Pesticide Control Act

PESTICIDE CONTROL ACT REGULATION

[includes amendments up to B.C. Reg. 131/97 and S.B.C. 1997-18]

Interpretation

1 (1) In this regulation:

"Act" means the Pesticide Control Act;

"applicator" means the holder of an applicator certificate;

"applicator certificate" means a certificate issued to a person who has passed an examination, set by the administrator, in the appropriate applicator category;

"dispenser" means the holder of a dispenser certificate;

"dispenser certificate" means a certificate issued to a person who has passed an examination, set by the administrator, authorizing that person to sell pesticides;

"dispose" includes discharge and dump;

"inspector" means a person authorized under section 9 of the Act to administer and enforce the Act and this regulation;

"office" includes place of business;

"permittee" means the holder of a permit issued by the administrator;

"private land" includes land that is leased by the Crown in right of the Province to a person for agricultural, grazing or other farming purposes;

"public land" means land, whether covered by water or not, that is owned or controlled by

(a) the Crown in right of the Province,

(b) a corporation, of which the ownership or a majority of the shares is vested in the Province,

(c) a municipality or regional district,

(d) a public school, college, or Board of School Trustees, as defined in the School Act, or a College Council established under that Act,

(e) a university, or the University Council, as defined in the University Act,

(f) a corporation as defined in the College and Institute Act, or

(g) a hospital, or a Board of Management of a hospital, as defined in the Hospital Act,

but does not include land that is leased by the Crown in right of the Province to a person for agricultural, grazing or other farming purposes;

"register" means a reportable pesticide purchase register provided to a vendor licensee by the administrator;

"reportable pesticide" means a PERMIT-RESTRICTED, RESTRICTED or COMMERCIAL pesticide as scheduled in Annex 1 under the designation of "reportable" in respect of which a record of sales is required under section 9;

"restricted permit" means a restricted use pesticide purchase and use permit;

"service" means a service involving the use of pesticides;

"service licence" means a pest control service licence authorizing the licensee, his agent, assistant or employee to offer, sell or provide a service;

"special use permit" means a research or special use pesticide permit;

"use" includes apply, handle, prepare and mix;

"use permit" means an aquatic, private or public land pesticide use permit;

"vendor licence" means a licence authorizing the licensee, his agent, assistant or employee to carry on the business of selling pesticides.

(2) Reference in this regulation to a certificate, licence or permit is a reference to a valid and subsisting certificate, licence or permit that is issued under the Act.

(3) The pesticides that are scheduled are contained in Annex 1.

(4) For the purposes of sections 4 (1) (j) and 10, a person who carries on the business of selling or providing a service includes a person other than a service licensee who

(a) is an applicator who hires himself out or who otherwise agrees to perform a service other than through a service licensee,

(b) engages or employs an applicator other than through a service licensee, or

(c) is an applicator who performs a service for his employer other than through a service licensee.

[am. B.C. Regs. 404/83, s. 1; 203/88, ss. 1, 2; 230/88, s. 1; 420/89, s. 1.]

Part 1 — General

General prohibition

2 (1) Subject to subsection (2), no person shall

(a) use a pesticide in a manner that would cause an unreasonable adverse effect, or

(b) contain, transport, store, prepare, mix, apply or sell a pesticide other than in accordance with the Act and this regulation.

(2) No term or condition of a licence, certificate or permit shall require the holder of it to do anything that would result in the creation of an unreasonable adverse effect, and no person shall be liable in a prosecution for contravening subsection (1) if he proves that the unreasonable adverse effect primarily resulted from compliance with a term or condition of a licence, certificate or permit in question issued to him.

[en. B.C. Reg. 404/83, s. 2.]

Release of pesticide

3 (1) Where a pesticide is involved in a fire, theft or other occurrence that results or may result in the release of the pesticide into the environment, the person responsible for the pesticide shall immediately notify the Pesticide Control Program.

(2) Where a pesticide is involved in a spill that results or may result in the release of the pesticide into the environment, the person responsible for the pesticide shall immediately report it to the Provincial Emergency Program by telephoning 1-800-663-3456 or, where that is impractical, to the local police or nearest detachment of the R.C.M.P.

