This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright © 2011, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Pesticide Regulations

made under

Section 84 of the

Environment Act

S.N.S. 1994-95, c. 1

O.I.C. 95-300 (April 11, 1995), N.S. Reg. 61/95

as amended by O.I.C. 2013-17 (January 22, 2013), N.S. Reg. 14/2013

Table of Contents

Citation

Interpretation

Administrator

Exemption from regulations

Application of federal statutes

Part I - Certificates of Qualification

Prohibitions

Certificates of qualification

Application process

Supervisory restrictions

Business operator

Records

Part II - Pesticide Approvals

Approvals

Part III - General

Public notice

Prohibitions

Pesticide research

Filling/flushing

Contingency plan

Pesticide containers

Buffer zones

Cancelled registered pesticides

Protected water area

Part IV - User Pesticide Storage Facilities

User pesticide storage

Part V - Vendor Pesticide Storage Facilities

Vendor pesticide storage

Storage approval

General restriction on facility location

Storage requirements

Access to site

Safety measures

Maintenance and inspection of facility

Abandonment

Part VI - Effective Date

Citation

1 These regulations may be cited as the Pesticide Regulations .

Interpretation

2 In these regulations

(a) “Act” means the Environment Act ;

(b) “Administrator” means a person appointed pursuant to

Section 3 of these

regulations, and includes an acting Administrator;

(c) “animal” includes vertebrates, invertebrates and micro-organisms whether

wild, domestic, living or dead, but does not include humans;

(d) “buffer zone” means an area where a pesticide shall not be directly applied;

(e) “certification” means a type of pest management activity for which a person

can become certified by obtaining a certificate of qualification;

(f) “certified applicator” means a person who has obtained a certificate of

qualification under these regulations to apply a pesticide;

(g) “commercial applicator” means a person, other than a private applicator, who

uses or supervises the use of a pesticide;

(h) “commercial class” means a class of pesticides designated by the Federal

Regulatory Authority;

(i)“contamination” means

(

i) any significant adverse effect which the Minister believes on reasonable

and probable grounds is or may be causing harm to any part of the

environment, or

(ii) the presence of a hazard to an organism, other than the target organism,

which the Minister believes on reasonable and probable grounds is or

may be detrimental to the normal physiological functions of human,

animal or plant life;

(j) “Department” means the Department of Environment;

(k) “Federal Regulatory Authority” means the Federal Minister responsible for

regulating pest control products;

(l) “fumigant” means a chemical that, for uses regulated by the Federal Regulatory

Authority, can exist in a gaseous state at a required temperature and pressure

that is lethal to a given pest;

(m) “land” means surface land, land covered by water, subsoil, matter beneath the

subsoil or any combination thereof, but does not include land inside a building

or structure;

(n) “micro-organism” means a microscopic plant or animal, including a bacterium,

virus, fungus, alga and protozoon;

(o) “Minister” means the Minister of Environment;

(p) “pest” means any plant, animal, micro-organism or any organic functions of a

plant, animal, or micro-organism, including any insect, nematode, rodent,

predatory animal, parasite, bacterium, fungus, weed, or other form of plant or

animal life or virus, the Minister believes is or may be injurious, noxious or

troublesome, but does not include a virus, parasite, bacterium or fungus in a

living person or animal;

(q) “pesticide” or “pest control product” means

(

i) any substance that is sold or represented for use in preventing,

destroying, repelling, attracting, or mitigating, directly or indirectly, any

pest,

(ii) any substance that is a pest control product within the meaning of the

Pest Control Products Act (Canada) or is intended for use as a pest

control product,

(iii) any substance that is a plant growth regulator, a defoliant or a plant

desiccant,

(iv) a fertilizer within the meaning of the Fertilizers Act (Canada) that

contains a substance referred to in subclauses (i), (ii), or (iii), or

(

v) any other substance designated as a pesticide in the regulations,

but does not include a substance that is intended for sale, sold or represented

for use in potable water to prevent or destroy bacteria, parasites or viruses if the

substance is not a pest control product within the meaning of the Pest Control

Products Act (Canada);

(r) “pesticide research” means a limited pest control program authorized by the

Federal Regulatory Authority;

(s) “pesticide storage facility” means a facility that is used to store pesticides;

Clause 2(

s) amended: O.I.C. 2013-17, N.S. Reg. 14/2013.

(t) “plant” means an organism which usually derives part of its sustenance by

photosynthesis and part by root sorption, and includes a parasitic plant, tree,

shrub, weed, grass, fern, moss or micro-organism;

(u) “private applicator” means a person who applies or supervises the application

of a pesticide on property owned, leased, or rented

(

i) by the applicator,

(ii) by an employer of the applicator, or

(iii) by another person,

if the pesticide is applied without monetary compensation or reward to the

applicator other than trading services;

(v) “restricted class” means a class of pesticides designated as a restricted class by

the Federal Regulatory Authority;

(w) “sell” includes sale, offer for sale, expose for sale, display or advertise for sale,

or have possession of for the purpose of sale or distribution;

(x) “treatment site” means the area to which a pesticide is applied;

(y) “vendor of a pesticide” means a person who for hire or reward, sells, supplies

or distributes directly to a user, or stores a pesticide, but does not include a

farmer or other person who stores a pesticide for their own use and not for

resale or distribution.

