation of ATTACHMENT#_t_. TO REPORT# O€5> 4S:0~ ~6i 2- Comments on EBR Registry NUrrlb~r 0-5080 December 8,20081 1 3 Page 2 all the turf on that field will be required. This will have significant cost implications as well as impact sport teams' ability to use the fields. · To allow an exemption for municipalities to treat hard surfaces. The rational for this request is financial; occasionally our municipality needs to use spot treatments on hard surfaces were vegetation has penetrated. The City has a very large area of hard surfaces to maintain and does not have the resources at this time to be able to treat the weeds using alternative methods. · To apply an exemption for situations where there is a presence of insects in large numbers or conditions that involves an immediate or potential risk of substantial loss or damage to property. Lastly, education and enforcement is an essential component to the successful implementation of a Cosmetic Pesticide Ban. The City of Pickering requests that the Province elaborate on the enforcement component, by conveying to municipalities how the draft Regulation, if approved, will be enforced and within what timeframe. Yours truly Everett Buntsma Director, Operations & Emergency Services fCW Copy: Mayor and Members of Council Chief Administrative Officer City Clerk Division Head, Municipal Property & Engineering Stormwater & Environmental Engineer Superintendent, Municipal Operations ,,,.. Citq 01 REPORT TO EXECUTIVE COMMITTEE Report Number: CS 53-08 Date: December 8, 2008 I ,. From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Updated Sign By-law Recommendation: 1. That Report CS 53-08 of the Director, Corporate Services & Treasurer be received; 2. That staff be directed to solicit input from industry stakeholders and the public regarding the draft sign by-law included as Attachment 1 to this report; 3. That staff report back to Council, upon the completion of the consultation process and recommend a final sign by-law to Council; and 4. That the appropriate staff of the City of Pickering be given the authority to give effect thereto. Executive Summary: As part of the review of all municipal regulatory by-laws and, in an effort to resolve issues not clearly addressed in the existing sign by-law a new sign by-law has been created. The proposed sign by-law, (a) establishes new sign regulations, (b) addresses provisions that are currently silent or not clearly addressed in the existing sign by-law, (c) reflects current legislation and enforcement practices, (d) establishes a more timely and efficient administrative process for the application and processing of permanent and temporary signs, (e) implements a process for variance requests, and (f) clearly defines fees, enforcement processes, remedial actions and cost recovery terms. An extensive consultation process has taken place with Municipal Law Enforcement Services, Planning & Development and the City Solicitor to ensure a comprehensive review of the by-law was done. Key changes are listed further in this report. Report CS 53-08 December 8, 2008 Subject: Updated Sign By-law Page. 2 1 1 5 Staff are seeking approval to move forward with a public consultation process, to solicit comments from industry stakeholders, commercial property owners, and the general public. Financial Implications: The proposed sign by-law increases fees for ground signs and development signs. New fees are proposed for new types of regulated signs and the variance process offered by the by-law. All other application fees remain consistent with the existing by-law. No significant change is expected in revenue from sign permits and licenses. Sustainability Implications: The proposed by-law significantly restricts portable signs and the permitted amount of temporary election signage. This may reduce the consumption of resources for this purpose. Restrictions in these types of signs may be recognized by the community as a positive and environmentally sensitive City initiative, and assist in promoting a more sustainable culture. Background: The existing sign by-law, which was enacted in 1987, is based on a common Planning framework, that being, if the use is not listed, it is not permitted. From an enforcement perspective, this makes resolving sign issues extremely difficult as there is no clear contravention of a by-law provision. When staff began a coordinated review of the by-law, the goal was to create a by-law that provided clear regulations, prohibitions, application processes and enforcement provisions. The proposed sign by-law, · Distinguishes between permanent and temporary signs and which department administers each process. Municipal Law Enforcement Services will continue to process all licences for temporary sign uses, while the permit application process for all permanent signs, including wall signs, development signs and ground signs will now be administered by Planning & Development staff. As these types of signs require structural review and already require Planning & Development approval, it will make the processing of permit applications more efficient for the City and the applicants; · Sets out clear application requirements for both licences and permits; · Includes tables outlining specific height, area, number and setback provisions for each type of sign, based on zoning; CORP0227-07/01 revised Report CS 53-08 December 8,2008 i I' Subject: Updated Sign By-law '11 6 Page 3 · Sets out specific provisions relating to development signs including location, number and size; · Limits sign licences to one 30 day licence per business in a calendar year; · Lists signs exempt from permits and licences and under what conditions; · Lists prohibited signs; · Identifies election sign restrictions. The Region has recently initiated consultation with local municipalities in an effort to harmonize standards relating to the control of election signs. Accordingly, the election sign provisions in the draft by-law will be revisited once the consultation process is complete; · Establishes a restricted area for new billboards and a licence fee requirement for both new and existing billboards; · Establishes a special sign district; · Establishes a variance process administered by the Director of Planning & Development; and · Sets out clear enforcement processes, including orders to comply, remedial action, and cost recovery. The proposed public consultation process will solicit comments by mail from industry stakeholders, commercial property owners, and persons who have previously expressed an interest. In addition, the draft by-law will be made available on the City's website, and advertising will be placed on the City's Community Page Ad directing interested community members to review the draft by-law on-line or contact City Hall to request a copy. Upon the conclusion of the community consultation, comments received will be summarized and reviewed with staff responses and recommendations provided. A follow up Report to Council will include this information, as well as a final draft of the proposed sign by-law for Council's review and approval. A sign by-law provides essential tools to control the number and placement of signs within the City to limit adverse effects on the community. Sign issues can be contentious, and there are significant expectations from the public on the City's ability to resolve issues relating to signage. A new sign by-law will provide clear regulations governing sign installations throughout the City. CORP0227-07/01 revised Report CS 53-08 December 8, 2008 Subject: Updated Sign By-law Page 4 '1 1 7 Attachments: 1. Draft Sign By-law Prepared By: Approved/Endorsed By: ~:-CPSO'GMMI Manager, By-law Enforcement Services I).b\~ l'Q~l~C'o..I Debi Wilcox, CMO, CMMIII City Clerk ~::;;.-';~~ -- Gillis Paterson, Director, Corporate Services & Treasurer -, Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ",I CORP0227-07/01 revised '1 1 8 IATTACfMNT" mREPmT,cs f3-ctfJRAfT THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /08 A by-law to regulate signs in the City of Pickering. WHEREAS pursuant to paragraph 7 of subsection 11 (3) of the Municipal Act, 2001 a lower-tier municipality may pass by-laws respecting signs; AND WHEREAS signs are necessary to advertise or identify services, businesses, locations and provide other information; AND WHEREAS, if not effectively regulated, signs may create a nuisance, affect public safety and detract from the character of the community. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Pickering enacts as follows: PART I -INTERPRETATION Objectives 1. This by-law shall be applied and interpreted in a manner consistent with the following objectives: · Reasonable means should be available to the public to erect signs on property in order to identify facilities, businesses and services located thereon. · Signs should not create any distraction or safety hazard for pedestrians or motorists, or create any other danger to the public. · Signs should not create any adverse impacts on adjacent public or private property. · Signs should not detrimentally alter the physical appearance and architecture of any building. · Signs should not create unnecessary visual clutter due to their size, number or location. · Temporary signs should be strictly limited in order to limit the visual impact on the built environment and the consumption of resources. Sign By-law No. XXXX/08 Page 2 Definitions 2. In this by-law, 'I 1 9 "area", as it relates to a sign, means the area of the sign facing in one direction; "applicant" means an owner, or any person authorized by an owner, who applies for a permit, licence or variance; "banner" means a temporary sign of lightweight fabric, plastic or similar material; "boulevard" means all parts of a highway except the roadway, shoulder and sidewalk; "Chief Building Official" means the City's Chief Building Official or a designate; "City" means The Corporation of The City of Pickering or the geographical area of Pickering, as the context requires; "City Clerk" means the Clerk of the City or a designate; "erect" includes display, attach, affix, post, alter, construct, place, locate, install, relocate and maintain, and cause or permit to be displayed, attached, affixed, posted, altered, constructed, placed, located, installed, relocated and maintained; "first storey" has the same meaning as in the building code; "height", as it relates to a sign, means the vertical distance from the ground to the highest point of the sign; "heritage conservation district" means a heritage conservation district designated under the Ontario Heritage Act; "heritage property" means property that has been designated under the Ontario Heritage Act to be of cultural heritage value or interest or a property on the City's registry of properties that the City believes to be of cultural heritage value or interest; "highway" has the same meaning as in subsection 1 (1) of the Highway Traffic Act and includes unopened and unassumed road allowances; "inflatable sign" means a temporary sign filled by air or other gas that is either designed to be airborne or tethered to the ground, a vehicle, a roof or any other structure and includes balloons; "licence" means a sign licence required by this by-law; S~n By-law No. XXXX/08 '1 0 "low density residential zoning" means zoning for a single detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse, mobile home, or any other residential facility housing 6 or fewer residents; Page 3 "official sign" means any sign erected by, or under the direction of, a government agency and includes signs designating hospitals, schools, libraries, community centres, arenas or other public government uses and signs required under the Planning Act by the municipality to inform the public of proposed changes on the property; "owner" means the person identified in the most recent tax roll as the owner of a property or a lessee, tenant, mortgagee in possession or any other person who has care and control of a property; "permit" means a sign permit required by this by-law; "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; "portable sign" means any temporary sign readily moveable from place to place including signs commonly referred to as a-frame, t-frame, sandwich boards, signs fixed to a trailer and any type of device used for advertising purposes; "private property" does not include the side of a fence located on a property boundary which faces public property; "property" means a parcel of land, with or without a building or structure, that is a legal lot of record; "Region" means The Regional Municipality of Durham; "setback" means the distance between a property line and the closest portion of a sign; "sign" means any device, notice or visual medium including its structure and other component parts that is used, or is capable of being used, to attract attention to a specific subject matter for identification or advertising purposes; "Special Sign District" means a Special Sign District identified in Schedule "B"; "variance" means a variance required by this by-law; and "zone" means a land use zone prescribed in the City's zoning by-laws. Sign By-law No. XXXX/08 Page 4 ') 21 References to Legislation 3. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 6. Schedule "A" (Fees), Schedules "B 1" through "B9" (Special Sign Districts), and Schedule "C" (Billboard District) are attached to and form part of this by-law. 7. Unless otherwise specified, references in this by-law to Parts, sections and Schedules are to Parts, sections and Schedules in this by-law. Conflicts 8. If a provIsion of this by-law conflicts with a provIsion of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. 9. Where an industrial building contains commercial uses that are permitted in an industrial category of the City's zoning by-laws, the sign requirements for a commercial zone shall apply. Measurements 10. All dimensions in this by-law are in mWimetres (mm), centimetres (em), metres (m), hectares (ha) or square metr~s (m2) and all plans, specifications, documents and other information submitted with any application under this by-law shall use such dimensions. Seve ra bility 11. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Sign By-law No. XXXX/08 "'122 Page 5 > PART" - PERMITS Definitions 12. In this Part, "development sign" means a temporary sign that advertises a proposed development, but does not include a construction site information sign (section 52), a development sales office sign (section 54), or a development sales sign (section 55); "frontage" means the length of the property line of anyone lot parallel to and along each legally accessible public highway; "ground sign" means a sign located on a structural base in or on the ground, but not part of a building, and includes a pylon sign; "high density residential zoning" means zoning for a residential building other than.low density residential zoning; and "wall sign" means a sign attached to a building wall and includes a canopy sign and a sign that projects from a wall. Required Permits 13. No person shall erect any ground sign, wall sign or development sign without a permit. Permit Applications 14. A permit application shall be made by the owner of the property on which the sign is to be erected or an authorized representative of the owner. 15. The Chief Building Official shall be responsible for administration of all permits. 16. All permit applications shall be filed with the Chief Building Official using the City's prescribed form. 17. Every permit application shall, (a) identify and describe in detail the proposed sign and all other signs existing on the property at the time of the application; (b) describe the property on which the proposed sign is to be erected by legal description and municipal address or by other equivalent description that will readily identify the property; Sign By-law No. XXXX/08 Page 61 :2 3 (c) state the name, address, telephone numbers and facsimile numbers of the applicant and any persons designing or erecting the sign; (d) be accompanied by plans, specifications, documents and other information describing the construction, dimensions, materials and specific location of the proposed sign in sufficient detail to permit the Chief Building Official to determine whether the sign will comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (e) be accompanied by the applicable fee set out in Schedule "A"; (f) include, where the applicant is not the owner of the property, an authorization for making the application from the owner; and (g) be signed by the applicant who shall certify the accuracy and truth of the contents of the application. 18. If required by the Chief Building Official, all plans and specifications covering the erection of a sign and supporting framework that are submitted as part of a p~rmit application shall be certified by a Professional Engineer as to the structural adequacy of the sign. Special Sign Districts 19. In addition to the requirements of sections 17 and 18, every permit application for a sign in a Special Sign District shall be accompanied by scale drawings clearly showing, (a) the proposed sign materials, letter fonts and colours; (b) the proposed means of any sign illumination; and (c) in the case of a wall sign, an accurate building elevation drawing showing the size of the sign and a cross-section of the sign showing the proposed method of affixing the sign to the building. Heritage Properties 20. (1) A permit for a sign in a heritage conservation district shall not be issued unless the sign conforms to the applicable heritage conservation district guidelines adopted by the City. (2) A permit for a sign on heritage property shall not be issued unless the applicant has met all additional requirements under the Ontario' Heritage Ac( '1 fWn By-law No. XXXX/08 Ground Signs Page 7 21. (1 ) Ground signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback Low Density Residential Prohibited Prohibited Prohibited Prohibited Open Space System - Natural Areas High Density Residential 2m 4 m2 1 3m Institutional Commercial or industrial (less than 4m 10 m2 1 per street 3m 30 m frontaQe) frontage Commercial or industrial (30 m 6m 18 m2 1 per street 3m frontage or more) frontage All Other Zones 3m 6 m2 1 per street 3m frontage (2) Notwithstanding subsection (1), no ground sign exceeding 1.5 m2 in area or 1.5 m in height shall be erected in a Special Sign District. (3) Every ground sign shall contain the municipal address number in numerals that are a minimum height of 15 em. (4) Every ground sign shall be located on the property to which the sign relates. (5) Subject to subsection (6), a maximum of 1 ground sign shall be permitted for each street frontage on anyone property. (6) A second ground sign shall be permitted on a property in a commercial or industrial zone where the property fronts onto 1 street only, the street frontage is not less than 200 m, and the ground signs are not located within 100 m of each other. Sign By-law No. XXXX/08 Page ~ 2 5 Wall Signs 22. (1) Wall signs shall comply with the following restrictions: Zone Max Area Max Number High Density Residential 4 m2 2 Institutional All Other Zones 15% of building face area 1 per owner/tenant per frontage (2) Notwithstanding subsection (1), no wall sign exceeding 1.5 m2 in area shall be erected in a Special Sign District. (3) Except as permitted by section 51 (address signs) and section 65 (home based business signs), no wall sign shall be erected in a low density residential zone. (4) A wall sign shall be located on the building face used to calculate the maximum sign area. (5) In a commercial or industrial building containing multiple tenancies, the applicable building face area for a wall sign respecting an individual tenancy shall be measured only to the limits of the tenancy demising walls adjacent to the wall on which the sign is located. (6) No wall sign shall be erected on a high density residential building other than a sign displaying the building identification, corporate logo or similar content. (7) No wall sign shall be erected on any building that contains more than 1 storey above grade other than the first storey, the second storey, and highest story of such building. (8) No wall sign shall be erected on the second storey other than a projecting sign where the sign face is perpendicular to the building face. (9) A wall sign erected on the highest storey of a building that is more than 2 storeys above grade shall only contain the buildin~ identification, corporate logo or similar content and shall not exceed 6 m in area. (10) A maximum of 1 wall sign may be erected on each wall face of the highest storey of a building that is more than 2 storeys above grade. '1 26 Sign By-law No. XXXX/08 Page 9 Development Signs 23. (1) (2) (3) (4 ) No more than 3 development signs shall be erected in relation to any single development project. A development sign shall be removed no later than 30 days after the completion of sales related to the development, or 24 months after it is erected, whichever occurs earlier. (5) Permit Issuance 24. The Chief Building Official may approve or refuse any permit application, and may impose any conditions upon an approval as he or she determines to be appropriate. 