B.C. Reg. 357/2004, deposited July 23, 2004, pursuant to the HEALTH ACT [Sections 1 and 8 (1) (d) and (2) (f)]. Order in Council 801/2004, approved and ordered July 22, 2004.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the attached West Nile Virus Control Regulation is made.

— C. HANSEN, Minister of Health Services; J. van DONGEN, Presiding Member of the Executive Council.

WEST NILE VIRUS CONTROL REGULATION

Definitions

1 In this regulation:

"Act" means the Health Act;

"pesticide application order" means an order made under section 3 to apply pesticides;

"Pesticide Use Permit" means Pesticide Use Permit Number 776-001-2003/2005, dated June 25, 2004, issued by the administrator of the Pesticide Control Act to the British Columbia Minister of Health Services, as it amends Pesticide Use Permit Number 776-001-2003/2004, dated August 15, 2003.

West Nile virus prescribed as health hazard

2 The following are prescribed as health hazards for the purpose of this regulation:

(a) the West Nile virus;

(b) any agent or condition that transmits, or contributes to the transmission of, the West Nile virus.

Pesticide application order

3 (1) The Provincial Health Officer or a medical health officer may order a local authority to apply pesticides to any area within the jurisdiction of the local authority if satisfied that the application of pesticides is necessary to protect the public health through the prevention or removal of a health hazard prescribed in section 2.

(2) A person issuing a pesticide application order must

(a) serve the order on the local authority,

(b) state in the order the time by which the local authority must comply with the order,

(c) set out in the order any conditions of the Pesticide Use Permit that the person requires the local authority to comply with, and

(d) provide the local authority a copy of the Pesticide Use Permit.

(3) A person issuing a pesticide application order may authorize, in the order, the application of pesticides to private property, with or without the consent of the owner or occupant of the property.

Local authority compliance

4 (1) A local authority that is served with a pesticide application order must

(a) comply with the order on or before the date set out in the order,

(b) comply with the conditions set out in the order, and

(c) provide to the person who issued the order any information or assistance required by that person to comply with any conditions of the Pesticide Use Permit.

(2) If a local authority fails to comply with a requirement of subsection (1), the person who issued the pesticide application order may take any steps necessary to carry out the pesticide application and comply with the conditions of the Pesticide Use Permit, including ordering or employing another person to take those steps.

(3) If a person who issues a pesticide application order considers it necessary to act under subsection (2), the person may recover from the local authority any costs and expenses that person incurs.

(4) For the purpose of recovering costs and expenses under subsection (3), section 74 of the Act applies as if the local authority were a person described in section 74 (1) (a) or (b) of the Act.

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada