October 23, 2003

111685340/03058/tlc03058_f

E3tlc03058

Interpretation

Definitions

In this Act:

administrator means the administrator appointed under

section

9 [administrator] ;

adverse effect means harm to humans, animals or the

environment;

animal includes vertebrates and invertebrates, whether living or

dead, but does not include humans;

appeal board means the Environmental Appeal Board continued under the

Environmental Management Act ;

applicant means

a person applying for a licence, certificate or permit under this Act,

a person who gives the administrator a pesticide use notice;

certificate , except in sections 20 (5) and (6) [seizure and

prevention order] , 25 [recovery of administrative

penalties] , 29 [time limit for prosecuting offence] and

34 [evidence] , means a certificate issued under

section

5 [certificate for sale or use of pesticides by

individuals] ;

committee means the Integrated Pest Management Committee under

section

13 [Integrated Pest Management Committee] ;

confirmation means a confirmation under

section 7 (3) [use of

pesticides in accordance with a pesticide use notice] ;

food includes anything manufactured, sold or represented for use as

food or drink for humans or animals, and also includes an ingredient that is mixed, or

intended to be mixed, with food;

inspector means

a person designated under

section 11 [inspectors] as an

inspector for the purposes of this Act, or

a conservation officer as defined in

section 1 (1) of the Environmental Management Act ;

integrated pest management means a process for managing pest

populations that includes the following elements:

planning and managing ecosystems to prevent organisms from becoming

pests;

identifying pest problems and potential pest problems;

monitoring populations of pests and beneficial organisms, damage caused by

pests and environmental conditions;

using injury thresholds in making treatment decisions;

suppressing pest populations to acceptable levels using strategies based on

considerations of

biological, physical, cultural, mechanical, behavioural and chemical

controls in appropriate combinations, and

environmental and human health protection;

evaluating the effectiveness of pest management treatments;

licence means a licence issued under

section 4 [licence for

sale or use of pesticides] ;

permit means a permit issued under

section 6 [permit for

use of pesticides] ;

pest means an injurious, noxious or troublesome living organism, but

does not include a virus, bacteria, fungus or internal parasite that exists on or in

humans or animals;

pest management plan means a plan that describes

a program, for managing pest populations or reducing damage caused by pests,

based on integrated pest management, and

the methods of handling, preparing, mixing, applying and otherwise using

pesticides within the program;

pesticide means a micro-organism or material that is represented,

sold, used or intended to be used to prevent, destroy, repel or mitigate a pest, and

includes

a plant growth regulator, plant defoliator or plant desiccant,

a control product as defined in the Pest Control Products Act

(Canada), and

a substance that is classified as a pesticide by regulation,

but does not include micro-organisms, materials, substances or control products

excluded from this definition by regulation;

pesticide use notice means a notice provided under

section 7

(2) [use of pesticides in accordance with a pesticide use

notice] ;

qualified monitor means a person who has the prescribed

qualifications;

registered mail includes any method of mail delivery provided by

Canada Post for which confirmation of delivery to a named person is

available;

sell includes barter or distribute, offer, expose, advertise or

possess for the purpose of selling;

use , with respect to pesticides, includes mix, prepare or apply, and

possess for the purpose of applying.

Act may be limited in an emergency

The Lieutenant Governor in Council may declare that an emergency exists and, if an

emergency declaration is made, the Lieutenant Governor in Council may, for the period of

time specified and subject to any terms or conditions the Lieutenant Governor in Council

may consider appropriate,

suspend or limit the application of this Act and the regulations,

suspend a requirement of this Act,

suspend the validity of a licence, permit, certificate or confirmation,

and

impose requirements in addition to this Act and the regulations.

Prohibitions and Authorizations of Pesticide Use and Sale

General prohibitions and restrictions

Without limiting any other provision of this Act, a person must not

use a pesticide that causes or is likely to cause, or use, handle, release,

transport, store, dispose of or sell a pesticide in a manner that causes or is likely

to cause, an unreasonable adverse effect,

use, handle, release, transport, store, dispose of or sell a pesticide other

than in accordance with this Act and the regulations, or

subject to paragraph (

b) and subsection (2), use, handle,

transport, store or dispose of a pesticide in a manner that does not accord with the

manner specified on the label of the pesticide container or in the manufacturer's

instructions that accompany the pesticide.

Without limiting any other provision of this Act or the regulations, a person

must not use

a pesticide registered under the Pest Control Products Act

(Canada) unless the pesticide is used for a purpose for which the pesticide was

registered under that Act,

a pesticide not registered under the Pest Control Products

Act (Canada), unless the pesticide is used in a manner and for a purpose

expressly allowed under that Act, or

a fertilizer containing a pesticide, unless the pesticide-fertilizer mixture

is used in a manner and for a purpose expressly allowed under the Fertilizers

Act (Canada).

Licence for sale or use of pesticides

Except as provided in the regulations, a person must not

sell or offer to sell a pesticide,

use a pesticide for a prescribed use,

provide or offer to provide any service respecting pesticides, or

purchase, directly or indirectly, a pesticide for the purpose of selling the

pesticide or providing a service to any other person,

unless the person

holds the licence that is, under the regulations, required for that purpose,

and

licence.

A person may apply for a licence under this

section by submitting to the

administrator an application that

is in the form specified by the administrator for the purposes of this

section,

contains the information prescribed by the administrator, and

is accompanied by the prescribed fee.

The administrator may issue a licence to an applicant if satisfied

that

the application complies with subsection (2),

the applicant meets the prescribed criteria, and

the applicant is not subject to a restriction imposed by the administrator

under

section

15 (2) [suspension and revocation] in respect of a

licence.