[am. B.C. Regs. 203/88, s. 3; 61/92, s. 1.]

General restrictions

4 (1) No person shall

(a) sell a pesticide, unless he is a dispenser,

(b) sell a pesticide other than from an office in respect of which a vendor licence has been issued,

(b.1) acting as a wholesaler, sell a pesticide other than to an office in respect of which a vendor licence has been issued,

(c) carry on the business of selling pesticides unless he is a vendor licensee,

(d) use a pesticide on public land unless he is an applicator or is supervised by an applicator in attendance,

(e) use a pesticide on private land other than in accordance with the Act and this regulation,

(f) use a pesticide that is a PERMIT-RESTRICTED pesticide as scheduled in Annex 1 unless he is an applicator in possession of a restricted permit,

(g) use a RESTRICTED pesticide as scheduled in Annex 1 unless he is an applicator,

(g.1) use a COMMERCIAL pesticide as scheduled in Annex 1 containing a RESTRICTED use provision on its label, under the terms of the RESTRICTED section of this label, unless he is an applicator;

(h) offer, sell or provide a service other than in accordance with section 11,

(i) offer, sell or provide a service other than from an office in respect of which a service licence has been issued,

(j) carry on the business of selling or providing a service unless he is a service licensee,

(k) purchase a pesticide from a person who is not a dispenser,

(l) purchase a pesticide other than from an office in respect of which a vendor licence has been issued,

(m) purchase a PERMIT-RESTRICTED pesticide as scheduled in Annex 1 unless he has a restricted permit issued under section 8 of the Act with respect to the sale, purchase and use of that pesticide,

(m.1) purchase a RESTRICTED pesticide as scheduled in Annex 1 unless he has an applicator's certificate in an appropriate category;

(n) purchase a service from a person who is not a service licensee or an applicator, or

(o) purchase a service other than from an office in respect of which a service licence has been issued.

(2) In subsection (1) "pesticide" means a pesticide other than an EXEMPTED pesticide as scheduled in Annex 1.

[am. B.C. Regs. 47/84, s. 1; 203/88, ss. 4, 5; 230/88, s. 2; 420/89, s. 2; 61/92, s. 2.]

Part 2 — Sale and Purchase

Federal registration or special use permit

5 No person shall sell a pesticide or a fertilizer containing a pesticide

(a) where it is registered or acceptable for registration under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), unless its intended use is within the purpose designated under those Acts as a condition for registration, and

(b) where it is not registered or acceptable for registration under the Acts referred to in paragraph (a), unless its intended use is within the conditions stated on a special use permit presented by the purchaser and issued by the administrator for the purpose of that sale.

Conditions of sale

6 (1) The sale of pesticides by a vendor licensee is limited to the category of pesticides described on the dispenser certificates of his employees.

(2) No vendor licensee shall permit the sale of a pesticide other than an EXEMPTED pesticide except where a dispenser employed by him confirms to the purchaser that the pesticide is suitable for its intended use.

(3) No person shall sell a pesticide other than an EXEMPTED pesticide as scheduled in Annex 1 to a person under the age of 16 years.

[am. B.C. Regs. 203/88, s. 6; 230/88, s. 3.]

Sales for aquatic use

7 (1) Subject to subsection (2), no person shall sell a pesticide where it is to be used in or on a body of water unless the sale is limited to the conditions stated on a use permit presented by the purchaser and issued by the administrator for the purpose of that sale.

(2) Subsection (1) does not apply to the sale of a pesticide that is to be used in or on a body of water that is a man made self contained body of water on private land.

PERMIT-RESTRICTED and RESTRICTED pesticides

8 (1) No person shall sell a PERMIT-RESTRICTED pesticide as scheduled in Annex 1 unless

(a) the purchaser presents a restricted permit issued under section 8 of the Act,

(b) the dispenser attaches a copy of the restricted permit to the original of the register at the time of sale, and

(c) the sale is limited to the conditions stated on the permit.

(2) No person shall distribute a PERMIT-RESTRICTED or RESTRICTED pesticide as scheduled in Annex 1, whether by sale or otherwise, except to a person presenting evidence at the time that he

(a) possesses an applicator certificate, or

(b) represents a person who possesses an applicator certificate

of the category for which the pesticide will be used.