25. The Chief Building Official shall refuse to issue a permit if the proposed sign does not comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law. Revocation of Permit 26. The Chief Building Official may revoke a permit under any of the following circumstances: (a) the permit has been issued in error; (b) the sign for which the permit was issued is erected in contravention of any provision in Part V, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (c) the permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the business or other subject matter to which the sign relates ceases to exist; Sign By-law No. XXXX/08 (e) the permit holder requests that the permit be revoked; or (f) 6 months have elapsed following the date of permit issuance and the sign authorized by the permit has not been erected. Page 10 . ' 1 27 PART 111- LICENCES Required Licences 27. No person shall erect any portable sign, banner, inflatable sign, sidewalk sign or billboard without a licence. Licence Applications 28. A licence application shall be made by an owner of the property on which the sign is to be erected or an authorized representative of the owner. 29. The City Clerk shall be responsible for administration of all licences. 30. All licence applications shall be filed with the City Clerk using the City's prescribed form. 31. A separate licence application is required for every sign. 32. Every licence application shall be accompanied by details of the size and location of the proposed sign and the applicable fee set out in Schedule "A". 33. Where a licence application is for a portable sign for an individual business in a building containing multiple tenants, the application must include written permission from the owner or the owner's authorized representative consenting to the placement of the portable sign. General Licence Requirements 34. All licences shall expire on the date indicated on the licence. 35. A maximum of 1 licence may be issued concerning any individual business or service in any calendar year. 36. A maximum of 1 licence may be issued for a single property at anyone time, irrespective of the number of business tenancies located on the property. 37. No licence shall be issued on any heritage property. 1 28 Sign By-law No. XXXX/08 Page 11 Portable Signs 38. (1) Portable signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback Residential Prohibited Prohibited Prohibited Prohibited Open Space System - Natural Areas Other Zones 2m 4 m2 1 3m (2) Every portable sign shall be located on the property to which the sign relates. . (3) I n the case of corner lots, no portable sign shall be located less than 15 m from the inside curb at the point of intersection of the 2 streets. (4) Portable signs may be illuminated but shall not incorporate any moving parts, flashing lights or fluorescent materials. (5) Lettering used on a portable sign shall not be greater than 0.2 m in height. (6) No portable sign shall be capable of being connected to a power supply without written Electrical Safety Authority approval. (7) A licence for a portable sign shall be valid for a period of not more than 30 days, after which the sign shall be immediately removed. Banner and Inflatable Sign Restrictions 39. (1) Banners and inflatable signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback i Residential Prohibited Prohibited Prohibited Prohibited Open Space System - Natural Areas All Other Zones 6.0 m 10 m2 1 3m (2) Every banner or inflatable sign shall be located on the property to which the sign relates. Sign By-law No. XXXX/08 Page 12 '1 2 9 (3) A banner or inflatable sign shall be securely affixed to the exterior wall or roof of a building, or to the ground. (4) A licence for a banner or inflatable sign shall be valid for a period of not more than 14 days, after which the sign shall be immediately removed. Sidewalk Signs 40. (1) In this section, "sidewalk sign" means a freestanding temporary sign not affixed to the ground advertising a business and installed immediately in front of the business on private property or on the sidewalk. (2) Sidewalk signs shall not exceed a height of 1.0 m or a width of 0.6 m. (3) Sidewalk signs shall not be permitted in any location other than within a Special Sign District. (4) A sidewalk sign shall be installed immediately in front of the business to which it pertains, and shall only be erected during the hours of operation of the business. (5) A sidewalk sign may be located on a public sidewalk provided a minimum of 1.5 m of unobstructed sidewalk space is maintained. (6) A maximum of 1 licence for a sidewalk sign may be issued to an owner. (7) A licence for a sidewalk sign shall be valid for a period of 1 year. Billboards 41. (1) In this section, "billboard" means a sign that is fastened, posted, painted or projected in such a manner as to permit its periodic replacement and that advertises goods, products or services that are not available at the location of the sign or that directs a person to a location different from where the sign is located. (2) No billboard shall exceed an area of 20 m2. (3) No billboard shall exceed a height of 10m. (4) No billboard shall be erected on a roof. (5) No billboard shall be located within 250 m of any other billboard. (6) Billboards shall not be permitted in any location other than within the Billboard District shown in Schedule "C". '130 Sign By-law No. XXXX/08 Page 13 (7) Notwithstanding subsection (6), any billboard lawfully erected prior to the passing of this by-law shall be permitted provided the billboard has continuously remained in its location, has not been substantially altered, and the owner of the billboard has obtained a licence. (8) No licence shall be issued for a new billboard unless a permit has been issued for such billboard. (9) A licence for a billboard shall be valid for a period of 1 year. Licence Issuance 42. The City Clerk may approve or refuse any licence application, and may impose any conditions upon an approval as he or she determines to be appropriate. 43. The City Clerk shall refuse to issue a licence if the proposed sign does not comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law. Revocation of Licence 44. The City Clerk may revoke a licence under any of the following circumstances: . (a) the licence has been issued in error; (b) the sign for which the licence was issued is erected in contravention of any provision in Part V, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (c) the licence has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the business or other subject matter to which the sign relates ceases to exist; or (e) the licence holder requests that the licence be revoked. PART IV - SIGNS EXEMPT FROM PERMITS AND LICENCES Permitted Signs 45. Signs described in this Part shall be permitted without a permit or licence provided all rel;itrictions in this by-law applicable to the signs have been complied with. Sign By-law No. XXXX/08 Page 14 '1 3 1 Community Event Signs 46. (1 ) In this section, "community event sign" means a temporary sign that advertises a public event organized for a non-profit, civic, cultural, religious or recreational purpose. (2) No person shall erect a community event sign closer than 100 m to another community event sign advertising the same community event. (3) No person shall erect a community event sign more than 14 days prior to the event. (4) No person shall permit a community event sign to remain erected after the day of the event. Filming Location Signs 47. (1) No person shall erect a filming location sign unless the person has received a filming permit from the City. (2) No person shall erect a filming location sign that is more than 1.0 m2 in area. (3) No person shall erect a filming location sign other than at a location that is approved in a filming permit. (4) No person shall erect a filming location sign at any location other than entirely on private property or on a boulevard. (5) No person shall erect a filming location sign other than while the film is in production. Garage Sale Signs 48. (1) (2) No person shall erect a garage sale sign that is /Tiore than 1.0 m2 in area. No person shall erect a garage sale sign at any location other.than entirely on private property or on a boulevard. (3) No person shall erect a garage sale sign more than 3 days prior to the day of the sale. (4) No person shall permit a garage sale sign to remain erected after the day of the sale. 1 32 Sign By-law No. XXXX/08 Page 15 Open House Signs 49. (1) No person shall erect a sign that advertises the location of an open house that is more than 1.0 m2 in area. (2) No person shall erect an open house sign at any location other than entirely on private property or on a boulevard. (3) No person shall erect a sign that advertises the location of an open house at a time other than while the house is open for public inspection. Real Estate Signs 50. (1) In this section, "real estate sign" means a temporary non-illuminated sign erected to advertise that land, a building or portion of a building is offered for sale or rent. Address Signs 51. (1) (2) (3) (4) (5) (2) No person shall erect a real estate sign that is more than 1.0 m2 in area. (3) No person shall erect a real estate sign at any location other than entirely on private property. (4) No person shall erect more than 1 real estate sign on any single property. (5) Notwithstanding subsection (4), 2 real estate signs may be erected on separate street frontages if the property is at least 0.5 ha in size. In this section, "address sign" means a sign that depicts the personal or building identification and street address of the property on which the sign is located. No person shall erect an address sign in a low density residential zone that is more than 0.2 m2 in area. No person shall erect an address sign in any area that is zoned for uses other than low density residential that is more than 0.4 m2 in area. No person shall erect an address sign at any location other than entirely on private