The administrator may specify in a licence issued under subsection

(3) the date on which the licence expires, and

administrator, and

the administrator considers appropriate in the circumstances.

Certificate for sale or use of pesticides by

individuals

An individual must not use a prescribed class of pesticide or a pesticide for a

prescribed use unless the individual

holds the certificate that is, under the regulations, required for that

purpose, and

certificate.

A licensee who provides a service using a prescribed class of pesticides must

ensure that a certified individual performs the duties in relation to the use that,

under the regulations, must be performed by a certified individual.

A licensee who sells a prescribed class of pesticides must ensure that a

certified individual performs the duties in relation to the sale that, under the

regulations, must be performed by a certified individual.

An individual may apply for a certificate under this

section by submitting to

the administrator an application that

is in the form specified by the administrator for purposes of this

section,

contains the information prescribed by the administrator, and

is accompanied by the prescribed fee.

The administrator may issue a certificate to an applicant if satisfied

that

the application complies with subsection (4),

the applicant meets the prescribed criteria, and

the applicant is not subject to a restriction imposed by the administrator

under

section

15 (2) [suspension and revocation] in respect of a

certificate.

The administrator may specify in a certificate issued under subsection

(5) the date on which the certificate expires, and

administrator, and

the administrator considers appropriate in the circumstances.

Permit for use of pesticides

A person must not use or authorize the use of a prescribed pesticide or class of

pesticides or a pesticide for a prescribed use unless the person

holds the permit that is, under the regulations, required for that purpose,

and

permit.

A person may apply for a permit under this

section by submitting to the

administrator an application that

is in the form specified by the administrator for use under this

section,

contains the information prescribed by the administrator, and

is accompanied by the prescribed fee.

The administrator may issue a permit to an applicant if satisfied

that

the application complies with subsection (2),

the applicant meets the prescribed criteria,

the applicant is not subject to a restriction imposed by the administrator

under

section

15 (2) [suspension and revocation] in respect of a

permit, and

the pesticide use authorized by the permit will not cause an unreasonable

adverse effect.

The administrator may specify in a permit issued under subsection

(3) the date the permit expires, and

administrator, and

the administrator considers appropriate in the circumstances.

Use of pesticides in accordance with a pesticide use

notice

A person must not use or authorize the use of a prescribed pesticide or class of

pesticides, or use a pesticide for a prescribed use, unless

a pest management plan has been prepared that complies with the regulations

and is applicable to the pesticide use at the place specified in the pesticide use

notice,

a pesticide use notice under subsection (2) has been

provided,

a confirmation under subsection (3) has been received, and

the person who uses the pesticide acts, in relation to all matters related to

that pesticide use, strictly in accordance with the information provided in the

pesticide use notice.

For the purposes of subsection (1) (b), the person must provide to the

administrator notice of the intended use of the pesticide that

is in the form specified by the administrator for the purposes of this

section,

contains the information prescribed by the administrator,

contains the person's declaration that

a pest management plan that complies with the administrator's regulations

has been prepared, and

the person will ensure compliance with this Act and the regulations in the

use of the pesticide, and

is accompanied by the prescribed fee.

The administrator must confirm receipt of a pesticide use notice or an amended

pesticide use notice if satisfied that

the notice complies with subsection (2),

the applicant meets the prescribed criteria, and

the applicant is not subject to a restriction imposed by the administrator

under

section

15 (4) [suspension and revocation] .

A confirmation under subsection (3) must specify the date the confirmation

expires.

Confirmation by the administrator of receipt of a pesticide use notice does not

constitute acceptance or approval by the minister or the administrator of the pest

management plan to which the notice relates.

Subject to subsection (7), a person to whom a confirmation is

provided under subsection (3) must

keep, for the period prescribed by the administrator, the pest management plan

at the location identified in the pesticide use notice,

produce, without charge, the pest management plan to any person who requests

it for inspection, and

provide a copy of the pest management plan

to an inspector without charge, or

to any other person who requests it and who pays to the person who has the

pest management plan a fee of not more than the prescribed amount.

For the purposes of subsection (6), a pest management plan must be produced

under subsection (6) (

b) and a copy of a pest management plan must be provided

under subsection (6) (

c) at the location referred to in subsection (6) (a),

during normal business hours, and

within 48 hours after the request.

Minister's orders

If the minister is satisfied that an unreasonable adverse effect has resulted or

is likely to result from a pesticide use or the manner in which a pesticide is used,

handled, released, transported, stored, disposed of or sold, the minister may do one or

more of the following:

by order, restrict or prohibit the use, handling, release, transport, storage,

considers appropriate;

order the seizure of

food, equipment or an animal that is contaminated by a pesticide,

anything the minister considers a danger to human or animal health or to the

environment;

order that a thing seized under paragraph (

b) be

destroyed,

detained, or

iii

treated in such a manner that the thing will not be a danger to human or

animal health or to the environment.

The powers given by this

section may be exercised even though the use, manner of

application, storage, sale, transport or disposal of the pesticide is authorized under

permit.

Administration

Administrator

An administrator must be appointed under the Public Service

Act for the purposes of this Act.

The administrator has the powers necessary and is responsible for the

administration of this Act.

Without limiting subsection (2), in addition to the powers and duties

given or assigned to the administrator under this Act, the administrator may

refuse to issue a licence, certificate or permit,

a.1

on application by the holder, amend a licence, certificate or permit, or

refuse to make the amendment,

a.2

on the administrator's own initiative, amend a licence, certificate or

permit,

specify forms for use under this Act, and

perform other duties the minister requires.