[am. B.C. Regs. 203/88, s. 7; 420/89, s. 3.]

Record of sale

9 (1) The dispenser shall record in the register, or in other formats deemed appropriate to the administrator, at the time of purchase, the sale of a reportable pesticide or formulation containing a reportable pesticide.

(2) The record required by subsection (1) shall show

(a) the date of purchase,

(b) the purchaser's name, address, telephone number and applicator certificate number, as appropriate,

(c) the dispenser's name and certificate number, and

(d) the details of the pesticide sold.

(3) The vendor licensee shall ensure that the record is kept up to date at all times and available at his office for examination by an inspector at any time for 3 years from the date of the purchase of the pesticide.

[en. B.C. Reg. 420/89, s. 4; am. B.C. Reg. 61/92, s. 3.]

Annual summary of sale

9.1 A vendor licensee shall prepare an annual summary of his records of reportable pesticides on a form prescribed by the administrator and submit it to the administrator at the time of application for renewal of his licence or on expiry of the current licence.

[en. B.C. Reg. 420/89, s. 5; am. B.C. Reg. 61/92, s. 4.]

Part 3 — Use and Permits

Conditions of use

10 (1) No person shall use a pesticide or a fertilizer containing a pesticide

(a) where it is registered or acceptable for registration under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), unless its intended use is within the purpose designated under those Acts as a condition for registration, and

(b) where it is not registered or acceptable for registration under the Acts referred to in paragraph (a), unless its intended use is within the conditions stated on a special use permit issued by the administrator for the purpose of the intended use of that pesticide.

(2) No person shall use a pesticide

(a) on public land,

(b) on or in a body of water that is not a man made self contained body of water on private land, or

(c) on private land that is used for forestry, transportation or public utility purposes or otherwise for the commercial transmission of electricity, natural gas, oil or water to or for the public or a corporation

unless that person has received a use permit or the applicator certificate or service licence of that person is endorsed to permit the use.

(3) A person who wishes to use a pesticide other than an EXEMPTED pesticide as scheduled in Annex 1 within 10 m of a body of water, on land leased by the Crown in right of the Province to a person for agricultural, grazing or other farming purposes, shall within 10 days of the intended use give written notice to the administrator respecting the intended use.

[am. B.C. Regs. 48/82, s. 1; 404/83, s. 3; 203/88, s. 8; 61/92, s. 5.]

Applicator in attendance

11 A service licensee shall ensure that every service that he sells or provides is performed or supervised by an applicator who

(a) is in continuous attendance at the service,

(b) has available with him proof of his certificate in an appropriate category,

(c) supervises no more than 4 uncertified assistants at one time, and

(d) maintains continuous contact, auditory or visual, or a combination of both, with the uncertified assistants.

[am. B.C. Regs. 343/87, s. 1; 61/92, s. 6.]

Record of use

12 (1) A person who is a service licensee or who is the lessee of land leased from the Crown in right of the Province for agricultural, grazing or other farming purposes shall keep, with respect to each operation involving the use of a pesticide, a record that includes

(a) the client's name and address, or the lessee's name and address and identifying details respecting the lease, as the case may be,

(b) the supervising applicator's name and certificate number, where applicable,

(c) the location and area where the pesticide is used,

(d) the date and time of pesticide use,

(e) the name of the pest or purpose for using the pesticide,

(f) the common or trade name of the pesticide and its registration number under the Pest Control Products Act (Canada),

(g) the method and rate of application and total quantity of pesticide used, and

(h) the prevailing meteorological conditions, including temperature, precipitation and approximate velocity and direction of the wind.

(2) The service licensee shall keep his records current and for 3 years from the date of the use of the pesticide shall make them available at his office for inspection.

(3) The lessee referred to in subsection (1) shall submit his records before December 31 of each year in which pesticides under his control were used.

(4) In subsection (1), "pesticide" means a pesticide other than an EXEMPTED pesticide as scheduled in Annex 1.

[am.B.C. Regs. 404/83, s. 4; 47/84, s. 2; 203/88, s. 8.]