property. No person shall erect an address sign that contains promotional or advertising content. Sign By-law No. XXXX/08 Page 16 '1 3 3 Construction Site Information Signs 52. (1) No person shall erect a construction site information sign unless the person has either entered into a site plan agreement with the City or the City has issued a building permit or a topsoil and fill permit for the construction. (2) No person shall erect a construction site information sign except on a temporary fence or other physical barrier around a construction site. (3) No person shall erect a construction site information sign more than 30 days prior to construction commencing. (4) No person shall permit a construction site information sign to remain erected 30 days after the construction has been completed or discontinued. Model Home Signs 53. (1) (2) No person shall erect a model home sign that is more than 2.0 m2 in area. No person shall erect a model home sign at any location other than entirely on private property. (3) No person shall erect a model home sign at any time other than while the model home is open for public inspection and sales purposes. Development Sales Office Signs 54. (1) In this section, "development sales office sign" means a sign erected on a temporary sales office where new homes and other developments are marketed to the public. (2) No person shall erect a development sales office sign except on or immediately surrounding a temporary sales office. (3) No person shall erect a development sales office sign except where it has been shown on permit application documents and authorized by the City through issuance of a building permit. Development Sales Signs 55. (1) In this section, "development sales sign" means a sign directing people to a temporary sales office where new homes and other residential developments are marketed to the public. (2) No person shall erect a development sales sign that is more than 1.5 m2 in area. Sign lB~-11w No. XXXX/08 Page 17 (3) No person shall erect a development sales sign at any location other than entirely on private property or on a boulevard. (4) No person shall erect a development sales sign within 500 metres of any other development sales sign being used to direct attention to the same temporary sales office. (5) No person shall permit a development sales sign to remain erected in its original location, or within 500 metres of its original location, for a total of more than 72 hours (excluding statutory holidays) during any consecutive 7 -day period. Directional Signs 56. (1) In this section, "directional sign" means a sign that is intended solely for public information, safety or convenience in directing persons or traffic. (2) No person shall erect a directional sign that is more than 1.5 m2 in area. (3) No person shall erect a directional sign at any location other than entirely on private property. (4) No person shall erect a directional sign unless the sign has no promotional or advertising content. Directory Signs 57. (1) In this section, "directory sign" means a sign for a building containing multiple occupancies. (2) No person shall erect a directory sign that is more than 1 m2 in area. (3) No person shall erect a directory sign at any location other than entirely on private property. (4) No person shall erect more than 1 directory sign at each access point from a highway to the building. Menu Boards 58. (1) In this section, "menu board" means a sign erected as part of a drive- through facility and used to display and order products and services available at the drive-through business. (2) No person shall erect a menu board that is more than 4 m2 in area. (3) No person shall erect a menu board at any location other than entirely on private property. Sign By-law No. XXXX/08 Page 18 '1 3 5 (4) No person shall erect more than 1 menu board on any single property. Farm Signs 59. (1) In this section, "farm sign" means a sign advertising the sale of farm produce grown or produced on the property where the sign is located. (2) No person shall erect a farm sign that is more than 1.5 m2 in area. (3) No person shall erect a farm sign at any location other than entirely on private property. . (4) No person shall erect more than 1 farm sign on a single property. Election Signs 60. (1) In this section, "election sign" means a sign promoting the election of a candidate in a federal, provincial or municipal election, including an election to a local board or commission, a sign that is intended to influence individuals to vote for or against any candidate or any question or by-law submitted to electors under section 8 of the Municipal Elections Act, 1996, but does not include a wall sign associated with a candidate's headquarters. (2) No person shall erect an election sign that is more than 1.5 m2 in area. (3) No person shall erect an election sign at any location other than entirely on private property or on a Regional road in accordance with Region's sign by-law. (4) No person shall erect a sign for a federal or provincial election prior to the day the writ of election is issued. (5) No person shall erect a sign for a municipal election until 25 days in advance of the last polling day for the election. (6) No person shall permit an election sign to remain erected more than 2 days after the last polling day for the election. (7) No person shall erect more than 1 election sign per candidate on a single property. Flags 61 . (1) No person shall erect a flag other than a flag bearing the crest, emblem or . insignia of any corporation, federal, provincial and municipal government agency, or religious, charitable or fraternal organization. 1 36 Sign By-law No. XXXX/08 Page 19 (2) No person shall erect a flag that is more than 2.0 m2 in area. (3) No person shall erect a flag at any location other than entirely on private property. (4) No person shall erect more than 3 flags on a single property. Interior Signs 62. (1) In this section, "interior sign" means a sign in the interior of a building that is intended to be seen outside of the building and includes a window sign. (2) No person shall erect an interior sign unless it is erected in a window on the first storey of a building zoned for office, commercial or industrial uses. (3) No person shall erect an interior sign that exceeds 20% of the size of each window section or panel in which it is erected. Home Improvement Signs 63. (1) In this section, "home improvement sign" means a sign advertising or promoting landscaping, home repairs or home renovations. (2) No person shall erect a home improvement sign that is more than 1.0 m2 in area. (3) No person shall erect a home improvement sign at any location other than entirely on private property where the home improvement is being undertaken. (4) No person shall erect a home improvement sign more than 2 days prior to the commencement of the home improvement project. (5) No person shall permit a home improvement sign to remain erected for a total of more than 90 days. No Trespassing Signs 64. (1) No person shall erect a "No Trespassing" sign that is more than 0.3 m2 in area. (2) No person shall erect a "No Trespassing" sign at any location other than entirely on private property. Sign By-law No. XXXX/08 Page 20 '1 3 7 Home Based Business Signs 65. (1 ) (3) (4 ) (5) Posters 66. (1) (2) No person shall erect a home based business sign unless a home based business licence has been issued by the City. No person shall erect a home based business sign that is more than 0.2 m2 in area. No person shall erect a home based business sign in any location other than entirely on private property in a low density residential zone. No person shall erect a home based business sign unless no other sign is erected on the property. No person shall erect a home based business sign that is internally illuminated. In this section, "fixture" means any structure that the City permits to be located within a boulevard including a utility box, newspaper vending box, bench, transit shelter, telephone box, telephone booth, transformer box or vault, telephone pole, hydro pole, streetlight, stoplight pole, recycling waste module, mailbox, tree and street sign; and "poster" means a printed notice conveying information intended to be displayed for a temporary period of time and includes a bill, handbill, leaflet and placard. (2) No person shall erect a poster on a fixture. (3) No person shall erect a poster on a motor vehicle. PART V - GENERAL RESTRICTIONS Restrictions Applicable to All Signs 67. No person shall erect any sign, (a) that does not comply with any provision of this by-law; (b) that does not comply with any condition of a permit, licence or variance; (c) that advertises a use not permitted by the zoning by-law applicable to the property on which the sign is located; '1 38 Sign By-law No. XXXX/08 Page 21 (d) without a permit if a permit is required; (e) without a licence if a licence is required; (f) on or over, or partly on or over, public property or any part of a highway without the City's approval unless the sign is expressly permitted by this by-law to be erected on a sidewalk or a boulevard; (g) on or over, or partly on or over a driveway; (h) within 3 m of a driveway at the streetline; (i) within 15 m of a traffic light; U) on a walkway or other means of egress on private property unless there is a minimum of 1.5 m of unobstructed footpath space between the sign and the nearest structure; (k) that projects less than 2.4 m above the walking surface of a pedestrian walkway; (I) that pertains to a past event or purpose that no longer applies; (m) that is structurally faulty, has broken, displaced or missing parts, is crookedly displayed, contains lettering that is no longer fully legible, or is otherwise not maintained properly; (n) on a roof or projecting in whole or in part above the roof, eaves or parapet of a building; (0) in a location that obstructs the view of any pedestrian or motorist so as to cause an unsafe condition; (p) that interferes with, or obstructs the view of, an authorized traffic sign, traffic signal or official sign; (q) located within a visibility triangle formed by the intersection of the street line and a driveway line, or the projections thereof and a straight line connecting 6 m from their point of intersection; (r) that obstructs, or is located. in, a required parking space; (s) that has more than 2 sign faces; or (t) that is obscene or in bad taste. 