If a qualified monitor has provided reports that the administrator considers are

inaccurate or incomplete, the administrator may require the qualified monitor to

successfully complete specified courses before the person may perform the services of a

qualified monitor under this Act.

Delegation of administrator's powers and duties

the administrator considers necessary or advisable, any of the administrator's powers,

duties or functions under this Act to any person, except the power to make

regulations.

If the administrator has made a delegation of a power, duty or function, a

reference to the administrator in relation to that power, duty or function includes the

delegate.

Inspectors

The minister or the administrator may designate as an inspector

for the purposes of this Act, a person employed by the government,

for a specific purpose under this Act, a person employed by the government,

Despite subsection (1), a conservation officer, as defined in

section 1 of the

Environmental Management Act , is an inspector for the

purposes of this Act.

On the request of an inspector for the purpose of auditing compliance with this Act and the regulations, any person who is subject to a requirement under this Act must provide to the inspector the following:

a copy of a pest management plan or any other record or information required to be kept under this Act;

any other information about the person's intended use of a pesticide, including

the date, time and location of the intended use,

the type and amount of pesticide intended to be used, and

iii

the manner in which the pesticide is intended to be used.

If anything referred to in subsection (3) changes after it has been provided to an inspector, the person referred to in that subsection must provide to the inspector the following, as applicable, unless the inspector states otherwise:

an updated copy of the pest management plan, record or information referred to in subsection (3) (a);

any changes to information referred to in subsection (3) (b).

A person who is required to provide anything under subsection (3) or (4) must do so without charge or unreasonable delay.

Qualified monitors

A person must not perform or offer to perform a function of a qualified monitor

under this Act unless the person has the prescribed qualifications.

If the administrator has imposed a requirement on a qualified monitor under

section 9

(4) [administrator] , the qualified monitor must not

perform or offer to perform a function of a qualified monitor under this Act unless the

person has satisfied the administrator's requirement.

Integrated Pest Management Committee

The minister may appoint an Integrated Pest Management Committee consisting

the administrator, who must be appointed chair,

a representative of a government ministry responsible for the administration

of each of agriculture, environmental protection, forests and health, and

other persons the minister considers appropriate.

A member of the appeal board is not eligible for membership on the

committee.

An appointment under subsection (1) must specify the term of the

appointment.

The committee must

review applications for permits and requirements for pesticide use, handling,

release, transport, storage, disposal and sale, if they are referred to the committee

by the administrator, and

perform other duties the minister requires.

Appeals to the Environmental Appeal Board

Appeals to Environmental Appeal Board

For the purposes of this section, decision means any of the

following:

making an order, other than an order under

section 8 [minister's

orders] ;

administrator, in a licence, certificate or permit;

amending or refusing to issue, amend or renew a licence, certificate or

permit;

revoking or suspending a licence, certificate, permit or

confirmation;

restricting the eligibility of a holder of a licence, certificate, permit or

pest management plan to apply for another licence, certificate or permit or to receive

confirmation;

determining to impose an administrative penalty;

(4) [administrative penalties] have not been

performed.

A declaration, suspension or restriction under

section 2 [Act may be

limited in emergency] is not subject to appeal under this

section.

A person may appeal a decision under this Act to the appeal board.

The time limit for commencing an appeal of a decision is 30 days after the date

the decision being appealed is made.

[Repealed 2015-10-109.]

Subject to this Act, Division 1 of

Part 8 of the Environmental Management Act applies to an appeal under this Act.

The appeal board may conduct an appeal by way of a new hearing.

On an appeal, the appeal board may

send the matter back to the person who made the decision being appealed, with

directions,

confirm, reverse or vary the decision being appealed, or

make any decision that the person whose decision is appealed could have made,

and that the board considers appropriate in the circumstances.

[Repealed 2015-10-109.]

Compliance

Suspension and revocation

If the administrator considers that the holder of a licence, certificate or

permit

has not been or is not complying with this Act, the regulations, an order

under this Act or a term or condition of the licence, certificate or permit,

is using, handling, storing, transporting, disposing of or selling or has

used, handled, stored, transported, disposed of or sold a pesticide in a manner that

is likely to cause or has caused an unreasonable adverse effect,

the administrator may, for the period the administrator considers

appropriate,

revoke or suspend the licence, certificate or permit, or

order the person holding the licence, certificate or permit to use or sell in

a particular manner, or to refrain from using or selling, a particular

pesticide.

If the administrator makes a revocation, suspension or order under subsection

(1), the administrator may also restrict, for the period of time the

administrator considers appropriate, the eligibility of the holder of the licence,

certificate or permit to apply for another licence, certificate or permit.

The administrator may revoke or suspend a confirmation, or order the person

holding the confirmation to refrain from using a pesticide, for the period the

administrator considers appropriate, if the administrator considers that

the holder of the confirmation has not been or is not complying with this Act,

the regulations or an order under this Act or has not acted or is not acting, in

relation to all matters related to the use of the pesticide, strictly in accordance

with the pesticide use notice, or

the holder of the confirmation is using, handling, storing, transporting or

disposing of or has used, handled, stored, transported or disposed of a pesticide in a

manner that is likely to cause or has caused an unreasonable adverse

effect.

If the administrator makes a revocation, suspension or order under subsection

(3), the administrator may order that, for the period the administrator

considers appropriate, the holder of the confirmation is not eligible to receive

confirmation that another pesticide use notice has been received in relation to the same

or another pest management plan.

Administrator's order — unreasonable adverse effect or

contravention

If the administrator believes on reasonable grounds that any of the following

are required because a person's use, handling, release, transport, storage or disposal

of a pesticide has caused or is likely to cause an unreasonable adverse effect, the

administrator may order the person, at the person's own expense, to

obtain specified services of a qualified monitor,

assess, repair, clean or decontaminate any premises, equipment or site,

and

report to the administrator respecting the assessment, repair, cleanup or

decontamination of the premises, equipment or site.