Annual summary of use

13 A service licensee shall prepare an annual summary of his records on a form prescribed by the administrator and submit it to the administrator at the time of application for renewal of his licence or by March 31 of the following year.

[am. B.C. Reg. 61/92, s. 7.]

Using pesticide from aircraft

14 (1) No person, other than a pilot whose applicator certificate is endorsed with the appropriate category, shall use a pesticide from an aircraft.

(2) Except as allowed under a use permit, no person shall use a pesticide from an aircraft unless he first notifies the relevant regional manager in writing at least 48 hours prior to the planned use.

[am. B.C. Regs. 343/87, s. 2; 61/92, s. 8.]

Faulty apparatus

15 No person shall use any apparatus for the application of a pesticide where the condition of the apparatus is such that its use may result in an unreasonable adverse effect.

Application for a use permit

16 (1) An application to the administrator for a use permit must be accompanied by

(a) 7 completed copies of the application form and 7 copies of each map relevant to the application, and

(b) other information specified by the administrator before the date the application is made.

(2) Unless otherwise directed by the administrator, the prospective applicant for a use permit shall publish a notice of the contents of the proposed application in a newspaper circulated in the place where the site of the proposed application of pesticide is located.

(3) Publication under subsection (2) shall be within 45 days of the issue of the application number by the administrator.

(4) The notice under subsection (2) shall bear the heading "APPLICATION FOR PESTICIDE USE PERMIT" in 18 pt. or larger, medium or bold face type, cover a minimum area of 40 sq. cm., and contain the following information:

(a) application number;

(b) name, address and telephone number of the permit applicant;

(c) purpose of pesticide use;

(d) methods of pesticide application;

(e) location and area of treatment site;

(f) pesticide common name and trade name;

(g) proposed project commencement and completion dates;

(h) the location where copies of the permit application and maps of the treatment area may be examined in detail;

(i) the paragraph

A person wishing to contribute information about the site for the evaluation of this application for a use permit must send written copies of this information to both the applicant and the regional manager of the Pesticide Control Program (address to be specified) within 30 days of the publication of this notice.

(5) A person who has information about the site of the proposed use of pesticide that he or she considers useful in the evaluation of the application for the use permit shall submit that information in writing to both the relevant regional manager and the applicant for the use permit within 30 days of the date the notice was published under subsection (2).

(6) Within 60 days of the date the notice was published under subsection (2), the applicant shall submit to the relevant regional manager

(a) proof of publication of the notice under subsection (2), and

(b) a signed statement of the applicant describing the action the applicant proposes to take in response to information submitted under subsection (5).

[en. B.C. Reg. 439/90, s. 1.]

Specifications of permit

17 (1) A permit shall specify, as may be appropriate and available,

(a) the permittee's name and address,

(b) the applicator's name and certificate number,

(c) the location and area where the pesticide is to be used,

(d) the periods of validity of the permit,

(e) the name of the pest or purpose for using the pesticide,

(f) the common or trade name and formulation of the pesticide, and its registration number under the Pest Control Products Act (Canada),

(g) the method and rate of application and total quantity of pesticide to be used, and

(h) the precautionary measures or other terms that are considered necessary by the administrator under section 6 of the Act.

(2) A permit is not transferable without the written authorization of the administrator.

Notification of permit

18 (1) It is a term of a permit that the permittee will, without delay, make a copy of the permit and any relevant maps available for inspection by the public within the vicinity of the location where the pesticide is to be used.

(2) On issuing a permit, the administrator may require as a term of the permit that the permittee comply without delay with one or more of the following:

(a) post all or part of the permit or a copy of all or part of the permit in a conspicuous place where the pesticide is to be used;

(b) publish all or part of the permit in one or more newspapers with local distribution;

(c) publish all or part of the permit in the Gazette;

(d) provide a copy of the permit to, or serve notice on, any person whose rights may be affected by the use of the pesticide authorized by the permit.

(3) The regional manager shall, as soon as practical, provide a copy of the use permit to each person who submitted information under section 16 (5) in relation to the application for that use permit.

[am. B.C. Regs. 343/87, s. 3; 439/90, s. 2.]