68. No person shall erect, paint, mark or inscribe any sign, (a) on pavement; Sign By-law No. XXXX/08 Page 22 1 39 (b) on the exterior wall of a building except as permitted by the City's Anti- Graffiti By-law; (c) on a utility pole, tree, stone or other natural object; or (d) on a vehicle or on a trailer that is parked or located for the primary purpose of sign display. Electronic Message Displays 69. No person shall erect any sign with electronic message displays, (a) in a Special Sign District; (b) in an area zoned for residential uses; or (c) within 200 metres of an area zoned for residential uses if the display is readily visible from an area zoned for residential uses. Boulevards 70. Where signs are permitted by this by-law to be erected on a boulevard, no such sign shall be erected closer than 1.0 m from the curb of the road or, where there is no curb, closer than within 2.0 m of the travelled portion of the highway. Vacant Properties 71. No person shall erect any sign, other than a development sign, community event sign, filming location sign, real estate sign, farm sign, election sign or "No Trespassing" sign on vacant property. Special Sign Districts 72. (1) No development sign, portable sign, banner, inflatable sign or an internally illuminated sign shall be erected in a Special Sign District. (2) Subsection (1) does not apply to community event signs. PART VI- VARIANCES Definition 73. In this Part, "Director" means the City's Director of Planning & Development or a designate. '140 Sign By-law No. XXXX/08 Page 23 Variance Applications 74. An application for a variance from one or more of the requirements in this by-law shall be made by an owner of the property on which the sign is to be erected or . an authorized representative of the owner. 75. Signs that conform with signs specifically identified and described in approved site plan documents shall not require a variance. 76. A variance application shall be filed with the Director using the City's prescribed form. 77. Every variance application shall include all of the information required to be submitted in relation to a permit application under section 17 and section 19 (if applicable) and shall also include written reasons why the provisions of this by- law cannot be complied with. 78. Prior to making a determination on any variance application, the application details shall be brought to the attention of the City's Site Plan Advisory Committee. 79. The Director shall notify the applicant prior to the meeting of the City's Site Plan Advisory Committee to provide the applicant an opportunity to appear before the Committee to make representations respecting the application. 80. If the applicant does not attend the City's Site Plan Advisory Committee meeting at the appointed time, the Committee may proceed in the absence of the applicant and the applicant shall not be entitled to any further notice or hearing dealing with the application. 81. In considering a variance application, the Director shall have regard for, (a) the provisions of any applicable site plan agreement; (b) special circumstances or conditions applying to the property, building or use referred to in the application; (c) whether strict application of the provisions of this by-law in the context of the special circumstances applying to the property, building or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant that are inconsistent with the objectives of this by-law; (d) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant; (e) whether the proposed sign will detrimentally alter the character of the area; and Sign By-law No. XXXX/08 Page 24 1 4 1 (f) whether the general intent and purpose of this by-law is maintained. 82. The Director may approve or refuse any variance application, and may impose any conditions upon an approval as he or she determines to be appropriate. PART VII . EXEMPTIONS 83. This by-law shall apply to all existing and proposed signs in the City other than, (a) signs located within the fueling areas of gas stations located entirely on private property; (b) official signs; (c) signs on private property that are less than 0.2 m2 in area provided they do not contain any promotional or advertising content; and (d) shelter advertising or any advertising on street furniture and fixtures approved by the City or the Region. 84. This by-law does not apply to any changes to a sign face if, (a) the sign has been previously approved; (b) there is no change in sign area, shape, construction or design; and (c) the sign is not located within a Special Sign District. PART VIII - ENFORCEMENT Definition 85. In this Part, "officer" means a municipal law enforcement officer appointed by the City to enforce municipal by-laws. Inspections 86. An officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 87. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. Sign 1B~_~W No. XXXX/08 Page 25 Order to Comply 88. (1) Where an officer is satisfied that there has been a contravention of any provision of this by-law, the officer may issue an order requiring the owner of the property on which the contravention has occurred or the person who erected the sign to do work to correct the contravention, including removal of the sign. (2) An order shall set out, (a) reasonable particulars of the contravention; (b) the location of the property; (c) the general nature of the work required to be done to correct the contravention; and (d) the date by which the work must be done. (3) An order may be served by, (a) personally delivering it to the owner; (b) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the property or the last known address of the owner; or (c) sending it by registered mail to the owner at the last known address of the owner. (4) If the address of an owner is unknown or the City is unable to effect service on an, owner in accordance with subsection (3), a placard setting out the terms of the order may be placed in a conspicuous place on or near the owner's property. (5) Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally, 3 days after it was mailed, or the date that it is posted on the property, as the case may be. 89. No person shall fail to comply with an order issued under this by-law. Remedial Action 90. (1) Where an order has been issued respecting any sign and compliance has not been achieved by the date specified in the order, the City may cause the work set out in the order to be done. Sign By-law No. XXXX/08 Page 26 '1 4 3 (2) The City may recover all costs of doing any work undertaken pursuant to subsection (1), together with an administration charge equal to 25% of such costs, from the owner by adding the costs to the tax roll and collecting them in the same manner as property taxes. Removal of Signs 91. (1) Where a sign is erected on, over, partly on, or partly over, property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice or compensation. (2) A sign removed by the City shall be stored for a period of not more than 30 days, during which time they may be redeemed by the person who erected the sign upon payment of the applicable fee set out in Schedule "A". (3) Signs not redeemed by the person who erected the sign within 30 days of removal by the City shall be disposed of by the City without notice or compensation. Liens 92. All costs incurred by the City for the removal, care and storage of a sign that was erected in contravention of this by-law are a lien upon the sign that may be enforced by the City under the Repair and Storage Liens Act. Offences and Penalties 93. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act. 94. No person shall make a false or intentionally misleading recital of fact, statement or representation in any application or other document required by this by-law. PART IX - GENERAL Other Applicable Laws 95. The applicant shall be responsible for obtaining the approval from any other government authority having jurisdiction over the installation of a proposed sign. Short Title 96. This by-law may be referred to as the "Sign By-law". '1 44 Sign By-law No. XXXX/08 Page 27 Repeal 97. By-law No. 2439/87, as amended, is repealed. Effective Date 98. This by-law comes into effect on the date of its passing. By-law read a first, second and third time and finally passed this _ day of ,2008. David Ryan, Mayor Debi A. Wilcox, City Clerk Draft - August 25, 2008 SCHEDULE "A" FEES 145 SIGN TYPE FEE Ground Sign $250 Wall Sign $150 Development Sign $250 Portable Sign $50 Banner and Inflatable Sign $50 Sidewalk Sign $100 Billboard $500 Additional fee for any sign installed prior to permit issuance $250 Additional fee for any sign installed prior to licence issuance $50 Redemption Fee - Election Signs $25 Redemption Fee - all signs less than 2 m2 $25 Redemption Fee - all other signs $50 Sign Variance - Ground Sign, Wall Sign or Development Sign $500 Sign Variance - All Other Signs $100 Fees are per sign and are not refundable. 146 Draft - August 25, 2008 SCHEDULE "B" - SPECIAL SIGN DISTRICTS Schedule "B1" Liverpool Road Waterfront District Schedule "B2" Whitevale District Schedule "B3" Greenwood District Schedule "B4" Cherrywood District Schedule "B5" Green River District Schedule "B6" Claremont District Schedule "B7" Brougham District Schedule "B8" Kinsale District Schedule "B9" Balsam District SCHEDULE 81 Draft - August 25,2008 L1VE'RPOOL ROAD WATERFRONT DISTRICT 1 4 7 I II I II I ST EET --'1 OMMERCE STREET --i --'1 ==~==:J U1 __J I I I t:J ~_~'_I t=== ~ _- _~- C/l - - --- ::- --- :::: --- -=~1~~ I I 0 I I <l: -'- -'- 0 ct: J I I t I I 1 I I I I I I I I I I 1--- ,...,... .---rTT-'r-+--t--j-- +-+-- I I I I I I I I I I I 1-__ I I I I I I I I I I I I u,_ --1 -,-- I o OAOVIEW STREET 5 I I I I I I I I I I I I \ z i- I I I I I I I I I I I 1:-- z I ttttttttttiri1 <l: I I I I I I I I I I "," ANNL NO STREET r-, I " I ' ~, I " I , 'J \ ) '---_// I I ,1---+-1 I ~-TI- r---~ I I --" I I I --1 I I I I '" : I: J:::::::: ~ ///: +++-.+++1-1-1-1.J..-1-_.1---" \ I I I I r I I I I I I I I I I I I I I J I STREET FRENCHMAN'S I I I I I I I I I I I I I I ..l.- + -L....1... -1-...1.......L_ _ _ _ ___ _ _ _ _ _ _ -- _ - _ _ - -- I --1 I I I I I I I I I I I ____J/'--l I I I \ ... I '--'4 I '-,.J BAY fAKE ONTARIO SCHEDULE B1 TO BY-LAW PASSED THIS DAY OF 2008 '1 4 B SCHEDULE 82 WHITEVALE DISTRICT Draft - August 25, 2008 I I I I I I"", I I I I I .....