The administrator may order any person to

stop or refrain from using, handling, releasing, transporting, storing or

disposing of, or

use, handle, release, transport, store or dispose of in a particular

manner,

a particular pesticide, if the administrator considers that this activity has

caused or is likely to cause an unreasonable adverse effect.

If the administrator believes on reasonable grounds that a person has

contravened this Act or the regulations, the administrator may order the person to do

anything the administrator is authorized to order a person to do under subsection

(1) or (2), whether or not an unreasonable adverse effect

has resulted.

Inspections

For the purposes of ensuring compliance with this Act and the regulations, an

inspector may enter land or premises, except premises or a part of premises occupied

solely as a private residence, at any reasonable time if the inspector has reasonable

grounds to believe that

a pesticide is located on or in the land or premises,

the land or premises is the site of an activity for which a licence,

certificate, permit or confirmation is required, or

a container or equipment that is or may be used to contain, mix, store or

apply a pesticide is located on the land or in the premises.

An inspector who enters land or premises under subsection (1), with consent

under

section

18 (1) or with a warrant under

section 18 (2) may do any of the

following:

inspect, analyze, sample or test a pesticide or any equipment or container

that the inspector believes has been, is being or may be used, to contain, prepare,

mix or apply a pesticide;

investigate the manner in which a pesticide has been, is being or may be used,

sold, stored, transported or disposed of;

inspect any place at which the inspector believes a pesticide has been, is

being or may be used, sold, stored, transported or disposed of;

inspect records that the inspector believes relate to a pest management plan

or the use, sale, storage, transportation or disposal of a pesticide;

inspect, analyze, sample or test anything that the inspector believes is

contaminated by the use, sale, storage, transportation or disposal of a

pesticide;

for the purposes of paragraphs (

a) and (e), take away a sample of

anything;

require that anything related to the use, manner of application, storage,

sale, transport or disposal of a pesticide be operated, used or set in motion under

conditions specified by the inspector;

use a computer system at the place that is being inspected to examine data

related to the use, manner of application, storage, sale, transport or disposal of a

pesticide contained in or available to the computer system;

record or copy any information related to the use, manner of application,

storage, sale, transport or disposal of a pesticide by any method;

use a machine, a structure, material or equipment in the place that is being

inspected as is necessary to carry out the inspection;

use copying equipment located at the place that is being inspected to make

copies to take away;

take photographs or make audio or video records.

An inspector exercising authority under this

section must produce proof of

identity on the request of a person whose land or premises the inspector

enters.

A person who is or was a director, receiver, receiver manager, officer,

employee, banker, auditor or agent of a person who is the subject of an inspection under

this

section must, on the request of the inspector,

produce, without charge or unreasonable delay, for examination by the

inspector

any licence, certificate, permit, pest management plan, confirmation or

record of pesticide use or sale, and

any other record that touches on any matter relating to the use, handling,

transporting, storage, disposal, purchase or sale of pesticides by the person who is

the subject of the inspection, and

provide the inspector with information relevant to the purposes of the

inspection.

Inspection of private residence

An inspector may exercise the powers under

section

17 [inspections] in respect of premises used as a

private residence only with the consent of the occupant or under the authority of a

warrant under subsection (2) or another Act.

If satisfied by evidence on oath that access to premises, or a part of premises,

used solely as a private residence is necessary for the purposes of this Act, a justice

may issue a warrant authorizing a person named in the warrant to enter into the premises

and conduct an inspection.

Inspection of vehicles

In this section, vehicle includes a motor vehicle as defined

in the Motor Vehicle Act and a vessel.

For the purposes of ensuring compliance with this Act and the regulations, if an

inspector has reasonable grounds to believe that a vehicle is being used to transport a

pesticide, an inspector may

require a person operating the vehicle to stop the vehicle and provide

identification, and

carry out an inspection of the vehicle.

When requested or signalled to do so by an inspector who is readily identifiable

as a conservation officer, the operator of a motor vehicle must immediately

stop the vehicle, and

provide identification and the information that the inspector considers

necessary to determine whether this Act and the regulations are being complied

with.

For the purposes of carrying out an inspection under this section, an inspector

may

require that any compartment of the vehicle or any container in or on the

vehicle be opened, and

exercise any of the powers under

section 17

(2) [inspections] .

Seizure and prevention order

If an inspector concludes in the course of an inspection under this Act that the

inspector has reasonable grounds to believe that a person has contravened or is

contravening this Act or the regulations, the inspector may

order a person to do anything the inspector considers necessary to stop the

contravention or prevent another contravention, and

seize anything validly inspected by the inspector that the inspector believes

on reasonable grounds

was used or is being used in the contravention, or

will afford evidence of the contravention.

Sections 23 (4) and 24 to 24.2 of the Offence

Act apply in respect of anything seized under subsection

(1) of this

section and, for the purposes of

section 23 (4) of the

Offence Act , an inspector is deemed to be a peace

officer.

If, under

section 24 (2) (

a) of the Offence

Act , a justice orders that something referred to in subsection

(2) of this

section be detained, despite

section 24 (3) of the Offence

Act , the thing may be detained for up to one year before an

order under

section 24 (5) of that Act, authorizing its continued detention, is

required.