Part 4 — Vendor and Service Licences

Class of licence

19 A licence shall be classed as a vendor licence or as a service licence.

Application for and issue of licence

20 (1) A person applying for a licence shall state on an application form

(a) the names and certificate numbers of all persons employed by him at each office to be licensed who are qualified

(i) as dispensers, in the case of a vendor licence, and

(ii) as applicators, in the case of a service licence, and

(b) that as licensee he will conform to all the requirements of the Act and this regulation.

(2) A licence shall not be issued unless the person applying for it has on his staff one or more

(a) dispensers, in the case of a vendor licence, or

(b) applicators, in the case of a service licence.

[am. B.C. Regs. 203/88, s. 9; 230/88, s. 4.]

Validity of licence

21 (1) Subject to section 24 (2), a licence, unless earlier suspended or revoked, ceases to be valid

(a) on April 1 in the year following the year of issue, or

(b) at any time that the licensee ceases to have on his staff

(i) a dispenser, in the case of a vendor licence, and

(ii) an applicator, in the case of a service licence.

(2) A licence is not transferable without the written authorization of the administrator.

[am. B.C. Regs. 203/88, s. 10; 230/88, s. 5.]

Display of licences and certificates

22 The licensee shall prominently display at his office in that part of the premises where pesticides are sold or where a service is provided or sold

(a) his licence, and

(b) the certificates of all persons employed by him at that office who are qualified as

(i) dispensers, in the case of a vendor licence, or

(ii) applicators, in the case of a service licence.

[am. B.C. Regs. 203/88, s. 11; 230/88, s. 6.]

Change of address or ownership of business

23 (1) A licensee shall give written notice to the administrator of change of address, or change of ownership of his business together with any unexpired licence, within 10 days of the change.

(2) No refund of the licence fee is payable for the unexpired term of a licence.

Bonding or insurance

24 (1) The administrator may at any time require a person who holds or applies for a service licence to provide evidence of cover for public liability and property damage for himself and his employees by bond or insurance in an amount fixed by the administrator for any one claim

(a) of not less than $100 000 for bodily injury or death, and

(b) of not less than $25 000 for property damage.

(2) A service licence ceases to be valid at any time that bonding or insurance required under subsection (1) with respect to that licence expires or is cancelled.

Part 5 — Dispenser and Applicator Certificates

Class, category and issue of certificates

25 (1) A certificate shall be classed as an applicator certificate or as a dispenser certificate and endorsed for one or more of its categories that are listed in Annex 2.

(2) A certificate of the appropriate class and categories shall be issued to

(a) an applicant who passes an exam set by the administrator, or

(b) an applicant for certificate renewal who satisfies the administrator that the applicant has attended courses of instruction acceptable to the administrator.

(3) Despite subsection (2), the administrator may renew a certificate for a period of up to one year to an applicant who promises to enroll in courses of instruction specified by the administrator.

[am. B.C. Regs. 277/96, s. (a); 131/97.]

Validity of certificate

26 (1) A certificate is valid on issue for the class and category endorsed on it and for such period not exceeding 5 years as the administrator considers appropriate.

(2) A certificate is not transferable and is valid only with respect to the person named on it.

Change of address of certificate holder

27 A certificate holder shall give written notice to the administrator of a change of address within 10 days of the change.

Part 6 — Instruction and Examination for Certificates

Courses of instruction

28 The administrator may

(a) require a person applying for a certificate to take or attend one or more courses of instruction before taking an examination,

(b) require a certificate holder to take a course of instruction at any time, and

(c) revoke the certificate of a certificate holder who fails to observe a request under paragraph (b).

Examination and syllabus

29 (1) The examination required by section 25 (2) shall test the applicant's knowledge of the syllabus set out in Annex 3 to the satisfaction of the administrator.

(2) The administrator may require the examination to be written or oral, or both.

(3) The examination shall be taken at a time and location specified by the administrator.

Non-attendance at examination

30 A person who fails to attend an examination for a certificate that has been arranged on his behalf shall forfeit his examination fee unless

(a) he gives 48 hours notice to the administrator of his inability to attend, or

(b) he is prevented from attending by reason of sickness, injury or similar cause, proof of which is acceptable to the administrator.