-_1 I I I I \ I I I \ \ \ \ , WEST Ov-" ">..v.s ~ 0: " " I I I I I I \ \ \ \ \ I I I I I I I r r I r r I I' I I I I \ I 'l "- I I I I I I I I I I I I I I ------r~---------- I I I I I I I I I r r 1------------ I I I r I I I I I I I I :3 J I r I I I I r I I "- : 8 ___...l_J ::! o ~ < I I I I I I -----------~---- I I ITEV AtE I I \ \ .\ \ \ \ \ \, " l' IV SCHEDULE B2 TO BY-LAW PASSED THIS DAY OF 2008 SCHEDULE 83 GREENWOOD DISTRICT f-------------- I I I I I I I I II II II II II II I ~------ II II II II II II II II II f-' I I I I I I / r-~ I I I I I I I I I I I I I I --t---------------l---- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -,--T---j I I I Draft - August 25, 2008 '1 49 I I-nn--j ___...L___.., I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I 1 I I I I I I 1 I I I _'-___.J L L_n__J : I I I 1 I I I GREENWOOO I I I I I I I 1 I 1 1 I 1 .1 I I I I I I I 1 I I 1 I L_______ r-------------- I I I I I I I ____________.J ---------------- SCHEDULE B3 TO BY-LAW PASSED THIS DAY OF 2008 1\ tv 'i 50 SCHEDULE 84 Draft - August 25,2008 CHERRYWOOD DISTRICT o <( o 0:::: 1-----:1 I I I I I I I I I I I I I I I I I I I ,..----., I I I I I ~ z <( m w (f) o 0:::: ROAD THIRD CONCESSION I I I I -, I I I I I I I I I I ------______1 I I I I I' I I l------€HERRYWOOD ~ z <( m w (f) o 0:::: l' N SCHEDULE B4 TO BY-LAW PASSED THIS DAY OF 2008 SCHEDULE 85 GREEN RIVER DISTRICT Draft - August 25, 2008 '1 51 ~ ~ 25 ~ @5 ~ ~ .~ @ ~ ~ @ [? I r-~ I r-1 '" .. O. I I I I I I I I I / t-------------------~ I I I I 1--------- I I I I I I I I I I I , I I ----------------1 , I \ " I, " I , I , , \ I \ I ' I " I , I ' I " , , I " '............. -.., , , I I , """" " , , I , I I I I , I I I I I I I I I I I I I I I I I I I r-- r-- I I -I I I I I I I I I ~-I I I I -L---'__J,._.LI___~ ;1; \ I I I I I I I , I I --~------------~, I I I I I I I I --- - - ----_ -____-1-___ ___ , , '), ~_______lGREE I ,-----------1 RIVE I I I ----------1 I \------1 \ \ \ \ \ \ L_____ ---T------------r--- - I L____ ~\G~'jl~~ ,07 l' IV SCHEDULE B5 TO BY-LAW PASSED THIS DAY OF 2008 / / / N n '1 52 SCHEDULE 86 CLAREMONT DISTRICT Draft - August 25, 2008 JClJ~G.~@D1JUf\ ~~ii........iii____ II , II I II I :: : :r : :: : II , :: I II , II I II I II I II I II , J II I II , II I II I II I :: ~ II II II II II : ~-------- I, I :1 I 'r----- ----; , I I I -----j _--1 // // )-;./ ...,," ,.("/ " ,,/ I ~/ : ......-;........ 1 ......-;...... I I I I I I 1. @[F II II " II " " " " " " II " II II " I I~i I: ~ ~I ,~, -- II "';-" '.... ................ ..........r-........: ----------T-- I ----------1 ----------1 ----------i I I I I ----------1 I -----------1 I ----------i I ---,------.., ---1 I -'-r 1 I _, r I I ~~.., -, : :: I: ,--- I I r I I I I r I I r I I I '=r '::::':-~- I : , I r I I I I I I I I I " II " II " II II " II I " " ,~--- II II II H----- " " II II II " II " " II II " " II " " II r I I I I I I , CLAREMONT I r---------J I I I I I I I I I I I I I I r-------~--j I I I I \ 1'" N SCHEDULE B6 TO BY-LAW PASSED THIS DAY OF 2008 r- I I I I I SCHEDULE B7 BROUGHAM DISTRICT I I I I r1 rnn__n-j i I I I I I I I I I I I I I HIGHWAY I I I I ~-------- ------------ - ---- I I I I I I I I I r---------- I I I I I I I I I I I I I I I I I I I I I I I I ~-----n--nnJ I I t I I I I I I I I I " <.l o '" lD r- f-- I ___..l.-_ r-l- , I I I I I I I I I I I '- I I I I I I -LT...L-L- I I SPRING Draft - August 25, 2008 '153 o 2S '" :> .. I '" :;) o '" lD I I I UGHAM I I I I I I I t I I I -, , ---, I ir-1 HIGHWAY t I L_ --J ----- s. I , I I I -----------15-------1 l' I tv SCHEDULE B7 TO BY-LAW PASSED THIS DAY OF 2008 --.../ '154 SCHEDULE 88 KINSALE DISTRICT I ~---------~------------- I I I I I -j I I I I I I I I I I I I I I I I r I I I I I I I I I I I I I I I I r------------,-------------- I I I I I I I I r r I r I I I I I r r I I I I I I r I I I I I I I I I I I I I I I HIGHWAY I I I I I .1 -.1.--------T--' I I I ~-- -- ( I I I I J I I I I I ( \ \ \ \ \ \ \ \ \ 0 \ <( L___ ~ 7 I I I I r r ------------~--_r----------~--~------------ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I KIN SALE I I I I I I I I I I I r I I I I I ----------~ I I I ________...J w -' <( U1 Z ;;: HIGHWAY 7 o (lj a:: >- w -' o ::> <( SCHEDULE B8 TO BY-LAW PASSED THIS DAY OF 2008 I I I I f--- rl " Draft - August 25, 2008 r- I I I I I I r I I I r I r--' I I I I I l' tv SCHEDULE B9 BALSAM DISTRICT '<t W z :::i ----l W I o I (f) : I I I I I I I I r--J I I I I I I REGIONAL ROAD NO. 5 I I I I I I I ____..L____.L_...L....:_ BALSAM '<t W z :::i W o (f) ------.., I I I I I I I I I I I , SCHEDULE B9 TO BY-LAW PASSED THIS DAY OF 2008 Draft - August 25, 2008 '155 l' IV I- <.) - 0::: o~ w- -JO :)0 00::: w<( IO oco C/)-J -J - CO 800G '9G lS '156 0@ ~~\\@J], m ~ I 1 -,1 _"I I' -y I I , I __~J~~- I I 1 I I --, I I ,...1____ j - I L_ e- JI ;-~--I ~__J I I I I __ L____l_ _ I D~aAH 4'-"'1--- I I II ~~ CJ IL w UJ ll' c, w 0_ I lJ CL ~- I I L. J ~~' " :c c, "' u ~ >- CD o I- () W ...J :> o w I () (f) co o o C\J (f) I I- o W (f) (f) <( a.. LL o >- <( o REPORT TO EXECUTIVE COMMITTEE Report Number: CS 54-08 Date: December 8, 2008 1 57 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Fees By-law Amendment - Sidewalk Snow Clearing Charges - File: F-1 000-001-08 Recommendation: 1. That Report CS 54-08 of the Director, Corporate Services & Treasurer be received. 2. That the recommended amendments to the Fees By-law be adopted. 3. That snow removal required in relation to the enforcement of the Sidewalk Snow Clearing By-law be provided by a contractor arranged by the City. Executive Summary: The City of Pickering Sidewalk Snow Clearing By-law requires property owners to clear the ice and snow from the municipal sidewalk adjacent to their properties within 24 hours after the snow fall. If a property owner fails to do so, Municipal Law Enforcement Services staff provide the property owner with a notice requiring the sidewalk be cleared of ice and snow within 24 hours of issuance of the notice. If the sidewalk has not been cleared upon a follow up inspection, Municipal Operations staff have been requested to provide this service and the property owner receives a charge of $75.00 on their property tax bill. It is recommended that the fees be increased and amended to incorporate different charges for larger sidewalks, and that the snow and ice removal required in relation to enforcement be provided by the City's contractor who currently provides services in relation to other enforcement matters. The fee will also include a 25% administrative charge, payable to the City, as all other services provided through enforcement are subject to. Fees recommended: Sidewalks less than 50 feet: Sidewalks greater than 50 feet or corner lots: $85.00 + $21.25 (admin) = $106.25 $125.00 +$31.25 (admin) = $156.25 Report CS 54-08 December 8,2008 Su~est8 Sidewalk Snow Clearing Charges Page 2 Financial Implications: The City cleared approximately 70 sidewalks in 2008 in relation to sidewalk snow clearing enforcement. Charges associated would total $5,250.00 Estimating that of the 70, approximately 25 would have sidewalks on corner lots or greater than 50 feet, the same enforcement would result in charges of $8,687.50 based on the recommended fees. Subtracting the cost of the contractor, the City would receive $1,737.50 to cover enforcement costs. Sustainability Implications: Ensuring municipal sidewalks are maintained free of ice and snow facilitates pedestrian use allowing those who utilize public transit or walk to their destination to do so safely. Background: During periods of heavy snowfall, City Operations staff are busy with municipal requirements and cannot provide sidewalk snow clearing related to enforcement of the Sidewalk Snow Clearing by-law. Upon review, the fees charged often did not cover the costs of City staff to provide the service, or incorporate the costs of several visits by Municipal Law Enforcement Officers related to the enforcement of the by-law. On several occasions property owners simply preferred to pay the City to clear the sidewalk. The purpose of the Sidewalk Snow Clearing By-law is to compel property owners to make arrangements to clear the snow and ice from municipal sidewalks adjacent to their properties. As responsible property owners comply with the requirements to clear snow and ice, it is unfair to subsidize the cost of clearing the ice and snow from a sidewalk where property owners do not comply. The charges to the property owner should reflect not only the costs to provide the service, but administrative fees which acknowledge the costs associated with the owner's failure to comply with the City's by- law requirements. Municipal Law Enforcement Services is recommending the contractor who presently provides services for Clean & Clear enforcement, be utilized to provide sidewalk snow clearing enforcement. The use of a contractor will ensure the public is aware that City staff are not providing this service, and will remove the perception that the City is charging for a service that many property owners express the City should be providing. Also, concerns have been expressed by the public, that no matter what the size of the sidewalk cleared, or the time required to do it, the fee remained the same. Upon review of other municipalities charges for enforcement of sidewalk snow clearing, it was learned the City of Kitchener charges $300 for a single sidewalk, $500 for a double, plus administrative fees. CORP0227-07/01 revised Report CS 54-08 December 8, 2008 Subject: Sidewalk Snow Clearing Charges Page 3 '159 Municipal Law Enforcement Services has been advised the contractor will clear the first 50 feet of sidewalk for a charge of $85.00. Additional lengths of sidewalk or corner lots will be charged $125.00. The 25% administrative fee will be added on to each of these fees. The recommendations in this report will increase the fees for the services provided to cover the costs paid by the City for not only the clearing of the ice and snow, but the costs associated with the enforcement process. Attachments: 1. Not applicable Prepared By: Approved/Endorsed By: \}\t----/ im T omps , MLEO, CPSO, CMM I Manager, By-law Enforcement Services b' ~ b _db t:1 u)C'C>L. Debi Wilcox, CMO, CMMIII City Clerk _:--'2:;;;ti;iff;;;~'~ Gillis Paterson Director, Corporate Services & Treasurer :kt Copy: Chief Administrative Officer Recommended for the consideration of Pickering City oun' 1'- CORP0227-07/01 revised REPORT TO EXECUTIVE COMMITTEE Report Number: CS 55-08 Date: December 8, 2008 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2009 