Despite subsections (2) and (3),

nothing seized under this Act may be returned unless, in the opinion of the

administrator, any risk of an unreasonable adverse effect has been

eliminated,

if, in the opinion of the administrator, something seized under this Act must

be destroyed or decontaminated in order to eliminate a risk of an unreasonable adverse

effect, the administrator may order the thing to be decontaminated or destroyed and

the cost of decontamination or destruction is a debt due to the government by the

person from whom it was seized and may be recovered in accordance with subsection

(5), and

section

22 of this Act applies in respect of anything destroyed by order under

paragraph (b).

For the purpose of recovering a debt referred to in subsection (4)

(

b) the administrator may

issue a certificate setting out the name of the person who is liable for the

debt and the amount owing by that person, and

file the certificate with a court that has jurisdiction.

A certificate filed with a court under subsection (5) has the same

force and effect, and all proceedings may be taken on it, as if it were a judgment of

the court with which it is filed

for the recovery of a debt of the amount set out in the certificate,

and

against the person named in the certificate.

Sections 23 to 24.2 of the Offence

Act and subsection (3) of this

section do not apply in respect

of anything ordered destroyed under subsection (4) (

b) of this section.

Sections 23 to 24.2 of the Offence

Act do not apply in relation to anything taken in the course of an

inspection under

section 17, 18 or 19 of this

Act unless subsection (1) of this

section applies.

Duty of persons being inspected

A person must not interfere with an inspector's rights of entry and inspection

under this Part [Compliance] .

On the request of an inspector, a person on the land, premises or vehicle and

who the inspector reasonably believes is involved in the use, activity or equipment

being inspected must provide proof of identity.

No compensation

Compensation is not payable in respect of anything lawfully seized, detained,

treated or destroyed under this Act.

Administrative penalties

Subject to the regulations, if the administrator is satisfied on a balance of

probabilities that a person has

contravened a prescribed provision of this Act or the regulations,

failed to comply with an order under this Act, or

failed to comply with a requirement of a licence, certificate or permit

issued, or a pesticide use notice given, under this Act,

the administrator may serve the person with a determination requiring the person

to pay an administrative penalty in the amount specified in the

determination.

A determination under subsection (1) must be in the prescribed form and

contain the prescribed information.

A penalty imposed under this

section must be paid within the prescribed

time.

Before the date an administrative penalty under this

section is due, the

administrator may, subject to the regulations, enter into an agreement with the person

who is liable for the penalty.

An agreement under subsection (4) may provide, in accordance with the

regulations, for the reduction or cancellation of the penalty subject to the terms and

conditions the administrator considers necessary or desirable.

An agreement under subsection (4) must specify the time for performing

the penalty specified in the determination under subsection (1) is due and

payable on that date.

Neither the administrator's decision whether to enter into an agreement under

Part

4 [Appeals to the Environmental Appeal

Board] .

If the administrator makes a determination requiring a person to pay an administrative penalty in

respect of a contravention or failure referred to in subsection (1), a prosecution

for an offence under this Act in respect of the same contravention or failure may not be

brought against the person.

If a corporation contravenes this Act or the regulations or fails to comply with

an order or the terms of a licence, certificate or permit as described under subsection

(1), an employee, officer, director or agent of the corporation who

authorized, permitted or acquiesced in the contravention or failure is also liable under

this section, even though the corporation is liable for or pays an administrative

penalty.

Effect of charging an offence

An administrative penalty under this Act may not be determined against a person in

respect of

an act or omission if the person has been charged with an offence under this

Act in respect of the same act or omission.

Recovery of administrative penalties

Subject to a decision of the appeal board cancelling a determination under

section 23

(1) [administrative penalties] , an administrative

penalty under this Act may be recovered as a debt due to the government.

If a person fails to pay an administrative penalty as required under

section

23 [administrative penalties] , the administrator may

file a certificate in a court that has jurisdiction and, upon filing, the certificate

has the same force and effect, and all proceedings may be taken on it, as if it were a

judgment of the court with which it is filed.

A certificate under subsection (2) may be in the prescribed form, must be

signed by the administrator and must contain

the name of the person who is liable for the penalty,

the contravention or failure in relation to which the penalty is imposed,

and

the amount of the penalty.

General

Offences and penalties

A person who does any of the following commits an offence:

contravenes

section 3 (1) (a), (

b) or (

c) or (2) (a), (

b) or (c) [general

prohibitions and restrictions] ,

section 4 (1) (a), (b), (

c) or (d) [licence for sale or use of

pesticides] ,

iii

section 5 (1), (2) or (3) [certificate for use or sale of

pesticides by individuals] ,

section 6

(1) [permit for use of pesticides] ,

section 7 (1), (6) (a), (

b) or (

c) or (7) [use of pesticides in

accordance with a pesticide use notice] ,

section 12 (1) or (2) [qualified monitors] , or

vii

section 21

(2) [duty of persons being inspected] ;

obstructs, hinders or resists the exercise by the administrator,

the appeal board, an inspector or another person of powers or duties under this

Act;

refuses or fails to comply with an order of the minister, the

administrator, the appeal board or an inspector;

obtains, in purported compliance with regulations requiring the services of a

qualified monitor, the services of an individual who the person knows or ought to know

is not a qualified monitor;

makes a false statement to or misleads or attempts to mislead

the administrator, the appeal board, an inspector or another person in the exercise of

powers or duties under this Act;

fails to comply with an order under

section

31 [additional sentencing orders] or a variation under

section

32 [variation of

section 31

orders] .

An individual who is convicted of an offence under this Act is liable to a fine

of not more than $200 000 or to imprisonment for 6 months, or to both, and if convicted

of a subsequent similar offence, to a fine of not more than $400 000 or to imprisonment

for 6 months, or to both.

A corporation that is convicted of an offence under this Act is liable to a fine

of not more than $400 000, and if convicted of a subsequent similar offence, to a fine

of not more than $800 000.