Re-examination

31 (1) An applicant who fails an examination in a particular category may apply for re-examination

(a) following a period of 2 weeks from the date of the examination failed where the applicant has failed that examination for the first time, and

(b) following a period of 6 months from the date of the examination failed where the applicant has failed that examination for the second time in a 6 month period.

(2) The administrator may require a certificate holder to take a re-examination at any time and where the certificate holder fails the re-examination or refuses to be re-examined the administrator may revoke his certificate.

Minimum age

32 (1) No person shall apply for examination for a certificate unless that person has attained the age of 16.

(2) A certificate issued to a person under the age of 16 is not valid and shall not be validated upon that person attaining the age of 16 or by any other means.

Medical examination

33 The administrator may require an applicant for, or a holder of, a certificate to provide a report from a medical practitioner as to fitness to dispense or use pesticides.

Part 7 — Handling, Storing and Transporting

Notice to fire department

34 A pesticide manufacturer, distributor, formulator or wholesaler, or a vendor licensee or service licensee, who is handling or storing a pesticide other than an EXEMPTED pesticide as scheduled in Annex 1, shall notify the appropriate fire department of the presence of the pesticide on the premises.

[am. B.C. Reg. 203/88, s. 12.]

Security of pesticide in transport

35 No person shall transport or cause or permit the transport of a pesticide other than an EXEMPTED pesticide as scheduled in Annex 1 unless the pesticide is

(a) secured in a manner sufficient to prevent the escape, discharge or unauthorized removal of the pesticide from the vehicle, and

(b) separated in a manner sufficient to prevent contamination of food or drink intended for human or animal consumption, household furnishings, toiletries, clothes, bedding or similar items that are transported with that pesticide.

[am. B.C. Reg. 203/88, s. 12.]

Security of facility and ventilation

36 A person, other than a vendor licensee, who is responsible for the storage of reportable pesticides shall ensure that

(a) the facility in which the pesticides are stored is

(i) ventilated to the outside atmosphere,

(ii) locked when left unattended, and

(iii) entered only by persons who are authorized expressly by him to do so, and

(b) a placard is affixed and maintained on the outside of each door leading into the facility in which the pesticides are stored bearing, in block letters that are clearly visible, the words

"WARNING — CHEMICAL STORAGE — AUTHORIZED PERSONS ONLY"

or other words to that effect.

[am. B.C. Regs. 343/87, s. 4; 420/89, s. 6.]

Separation of pesticides

37 (1) A vendor licensee shall display or store reportable pesticides

(a) in a pesticide storage room that

(i) separates the pesticides from food,

(ii) has partition walls from floor to ceiling constructed of wood, fibreboard, plaster, glass, brick or other suitable material, but not screen or other open material, separating the room from the remainder of the premises, and

(iii) has a self closing door and external ventilation by exhaust fan, or

(b) in a room or building, separated from food, that is otherwise satisfactory.

(2) A vendor licensee shall display or store DOMESTIC pesticides as scheduled in Annex 1

(a) in accordance with subsection (1), or

(b) in a manner that separates the pesticides from the nearest human or animal food by a direct distance of at least 10 m.

(3) EXEMPTED pesticides as scheduled in Annex 1 may be displayed or stored in the same premises as food.

[am. B.C. Regs. 47/84, s. 4; 203/88, s. 13; 420/89, s. 6.]

Containers

38 Subject to section 39, no person, other than a pesticide manufacturer or formulator, shall store or have in his possession a pesticide in a container other than

(a) the container in which the pesticide was originally packaged and labelled by the manufacturer, or

(b) a container of a type that is customarily used for the purpose.

Labelling

39 (1) The container referred to in section 38 (b) shall display a label that shows

(a) the common and trade name of the pesticide,

(b) the quantity of the pesticide in the container, and

(c) the registration number of the pesticide under the Pest Control Products Act (Canada).

(2) Where a pesticide that is not labelled by individual package is handled, stored or transported, the drum, holding tank, transport tank or other container in use shall display in a conspicuous place a label that shows

(a) the common and trade name,

(b) the concentration,

(c) the name of the manufacturer or owner, and

(d) instructions to notify the Pesticide Control Program in the event of accidental or other discharge of the pesticide into the environment.