Interim Spending Authority Recommendation: 1. That Report CS 55-08 from the Director, Corporate Services & Treasurer be received; 2. That the 2009 Interim Operating Expenditures be approved at 50% of the prior years' budget including adjustments as contained in Attachment 1, pending approval of the formal 2009 Current Budget by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Not applicable Financial Implications: Adoption of interim current operating appropriations does not constitute approval of a formal budget but rather is required to provide funding authorization for the payment of salaries and wages and such other accounts as may be necessary for normal day-to-day operations of the City. At the conclusion of the Budget process, all interim current operating appropriations are nullified and replaced with the detail appropriations as approved by Council. Sustainability Implications: Interim Spending Authority is required to maintain the operations of the City pending approval of the 2009 Current Budget. Without this approval the City is unable to maintain financial sustainability. Report CS 55-08 December 8, 2008 Subject: 2009 Interim Spending Authority Page 2." /' 1 10 Background: Each year, pending approval by City Council of the annual Operating Budget, it is necessary to provide expenditure authority respecting the payment of accounts for the interim period from January 1 until the Budget is adopted by Council. Such authority is in the form of interim current operating appropriations to meet estimated expense requirements of the individual departments, agencies and boards. The 2008 Current Budget was considered by Council in April 2008. The 2009 Budget may prove to be as challenging as 2003 to 2008 due to the City's unique fiscal situation. Therefore, we are seeking approval to provide for interim spending authority for up to the first six months of 2009 or when Council approves the 2009 Budget, whichever occu rs fi rst. Appropriate adjustments have been made in the departmental appropriations listed as Attachment 1 where the spending patterns indicates that something greater than 6/12's will be necessary for the first six months of 2009 such as snow clearing (Roads) activity. Due the requirements of Public Sector Accounting Board (PSAB) coming into effect starting January 1, 2009, small capital items that were previously budgeted under the Capital Budget will be re-allocated to the Current Budget. To accommodate for this increase, the 50% allocation under the "General Government Expenditure" has been increased to include amount related to "Capital Funded from Current". While there is a minor provision for small capital expenditures from current funds, any capital projects proposed prior to the approval of 2009 Capital budget will require specific approval by Council. Attachments: 1. 2009 Interim Appropriations for Current Budget Operating Expenditures Prepared By: Approved I Endorsed By: ~'"":f - ~..."".-""'.;~............ . ._~ ~'---:::3>. .- ~.. Gillis A. Paterson Director, Corporate Services & Treasurer Caryn Kong Senior Financial Analyst GAP:ck Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Office of Sustainability Chief Executive Officer, Library Report CS 55-08 December 8, 2008 Subject: 2009 Interim Spending Authority Page 3 162 Recommended for the consideration of Pickering City Council n CITY OF PICKERING 2009 INTERIM CURRENT OPERATING APPROPRIATIONS ,-JTACHMENT#-L- TO REPORT#~~~ Mayor Ryan B.Littley, Reg. Coun. Ward 1 B. Mclean, Reg. Coun. - Ward 2 R. Johnson, Reg. Coun. Ward 3 J. O'Connell, City Coun. - Ward 1 D. Dickerson, City Coun. Ward 2 D. Pickles, City Coun. - Ward 3 Council Support 2121 CAO. Office 2129 Customer Care Centre 2192 Office Of Sustainability 2139 Human Resources 2141 Health & Safety 2125 Legal Services 2122 Clerks Office 2191 Records Management & Electior 2199 Print Shop/Mail Room 2220 By-law 2293 Animal Services 2127 Finance (Accting, Taxes & Payrc 2133 Supply & Services 2196 Information Technology 2710 Operations & Emerg.Services-A( 2241 Emerg. Operations-Claremont 2240 Fire Protection 2290 Mun. Prop. Eng. & Admin. 2320 Roads 2132 Property Maintenance 2230 Crossing Guards 2325 Street Lights 2430 Environmental Services 2718 Parks 2315 Operations Centre-Municipal Ga 2124 Civic Complex 2572 Senior Citizens Centre 2711 Cult. & Rec. Admin. 2712 Programs 2713 Dunbarton Pool 2715 Don Beer Arena 2719 Community Centres 2731 Recreati'on Complex - Central Cc 2733 Recreation Complex - Pool 2735 Recreation Complex - Arenas 2744 Museum 2610 Plan & Develop - Admin 2611 Planning 2612 Building Services 2613 Development Control 2630 Committee of Adjustment 2743 Heritage Pickering 2745 Libraries General Government-Various Capital-Equipment & Furniture TOTAL 2008 APPROVED BUDGET $ 135,112 72,501 73,869 84,583 77,801 78,485 77,889 320,292 504,067 293,981 828,691 500,375 152,845 281,136 514,422 86,802 386,061 676,784 388,471 2,538,257 334,591 1,187,993 374,923 169,791 10,979,211 1,703,899 5,078,621 583,572 315,400 707,083 154,902 3,042,362 929,224 442,731 264,475 979,528 2,095,166 332,553 979,129 627,121 2,393,305 824,051 711,289 477,295 897,357 2,587,805 928,092 486,700 9,900 9,200 4,646,010 13,151,186 2009 (Jan. 1 -June 30) INTERIM APPROPRIATION $ 67,556 36,251 36,935 42,292 38,901 39,243 38,945 160,146 252,034 146,991 414,346 250,188 76,423 140,568 257,211 43,401 193,031 338,392 194,236 1,269,129 167,296 593,997 187,462 84,896 5,489,606 851,950 3,047,173 291,786 157,700 353,542 77,451 1,521,181 464,612 221,366 132,238 489,764 1,047,583 166,277 489,565 313,561 1,196,653 412,026 355,645 238,648 448,679 1,293,903 464,046 243,350 4,950 4,600 2,323,005 5,867,731 200,000 $ 33,238,445 $ 66,476,889 '163 Citq (J~ REPORT TO EXECUTIVE COMMITTEE 164 Report Number: CS 56-08 Date: December 8, 2008 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2009 Temporary Borrowing By-law Recommendation: 1. That Report CS 56-08 from the Director, Corporate Services & Treasurer be received; 2. That the temporary borrowing limit to meet 2009 current expenditures pending receipt of taxes and other revenues be established at $31,900,000 for the period January 1, 2009 to September 30, 2009 inclusive, and $15,900,000 thereafter until December 31,2009; 3. That the temporary borrowing limit for capital purposes for 2009 be established at $19,000,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the. appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: Not applicable Financial Implications: At this time it is difficult to estimate the interest costs as it is uncertain how much temporary financing may be required and for how long. With internal borrowings being undertaken to the maximum advisable, we will be resorting to external borrowing from the Regional Municipality of Durham (Region) in 2009 for approved capital expenditures. For current purposes, the $29.7 million limit for 2008 has been increased to $31.9 million for 2009 and the $14.8 million has been increased to $15.9 million. The limit for capital purposes for 2009 will be maintained at the 2008 level at $19 million. This may have to be adjusted once 2009 Capital Budget has been approved. Report CS 56-08 December 8, 2008 Subject: 2009 Temporary Borrowing By-law Page 2 165 Sustainability Implications: Council approval to undertake temporary borrowings, if necessary, for current operations and capital projects is necessary in order to financially sustain the City's operations. To date it has not been necessary for the City to undertake such temporary financing measures but approval is always sought at the beginning of the fiscal year (calendar) in order to be prepared in the event that loans are necessary. Background: The borrowing of funds for current and capital purposes may become necessary during the normal course of operations during 2009. Under the provisions of Section 407 of the Municipal Act, 2001, (the Act), the Council of the City of Pickering may pass a by-law to provide for the temporary borrowing of funds to meet current operating expenditures pending receipt of taxes and other revenues of the City. Under the Act, the Corporation may also undertake temporary borrowings, under individual project approvals, for capital projects pending permanent financing, including the issuance of debentures by the Region. Current Budqet Financinq: The amount of such temporary borrowing outstanding at anyone time is generally limited by the Act, unless otherwise approved by the Ontario Municipal Board, to 50 per cent of the estimated annual revenues from January 1 to September 30 and to 25 per cent thereafter. Until the current year's estimates are adopted, the limitation may be calculated upon the revenues set forth in the estimates adopted for the next preceding year. Based upon' the 2008 estimates of the Corporation, the allowable level of temporary borrowing outstanding under legislation is estimated at $31,900,000 from January 1 to September 30 and $15,900,000 thereafter. The requested $31,900,000 should be sufficient to meet the current expenditures of the City until the levies for 2009 are received. It is hoped that this amount will provide a sufficient level of temporary borrowings taking into account the potential effects of taxation legislation and its impact on cash flows. Capital Budqet Financinq: Borrowing for capital purposes under the Act can only be undertaken on projects approved by Council and will only be undertaken in the event that sufficient funds are not available at the time they are required. Recommendation 3 provides the authority for the Treasurer to obtain additional temporary interim financing (internal or external) for capital projects approved by Council. The $19 million capital borrowing limit would provide sufficient funds to cover the estimated 2009 capital expenditures. Report CS 56-08 December 8,2008 sp~e6t: 2009 Temporary Borrowing By-law Page 3 Attachments: 1. By-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2009. Prepared By: Approved I Endorsed By: k~'-1-Lc~ Caryn Kong Senior Financial Analyst ~._---- /-:.::;::;> -- -:> ~ ~ .-J' Gillis A. Paterson Director, Corporate Services & Treasurer GAP:ck Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 7 41' TACHi"IEr-JT#--L-, TO REPORT#..cs...6~.of THE CORPORATION OF THE CITY OF PICKERING 167 BY-LAW NO. Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2009. WHEREAS Section 407(1) of the Municipal Act, 2001, provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the Municipality to borrow from time. to time by way of promissory note such sums as the Council may deem necessary to meet, until the taxes for the current year are collected and other revenues are received, the current expenditures of the Municipality for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality, and the sums required by-law to be provided by the Council for any local board of the Municipality; WHEREAS Section 407(2) limits the total of such borrowings to not exceed 50 per cent of the estimated annual revenues from January 1, 2009 to September 30, 2009 and 25 per cent thereafter; WHEREAS it is deemed necessary by the said Council to borrow the sum of thirty-one million nine hundred thousand dollars ($31,900,000) to meet, until the taxes for the current year are received, the current expenditures of the Municipality for the year 2009, including the amounts and sums aforesaid; WHEREAS the said sum of thirty-one million nine hundred thousand dollars ($31,900,000) plus any similar borrowings that have not been repaid, is less than 50 per cent of the total amount of the estimated revenues of the Municipality from January 1 to September 30 as set forth in the estimates adopted by the said Council for the year 2008 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies and $15,900,000 is less than 25 per cent thereafter; WHEREAS the Municipal Act, 2001, provides that if a municipality has by by-law approved an undertaking to be financed in whole or in part by incurring long-term debt, the Council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of nineteen million dollars ($19,000,000) to meet the capital expenditures approved by Council. '1 68 By-law No. Page 2 NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. The Mayor and Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding thirty one million nine hundred thousand dollars ($31,900,000) to meet, until the levies for the year 2009 are received, the current expenditures of the Municipality for such year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality for the period January 1, 2009 to September 30,2009 inclusive and $15,900,000 thereafter until December 31, 2009. 2. The Mayor and Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding in all the sum of nineteen million dollars ($19,000,000) to meet the capital expenditures as approved by Council, of the Municipality including the amounts required for principal and interest. 3. Any promissory notes made under the authority of this by-law shall be sealed and signed in accordance with the provisions of the Municipal Act, 2001, and may be countersigned in writing by the Manager, Accounting Services of the Corporation in accordance with the provisions of the said Act. 4. This by-law shall come into effect on the first day of January 2009. BY-lAW read a first, second and third time and finally passed this 15th day of December, 2008. David Ryan, Mayor Debi Wilcox, City Clerk REPORT TO EXECUTIVE COMMITTEE Report Number: CS 57-08 Date: December 8,2008 '1 69 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2009 Interim Levy & Tax Due Dates Recommendation: 1. That Report CS 57-08 of the Director, Corporate Services & Treasurer be received; 2. That an interim levy be adopted for 2009 for all of the realty property classes; 3. That the interim levy tax instalment due dates be February 27 and April 28, 2009; 4. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 5. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Each year, prior to the adoption of the estimates for the year, Council authorizes the adoption of an interim levy. Under Provincial legislation, the interim levy can be no more than 50% of the previous year's annualized taxes. In other words, if a property experienced an assessment increase, due to an additional supplementary or omitted assessment, or a decrease in assessment due to an appeal, demolition or class change, the 2009 interim levy would be based on the adjusted annualized 2008 taxes. The tax levy raises funds that are used for the continuing operations of the City, Region and the School Boards. Report CS 57-08 December 8, 2008 Subject: 2009 Interim Levy & Tax Due Dates Page 2 170 Financial Implications: Adoption of the recommendations and passing the By-law will allow staff of the Corporate Services Department to bill the 2009 interim levy to all properties. Passing of the By-law will assist the City of Pickering to meet its financial obligations and reduce any borrowing costs. (The first school board payment is due on March 31, 2009). Sustainability Implications: Council authority is required in order to raise property tax revenue, prior to approving 2009 budgets and setting tax rates for the City. This revenue will allow each of the bodies (City, Region and School Board) to meet expenditures and maintain financial sustainability pending approval of the respective 2009 Current Budgets. Background: In accordance with the legislation mentioned above, the City issues Interim tax bills based on the previous year's annualized taxes. The recent Province-wide re-assessment however, is not taken into consideration when calculating the interim taxes payable. For those property owners whose assessment increases or decreases, the impact of the assessment change will be reflected on the 2009 Final tax bill. Property owners who receive substantial assessment increases lose the benefit of spreading the potential tax increases over four payments. However, for those taxpayers that utilize the City's Pre-authorized Payment Plan (PAP), they will have the benefit of spreading any potential tax increase due to re-assessment over the five instalments that occur after the budgets of the City of Pickering have been passed and after the Province sets the 2009 (final) education tax rates. (The City currently has approximately 6,400 ratepayers using the PAP program.) Taxpayers who have taxes included with their mortgage payments pay their taxes over a 12-month period and also do not feel the impact of re-assessment to the same extent as a taxpayer who pays their taxes on the four regular instalment due dates. Chanqes to the Billinq Schedule Recommendation 4, will allow the Director, Corporate Services & Treasurer some latitude, limited by Provincial legislation, in effecting whatever may be necessary in order to ensure that the taxes are billed properly and in a timely fashion. It was always staff's understanding that Recommendation 4 would be used to change the due dates by a few days in order to meet Provincial legislation requirements. Section 343(1) of the Municipal Act, 2001 provides that the property owner must have at least twenty-one days from the date notice was sent to pay their taxes. A report would be prepared to Council if there was a substantial delay in the billing of the interim taxes. Report CS 57-08 December 8, 2008 Subject: 2009 Interim Levy & Tax Due Dates Page 3 '1 '7 1 Attachments: 1. By-law to establish the 2009 Interim Instalment Due Dates Prepared By: Approved I Endorsed By: ~lJ Acting Coordinator Taxation Services ~. ..~~~~~ /p"~~-~=--- Gillis A. Paterson Director, Corporate Services & Treasurer GAP:tp Copy: Chief Administrative Officer Recommended for the consideration of Pickering City u /r '172 ATTACHMENT#-L. TO REPORT#~S'1' Oi'" THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2009. WHEREAS Section 317, of the Municipal Act, 2001, S.0.2001, c.25, as amended, provides that the council of a local municipality may, before the adoption of the estimates for the year, pass a By-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and WHEREAS, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The amounts levied shall be as follows: a. For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2008. b. For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2008. 2. For the purposes of calculating the total amount of taxes for the year 2008 under paragraph one, if any taxes for municipal and school purposes were levied on a property for only part of 2008 because assessment was added to the collector's roll during 2008, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3. The provisions of this By-law apply in the event that assessment is added for the year 2009 to the collector's roll after the date this By-law is passed and an interim levy shall be imposed and collected. 4. Taxes shall be payable to the Treasurer, City of Pickering. By-law No. Page 2 '1 '7 3 5. When not in default, the payment of taxes, or any instalment thereof, may also be made at any financial institution permitted by Subsection 346 (2) of the Municipal Act, 2001, S.o. 2001 c. 25, as amended. 6. The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S.o. c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 7. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2009 taxes, one notice being an INTERIM notice, with two instalments under the provisions of Section 342 of the Municipal Act 2001, S.o. 2001, c.25 as amended, as follows: INTERIM Tax Notice - Due date of the first instalment February 27, 2009 - Due date of the second instalment April 28, 2009; or either date adjusted by the Director, Corporate Services & Treasurer. 8. The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (1) and (2) of the Municipal Act 2001, S.O. c.25 as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act 2001, S.o. c.25, as amended. Council directs that, despite S. 347(2) of the Municipal Act 2001, all payments, including partial payments, shall be applied to accounts on a consistent basis. 9. Pen'alty: A percentage charge of 1 1,14 per cent of the amount of taxes due and unpaid shall be imposed as a penalty for the non-payment of taxes on the first day of default. Interest: Interest charges of 1 1,14 per cent, per month, of the amount of taxes due and unpaid shall be imposed for the non-payment of taxes and shall start to accrue on the first day of default. 10. Nothing herein contained shall prevent the Treasurer from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and By-laws governing the collection of taxes. '1 7 4 By-law No. Page 3 11. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. 12. That this By-law is to come into effect on the 1 st day of January, 2009. BY-LAW read a first, second and third time and finally passed this 15th day of December, 2008. David Ryan, Mayor Debi Wilcox, City Clerk