Offence by a corporation

If a corporation commits an offence under this Act, an employee, officer,

director or agent of the corporation who authorized, permitted or acquiesced in the

offence commits the offence, whether or not the corporation is convicted.

In a prosecution for an offence, it is sufficient proof of the offence to

establish that the offence was committed by an employee or agent of the accused, whether

or not the employee or agent is identified or has been prosecuted for the offence,

unless the accused establishes that the offence was committed without the accused's

knowledge or consent or that the accused exercised all due diligence to prevent the

commission of the offence.

Continuing offences

If a contravention under

section 26 [offences and penalties]

continues for more than one day, on conviction, the offender is liable to a separate

penalty in the applicable amount under

section 26, without notice and without a separate count

being laid, for each day that the contravention occurs.

Time limit for prosecuting offence

The time limit for laying an information for an offence under this Act

3 years after the date that the facts on which the information is based arose,

if the minister issues a certificate described in subsection

(2), 18 months after the date that the facts on which the information is

based first came to the knowledge of the minister.

A certificate purporting to have been issued by the minister, certifying the

date that the facts on which the information is based first came to the knowledge of the

minister,

is admissible without proof of the signature or official character of the

person appearing to have signed the certificate, and

is proof of the certified matters.

Additional fine

If a person is convicted of an offence under this Act and the court is satisfied

that, as a result of the commission of the offence, the person acquired any monetary

benefits or that monetary benefits accrued to the person, the court may order the person

to pay a fine equal to the court's estimation of the amount of those monetary

benefits.

A fine under subsection (1) is in addition to and not in place of a fine under

section

26 [offences and penalties] .

Additional sentencing orders

If a person is convicted of an offence under this Act, in addition to any

punishment imposed, the court may, having regard to the nature of the offence and the

circumstances surrounding its commission, make an order containing one or more of the

following prohibitions, directions or requirements:

prohibiting the person from doing any act or engaging in any activity that

may, in the opinion of the court, result in the continuation or repetition of the

offence;

directing the person to take any action the court considers appropriate to

remedy or avoid any harm to the environment that resulted or may result from the

commission of the offence;

directing the person to pay the government an amount of money as compensation,

in whole or in part, for the cost of any remedial or preventive action taken by or

caused to be taken on behalf of the government as a result of the commission of the

offence;

directing the person to perform community service;

directing the person to pay an amount of money the court considers appropriate

to the trustee under

Part 3 of the Wildlife

Act for inclusion in the trust property, as that term is

defined in

section 118 of that Act;

directing the person to post a bond or pay into court an amount of money the

court considers appropriate for the purpose of ensuring compliance with any

prohibition, direction or requirement under this section;

directing the person to submit to the minister, on application by the minister

within 3 years after the date of the conviction, any information respecting the

activities of the person that the court considers appropriate in the

circumstances;

directing the person to publish, in any manner the court considers

appropriate, the facts relating to the commission of the offence;

requiring the person to comply with any other conditions that the court

considers appropriate to secure the person's good conduct and to prevent the person

from repeating the offence or committing other offences under this Act.

If a person fails to comply with an order referred to in subsection (1)

(h), the minister may publish the facts relating to the commission of the

offence and recover the costs of publication from the person.

an order under this

section or

section

32 [variation of

section 31 orders] directs a

person to pay an amount of money as compensation or for any other purpose,

the minister incurs publication costs under subsection (2) of this

section,

the amount and any interest payable on that amount constitute a debt due to the

government and may be recovered as such in any court of competent

jurisdiction.

Variation of

section 31 orders

An application for variation of an order under

section 31 [additional

sentencing orders] may be made to the court that made the order

the Attorney General, or

the person against whom the order under

section 31 was

made.

Before hearing an application under subsection (1), the court may

order the applicant to give notice of the application in accordance with the directions

of the court.

On an application under subsection (1), if the court considers variation to be

appropriate because of a change in circumstances, the court may make an order doing one

or more of the following:

changing the original order or any conditions specified in it;

relieving the person referred to in subsection (1) (

b) absolutely

or partially from compliance with all or part of the original order;

reducing the period for which the original order is to remain in

effect;

extending the period for which the original order is to remain in effect,

subject to the limit that this extension must not be longer than one year.

If an application under subsection (1) has been heard by a court, no other

application may be made in respect of the order under

section 31 except with leave of

the court.

Sections 4 and 5 of the Offence Act

Sections 4 and 5 of the Offence

Act do not apply in respect of this Act or the

regulations.

Evidence

A certificate signed by an analyst designated by the minister, stating that the

analyst has analyzed or examined a substance and stating the result of the analysis or

examination, is admissible in evidence in a proceeding under this Act as proof of the

facts stated in the certificate without proof of the signature or designation of the

person signing the certificate.

The minister may, in writing, designate analysts for the purposes of this

section.

Service

Anything that under this Act must be given or served on an individual may be given or served

by leaving it with the individual,

by sending it by registered mail to the last known address of the individual, or

by sending it by electronic mail to the last known electronic mail address of the individual used in relation to a licence, permit, certificate, pesticide use notice, order, inspection or investigation under this Act.

Anything that under this Act must be given or served on a corporation may be given or served

by leaving it with any director, senior officer, liquidator or receiver manager of the corporation,

by sending it by registered mail as follows:

if the corporation is a company within the meaning of the Business Corporations Act , to the mailing address shown in the corporate register for the registered office of the corporation;

if the corporation is an extraprovincial company within the meaning of the Business Corporations Act ,

to the mailing address shown in the corporate register for the corporation if that head office is in British Columbia, or

to the mailing address shown in the corporate register for any attorney of the corporation;

iii

in all other cases, to the head office of the corporation, or

by sending it by electronic mail to the last known electronic mail address

of the corporation or of a director, officer or employee of the corporation, and

used in relation to a licence, permit, certificate, pesticide use notice, order, inspection or investigation under this Act.