[am. B.C. Reg. 203/88, s. 3.]

Labelling exemption

40 Sections 38 and 39 do not apply to tanks that are being used for mixing or holding pesticides in use.

Disposal of pesticide

41 (1) Subject to subsection (2), no person shall

(a) dispose of a pesticide or mixture containing a pesticide, or

(b) bury, decontaminate, or otherwise dispose of a container that has been used to hold a pesticide

other than in accordance with the manufacturer's instructions accompanying the pesticide.

(2) Where the manner of disposing of the pesticide or container is not provided in the manufacturer's instructions, the pesticide or container shall be disposed of in a manner that does not create an unreasonable adverse effect as authorized and determined by the administrator under section 12 (2) (a) of the Act.

Part 8 — Miscellaneous

Fees

42 (1) Where a person other than the Crown in right of the Province applies for a licence, permit or certificate under section 8 of the Act, that person shall submit to the administrator with each application the appropriate fee, if any, set out in Annex 4.

(2) Repealed. [B.C. Reg. 230/88, s. 7.]

(3) All fees shall be payable to the Minister of Finance and Corporate Relations.

[am. B.C. Regs. 230/88, s. 7; 61/92, s. 9.]

Assistance on inspections

43 The owner of, and the person responsible for, any material, land or premises to be inspected shall ensure that the inspector receives such assistance and information as the inspector may require to properly conduct the inspection.

Exemptions

44 (1) Subject to section 10,

(a) a person using a pesticide on private land owned or leased by him, or on neighbouring private land free of charge, is exempt from the requirements of the Act and regulations respecting

(i) licences, permits and pest management plans in the case of a RESTRICTED pesticide as scheduled in Annex 1, and

(ii) certificates, licences, permits and pest management plans in the case of a COMMERCIAL or DOMESTIC pesticide as scheduled in Annex 1, and

(b) an applicator using a RESTRICTED, COMMERCIAL or DOMESTIC pesticide as scheduled in Annex 1 on private land is exempt from the permit and pest management plan requirements of the Act and regulations.

(2) A person who is

(a) a manufacturer or his agent supplying a pesticide to a wholesaler,

(b) a wholesaler supplying a pesticide to a vendor licensee or registered veterinary surgeon, or

(c) a wholesaler returning a pesticide to a manufacturer or his agent

is exempt from the certification and licensing requirements of the Act and regulations.

(3) A person selling or using an EXEMPTED pesticide as scheduled in Annex 1 is exempt from the certification, licensing, permit and pest management plan requirements of the Act and regulations.

(4) A veterinary surgeon selling, providing or using a RESTRICTED, COMMERCIAL or DOMESTIC pesticide as scheduled in Annex 1 in connection with pests of animals and who is registered under the Veterinarians Act is exempt from the certification, licensing, permit and pest management plan requirements of the Act and regulations.

(5) A vendor licensee purchasing a pesticide from a wholesaler is exempt from the requirements of section 4 (1) (k), (l) and (m).

[am. B.C. Reg. 203/88, ss. 14-16; S.B.C.1997-18-30 .]

Appeals

45 (1) A person who intends to appeal to the board against the action, decision or order of the administrator or of any other person under the Act shall file the appeal in the manner required by subsection (2) within 30 days from the date of the action, decision or order against which the appeal is taken.

(2) The appellant shall file the appeal by mailing notice of appeal by registered mail to the chairman, or leaving it for him during business hours, at the address of the board.

(3) A notice of appeal shall contain the name and address of the appellant, the name of counsel or agent, if any, for the appellant, the address for service upon the appellant, grounds for appeal, particulars relative to the appeal and a statement of the nature of the order requested, and shall be signed by the appellant or on his behalf by his counsel or agent.

(4) Where a notice of appeal does not conform to subsection (3), the chairman may by mail or another method of delivery return the notice of appeal to the appellant together with written notice

(a) stating the deficiencies and requiring them to be corrected, and

(b) informing the appellant that under this section the board shall not be obliged to proceed with the appeal until a notice or amended notice of appeal, with the deficiencies corrected, is submitted to the chairman.

