Pesticides Act, R.S.O. 1990, c. P.11

• Jurisdiction: Ontario

Pesticides Act

R.S.O. 1990, CHAPTER P.11

Consolidation Period: From June 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 10, s. 5.

CONTENTS

Interpretation

1 (1) In this Act,

“air” means open air not enclosed in a building, structure, machine, chimney, stack, flue or vehicle; (“air”)

“active ingredient” means, subject to subsection (1.1), a pesticide,

(a) that is a component of a product that is a pesticide, and

(b) to which the intended effects of the product are attributed; (“principe actif”)

“administrative penalty” means a penalty imposed under section 41.1 or 41.2; (“pénalité administrative”)

“analyst” means an analyst appointed under the Environmental Protection Act; (“analyste”)

“cosmetic” means non-essential; (“esthétique”)

“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”)

“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, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“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,

of the 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”)

“public servant” means a public servant appointed under Part III of the Public Service of Ontario Act, 2006; (“fonctionnaire”)

“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; (“séquestre”)

“regulations” means the regulations made under this Act; (“règlements”)

“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; (“créancier garanti”)

“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 Ontario Land 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”) R.S.O. 1990, c. P.11, s. 1 (1); 1993, c. 27, Sched.; 1998, c. 35, s. 77; 2000, c. 26, Sched. F, s. 14 (1, 2); 2001, c. 17, s. 6 (1); 2008, c. 11, s. 1 (1); 2009, c. 19, s. 71 (1); 2017, c. 20, Sched. 5, s. 2 (1-3); 2019, c. 14, Sched. 8, s. 43 (1-4); 2021, c. 4, Sched. 6, s. 78.

Active ingredient

(1.1) For the purposes of the definition of “active ingredient” in subsection (1), active ingredient includes a synergist but does not include a solvent, diluent, emulsifier or other component that is not primarily responsible for the intended effects mentioned in clause (b) of the definition. 2019, c. 14, Sched. 8, s. 43 (5).

Director

(2) In this Act,

“the Director” means a Director appointed under section 3. R.S.O. 1990, c. P.11, s. 1 (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. 2001, c. 17, s. 6 (2).

Use of pesticide

(4) For the purposes of this Act,

(a) the placement or application of a 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).

Section Amendments with date in force (d/m/y)

1993, c. 27, Sched. - 31/12/1991; 1998, c. 35, s. 77 - 01/02/1999

2000, c. 26, Sched. F, s. 14 (1, 2) - 06/12/2000

2001, c. 17, s. 6 (1, 2) - 01/12/2002

2008, c. 11, s. 1 (1, 2) - 22/04/2009

2009, c. 19, s. 71 (1) - 01/01/2010

2017, c. 20, Sched. 5, s. 2 (1-3) - 04/09/2018

2019, c. 14, Sched. 8, s. 43 (1, 3, 5) - 01/05/2020; 2019, c. 14, Sched. 8, s. 43 (2, 4) - 10/12/2019

2021, c. 4, Sched. 6, s. 78 - 01/06/2021

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. R.S.O. 1990, c. P.11, s. 2.

Appointment of Directors

3 (1) The Minister may appoint as Directors such public servants who work in the Ministry as the Minister considers necessary for the purposes of the sections of this Act or the regulations that are set out in the appointments. 2017, c. 20, Sched. 5 s. 2 (4).

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.11, s. 3 (2).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 109 (1) - 20/08/2007

2017, c. 20, Sched. 5, s. 2 (4) - 04/09/2018

Prohibited use of pesticides

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...