Anything sent by registered mail for the purposes of this Act is deemed to be received by the person to whom it is addressed on the 14th day after deposit with Canada Post, unless the person received actual service before that day.

Anything sent by electronic mail for the purposes of this Act is deemed to be received by the person to whom it is addressed on the third day after it is sent.

This

section does not apply to notices or documents of the appeal board.

Regulations — general rules

Regulations under this Act may be different for different classes of pesticides,

pesticide sales or pesticide uses and in relation to different categories of licences,

permits, certificates or confirmations.

If a regulation under this Act may establish standards, the regulation may adopt

by reference, in whole or in part and with any changes considered appropriate by the

minister or the administrator, as applicable, a code, standard or rule

set by a provincial, national, international or any other code or standard

making body, or

enacted as or under a law of another jurisdiction, including a foreign

jurisdiction.

A code, standard or rule referred to in subsection (2) may be adopted as

amended from time to time.

Power to make regulations

The Lieutenant Governor in Council may make regulations referred to in

section 41

of the

Interpretation Act .

Without limiting subsection (1), the Lieutenant Governor in Council may

make regulations as follows:

for the purposes of

section 23 [administrative

penalties] ,

prescribing procedures for making a determination including, but not limited

to,

prescribing the form of and information to be contained in a notice of intent to make a determination,

prescribing contraventions of this Act or the regulations in relation to

which a notice of intent to make a determination may be sent and a determination made,

and

establishing procedures for providing a person on whom a notice of intent to make a determination has been served with an opportunity to make

representations, which need not entail an oral hearing,

prescribing a

schedule of administrative penalties that may be imposed and

the matters that must be considered by the administrator in establishing a penalty

in a particular case,

iii

authorizing administrative penalties to be imposed on a daily basis for

continuing contraventions or failures,

prescribing time limits for paying administrative penalties,

prescribing, in relation to a contravention or failure described in

section

23 (1), whether a notice of intent to make a determination must be cancelled

if the person on whom it was served demonstrates to the satisfaction of the

administrator that the person exercised due diligence to prevent the specified

contravention or failure,

be included, under

section 23 (4),

vii

prescribing a limitation period for imposing an administrative penalty and

evidentiary matters in relation to that period,

viii

prescribing methods of paying a monetary penalty,

prescribing the consequences of failing to pay an administrative penalty

which may include, but are not limited to, imposing additional penalties,

providing for the publication of the administrator's determination to impose an

administrative penalty, and

prescribing the form of a certificate under

section

25 [recovery of administrative

penalties] ;

despite any other enactment, restricting the authority of a municipality or a

regional district to make bylaws in relation to prescribed pesticide uses, which may

include, but are not limited to, uses of pesticide

in the management of pests for purposes of protecting human health and the

environment,

in the management of non-indigenous pests, and

iii

on land used for agriculture, forestry, transportation, public utilities and

pipelines.

Minister's regulations

The minister may make regulations referred to in

section 41 of the

Interpretation Act .

Without limiting subsection (1), the minister may make regulations as

follows:

classifying substances as pesticides;

establishing classes of pesticides;

prescribing micro-organisms, materials, substances or control products as

excluded from the definition of "pesticide", or as excluded from the definition of

"pesticide" if used for a specified purpose or in a specified manner;

prescribing, for the purposes of

section 4 [licence for

sale or use of pesticides] , exceptions for

section 4 (1) (a), (

c) and

(

d) and uses for

section 4 (1) (b);

prescribing classes of pesticides for the purposes of

section 5

(1), (2) or (3) [certificate

for sale or use of pesticides by individuals] , uses for the purposes of

sections 5

(1), 6 (1) [permit for use of

pesticides] and 7 (1) [use of pesticides in accordance

with a pesticide use notice] and pesticides for the purposes of sections 6

(1) and 7 (1);

prescribing the circumstances in which a licensee must engage the services of

a certified person;

prescribing criteria for the purposes of sections 4 (3) (b), 5 (5) (b),

6 (3)

(

b) and 7 (3) (b);

prescribing requirements that a person or class of persons who apply for a

licence, certificate, permit or confirmation be bonded under the Bonding Act or hold public liability insurance

against personal injury and property damage

in the amount

that may be specified in the regulations;

prescribing requirements for the use, containment, transport, storage or sale

of a pesticide;

prescribing requirements for applicants to provide for public consultations

that must be conducted in relation to a proposed use of a pesticide;

prescribing requirements for records and reports that must be prepared or kept

about the public consultations required by regulations under paragraph

(j);

prescribing requirements for public notification in relation to a proposed use

of a pesticide, including, without limitation, requirements for any person to provide

for public notification;

prescribing requirements for records or information to be prepared or kept by a person or class of persons who use, store, transport, sell or dispose of a pesticide, including records or information respecting intended pest management activities;

prescribing requirements for monitoring and assessment of pesticides,

pesticide residues and site conditions in relation to uses or proposed uses of

pesticides;

respecting qualified monitors, including without limitation,

prescribing the qualifications, skills and level of knowledge a person must

have to act as a qualified monitor, and

prescribing circumstances in which or criteria for determining when a person

must engage the services of a qualified monitor at the person's own

expense;

prescribing requirements for the disposal of pesticides and of equipment or

containers that have been used to store or use pesticides;