(5) Where a notice of appeal is returned under subsection (4) the board shall not be obliged to proceed with the appeal until the chairman receives an amended notice of appeal with the deficiencies corrected.

(6) Repealed. [B.C. Reg. 132/82.]

(7) The procedures on the appeal shall be those set out in the Environmental Appeal Board Procedure Regulation.

[en. B.C. Reg. 9/82; am. B.C. Regs. 132/82; 266/86.]

Offences

46 (1) A person who

(a) contravenes section 2, 3, 4 (1) (a) to (j), 5, 6, 7, 8 (1) (a), 8 (1) (c), 8 (2), 9.1, 10, 11, 14, 15, 24 (1), 34 to 39, 41, or

(b) intentionally makes a false statement or misleads or attempts to mislead the administrator or any other person in the exercise of his powers or duties under this regulation,

commits an offence and is liable on conviction to a fine of not more than $2 000 or imprisonment for not more than 6 months, or to both, and is liable on conviction for a subsequent similar offence to a fine of not less than $1 000 or more than $2 000, or imprisonment for 6 months, or to both.

(2) A person who contravenes section 4 (1) (k) to (o), 8 (1) (b), 9, 12, 13, 22, 23, 27 or 43 commits an offence and is liable on conviction to a fine of not more than $500 and is liable on conviction for a subsequent similar offence to a fine of not less than $100 and not more than $1 000.

[am. B.C. Regs. 343/87, s. 5; 420/89, s. 7.]

Annex 1

[Section 1 (3)]

[en. B.C. Reg. 420/89, s. 8; am. B.C. Reg. 61/92, ss. 10, 11.]

Schedules

PERMIT-RESTRICTED Pesticides

• Purchase and use require an applicator certificate and a restricted permit

• Sale requires a vendor licence and a dispenser certificate

• Reportable pesticides: sales to be recorded

• Pose special concerns regarding human safety or environmental quality

• Include the following pesticides:

aldicarb aldrin allidochlor 4-aminopyridine calcium cyanide (hydrogen cyanide) chlorbromuron chlordane DDT 1, 2-dibromo-3-chloropropane dieldrin endrin heptachlor lead arsenate mercury compounds sodium monofluroacetate 2,4,5-T thallium sulfate toxaphene

RESTRICTED Pesticides

• Include all federally-labelled RESTRICTED pesticides that are not PERMIT-RESTRICTED as listed above

• Sale requires a vendor licence and a dispenser certificate

• Reportable pesticides: sales to be recorded

• Purchase and use of the following pesticides require an applicator certificate: (Purchase and use of all other federally-labelled RESTRICTED pesticides will require an applicator certificate starting January 1, 1992.)

aluminum phosphide ethylene dibromide fumigant mixtures methyl bromide oxyfluorfen sulfotep triadimefon

COMMERCIAL Pesticides

• Include all federally-labelled COMMERCIAL pesticides not appearing elsewhere ("COMMERCIAL" includes "AGRICULTURAL", "INDUSTRIAL", "FORESTRY", and related terms)

• Sale requires a vendor licence and a dispenser certificate

• Reportable pesticides: sales to be recorded

DOMESTIC Pesticides

• Include all federally-labelled DOMESTIC pesticides not appearing elsewhere

• Include all pump DOMESTIC pesticides

• Include all fertilizers containing pesticides

• Sale requires a vendor licence and a dispenser certificate

EXEMPTED Pesticides

• Include the following federally-labelled COMMERCIAL and DOMESTIC (or DOMESTIC only, as indicated) pesticides:

Annex 2

[Section 25]

[en. B.C. Reg. 203/88, s. 18; am. B.C. Reg. 230/88, s. 9.]

1 Applicator certificate categories

2 Dispenser certificate categories

Annex 3

[Section 29 (1)]

Syllabus

Annex 4

[Section 42]

[en. B.C. Reg. 61/92, s. 12; am. B.C. Reg. 277/96, s. (b).]

Fees

[Provisions of the Pesticide Control Act, R.S.B.C. 1996, c. 360, relevant to the enactment of this regulation: section 24]

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