requiring persons who hold licences to sell pesticides to participate in a

program for the management of residual pesticides and, in relation to this,

establishing requirements for a program,

designating a program for the management of residual pesticides that is

established under another enactment, and

iii

prohibiting persons from selling pesticides unless they comply with the

regulations relating to the program;

prescribing fees that must accompany applications for licences, certificates

and permits and pesticide use notices, or amendments to any of them, and the fees may

be different depending on the category or duration of the licence, certificate, permit

or confirmation;

prescribing fees for any services provided by the government under or in

relation to this Act;

prescribing the maximum amount of a fee that may be charged to any person for

a copy of a pest management plan;

exempting persons or pesticides or classes of persons or pesticides from any

requirement under the regulations;

providing that the contravention of a regulation constitutes an

offence;

establishing penalties for offences under the regulations up to $200 000 or

$200 000 for each day that an offence continues;

defining a word or expression used but not defined in this Act for the

purposes of this Act and regulations.

A regulation under this

section may delegate to the administrator those powers

and functions that the minister considers desirable.

In the event of a conflict between a regulation of the administrator and a

regulation of the minister, the regulation of the minister prevails.

Administrator's regulations

The administrator may make regulations as follows:

assigning pesticides to classes established under

section 38 (2)

(b) [minister's regulations] ;

prescribing categories of licences, certificates, permits and confirmations for

pesticides, pesticide sales and pesticide use and establishing the circumstances in

which a particular category is required;

categories of licences, certificates and permits;

establishing standards for training and examinations that must be successfully

completed for a person to meet the criteria prescribed by the minister for a

certificate;

prescribing the information required for the purposes of sections 4 (2)

(b) [licence for sale or use of pesticides] , 5 (4) (b)

[certificate for sale or use of pesticides by individuals] , 6 (2)

(b) [permit for use of pesticides] and 7 (2) (b) [use of

pesticides in accordance with a pesticide use notice] ;

establishing standards for the protection of the environment and human health

for the use of pesticides which may be different for different industries and

activities;

establishing standards for the following in respect of pesticides, pesticide

containers or pesticide equipment:

storage;

transport;

iii

disposal;

respecting the sale of pesticides, including

prescribing the manner in which and period for which records respecting

pesticide sales must be kept, and

prescribing the conditions that a person who holds a licence must satisfy for

the sale of a pesticide, including, without limitation, prescribing duties for the

purposes of

section 5 (3);

respecting pest management plans, including, without limitation,

requiring that a pest management plan be prepared in accordance with the

principles of integrated pest management and prescribing the information that must be

included in the plan,

prescribing the information that must be provided in a pesticide use

notice,

iii

prescribing the manner in which a pesticide use notice must be provided,

and

prescribing the period for the purpose of

section 7 (6)

(a) [use of pesticides in accordance with a pesticide use

notice] ;

respecting public consultation, including

prescribing the manner and extent of consultation required,

prescribing the records and reports respecting consultations copies of which

must be provided to the administrator, and

iii

prescribing the period for which records and reports referred to in subparagraph

(ii) must be kept and made available for inspection to persons

specified in the regulations;

prescribing the manner in which public notification is to be given, including

public notification about a proposed pesticide use in and around multiple residence

buildings;

respecting the use of pesticides, including

prescribing the manner in and period for which records respecting pesticide

use must be kept, and

prescribing the conditions that a person who holds a licence must satisfy for

the use of a pesticide, including, without limitation, prescribing duties for the

purposes of

section 5 (2) [certificate for sale or use of pesticides by

individuals] ;

prescribing the standards for assessment, monitoring and reporting services that

a qualified monitor must provide in relation to a pesticide use under a licence or

permit or in accordance with a pesticide use notice.

Transitional and Consequential Provisions

Transition from Pesticide Control Act

A licence or a certificate issued under the Pesticide Control

Act that is valid and subsisting on the date this Act comes into

force is deemed to have been issued under and in accordance with this Act.

Despite the repeal of the Pesticide Control

Act , that Act and the regulations under it, as they read on the

day before the date this Act comes into force, continue to apply in respect of a permit

issued or a pest management plan approved under that Act that is valid and subsisting on

the date this Act comes into force, until the permit or plan expires, is withdrawn or is

revoked.

The administrator may designate a person who may exercise the powers of the

administrator under the Pesticide Control Act in relation to

amending, suspending or revoking a permit or an approved pest management plan to which

subsection

(2) applies.

The administrator may waive requirements of this Act or the regulations or

impose different requirements for a confirmation for a person who applied for approval

of a pest management plan before the date this Act comes into force if the administrator

or assistant administrator is satisfied that the activities already performed for the

purpose of obtaining an approval substantially satisfy the requirements for obtaining a

confirmation.

Subsection

(2) ceases to apply in respect of a valid and subsisting pest management

plan approved under the Pesticide Control Act if the holder

provides a pesticide use notice in respect of the plan and the administrator confirms

the notice.

Transitional regulations

The Lieutenant Governor in Council may make regulations the Lieutenant Governor

in Council considers necessary or advisable for the orderly transition from the

application of the Pesticide Control Act to its

replacement by this Act.

Unless earlier repealed, a regulation under this

section is repealed 2 years

after the regulation is enacted.

Consequential Amendments and Repeal

42-45

[Note: See Table of Legislative Changes for the status of sections 42 to 46.]

Section(

s) Affected Act

Farm Practices Protection (Right to Farm) Act

Forest Practices Code of British Columbia Act

Hydro and Power Authority Act

Pesticide Control Act

Amendments to this Act

Section(

s) Affected Act

Integrated Pest Management Act

Commencement

This Act comes into force by regulation of the Lieutenant Governor in

Council.