[Note: the references to the Department in clauses (

j) and (

o) have been updated in accordance with Order

in Council 2008-161 under the Public Service Act , R.S.N.S. 1989, c. 376, effective April 1, 2008.]

Administrator

3 The Minister may appoint an Administrator to administer these regulations.

Exemption from regulations

4 These regulations do not apply to the use or sale of a germicidal, disinfectant, veterinary, or

sanitizing product registered under the Pest Control Products Act (Canada).

Application of federal statutes

5 The requirements of these regulations are in addition to any applicable federal legislation,

including the Fertilizers Act (Canada) and the Pest Control Products Act (Canada) and

regulations made pursuant to those statutes.

Part I - Certificates of Qualification

Prohibitions

(1) No person shall apply a commercial class or restricted class pesticide unless that

person holds a valid certificate of qualification.

(2) No person shall sell or store for gain or reward a commercial class or restricted class

pesticide unless that person holds a valid certificate of qualification.

Certificates of qualification

(1) The Minister or an Administrator may issue the following classes of certificates of

qualification:

(

a) Class I(A)–Commercial Vendor’s Certificate which authorizes the holder to

sell, supply, or distribute a pesticide directly to a pesticide user or to store, for

hire or reward, a commercial or restricted pesticide;

Clause 7(1)(

a) amended: O.I.C. 2013-17, N.S. Reg. 14/2013.

(aa) Class I(B)–Domestic Vendor’s Certificate which authorizes the holder to sell,

supply or distribute directly to a pesticide user pesticides that are designated by

the federal regulatory authority as domestic-class pest control products;

Clause 7(1)(aa) added: O.I.C. 2013-17, N.S. Reg. 14/2013.

(

b) Class II–Structural Certificate which authorizes the holder to use a pesticide,

other than a herbicide or fumigant, for the prevention or control of pests in or

around a structure, excluding plant pests in a greenhouse;

(

c) Class III (A)–Forestry Certificate which authorizes the holder to use a pesticide

by ground application including site preparation, brushing, crop tree release,

thinning, insect control, disease control and vertebrate control in a forest

management operation, forest seed orchard, outdoor nursery, or plantation;

(

d) Class III (B)–Greenhouse Certificate which authorizes the use of a pesticide,

other than the use of a restricted class fumigant gas in a greenhouse during the

storage, display or production of an agricultural crop including vegetables,

ornamental trees, mushrooms and forest tree seedlings and the use of pesticides

on areas immediately surrounding a greenhouse;

(

e) Class III (C)–Industrial Vegetation Certificate which authorizes the use of a

herbicide by ground application to control weeds in an industrial area including

a roadside, powerline, pipeline, right-of-way, railway, well site, equipment

yard, or non-crop land;

(

f) Class III (D)–Landscape Certificate which authorizes the use of a pesticide,

other than a restricted class fumigant gas, for the maintenance of ornamentals,

shrubs, flowers and turf on outdoor residential, recreational, commercial and

public land, including the use of a pesticide in an outdoor nursery for

propagation of landscape and garden plants;

(

g) Class IV–Mosquito and Biting Fly Certificate which authorizes the use by

ground application of an insecticide for control of mosquitoes or biting flies;

(

h) Class V–Aquatic Vegetation Certificate which authorizes the use of a herbicide

by ground application for the control of aquatic weeds in standing or running

water in areas left exposed during periods of low water, including the use of a

herbicide in a lake, river, irrigation canal, or ditch;

(

i) Class VI–Fumigation Certificate which authorizes the use of a fumigant for

soil fumigation or fumigation in an enclosed structure, including a grain bin,

elevator, building, railcar, truck, or closed vault;

(

j) Class VII–Aerial Certificate which authorizes the use from an aircraft of a

pesticide on any land or water;

(

k) Class VIII–Agriculture Certificate which authorizes the use of a pesticide, other

than a restricted class fumigant gas, by ground application for the protection of

an agricultural crop or livestock, including use for control of noxious weeds,

birds and rodent control in a farm pond with no outflow, use on a Christmas

tree plantation, use on livestock and poultry pests, use in farm seed treatment,

use for soil fumigation and use around farm buildings associated with crop and

livestock production, but not including use in a greenhouse or commercial seed

treatment;

(

l) Class IX–Business Operator's Certificate which authorizes the holder to carry

on a commercial pesticide business or enter into contracts to handle, use, store

or sell to a user a commercial class or restricted class pesticide; and

(

m) Class X–Special Certificate which authorizes the use of a pesticide for a

purpose not included in Classes II to VIII.

(2) A limited class [may] be created by the Minister or an Administrator for the

application of a pesticide restricted to a certain activity within one certification class.

(3) A Class III or Class VIII certificate of qualification may be issued by the Minister or

an Administrator to a private applicator or a commercial applicator.

(4) Subject to subsection (3), a certificate of qualification under subsection (1) may only

be issued to a commercial applicator.

Application process

(1) An applicant for a certificate of qualification shall complete an application in a form

approved by an Administrator.

(2) Before being issued a certificate of qualification, an applicant shall complete an

examination and achieve a minimum score of 75%.

Subsection 8(2) replaced: O.I.C. 2013-17, N.S. Reg. 14/2013.

(3) A certificate of qualification shall be valid for a period of 5 years from the date of

issuance with the exception of a Class IX Certificate which shall be valid for 1 year

from the date of issuance.

(4) The holder of a certificate of qualification may be retested once in every 5-year period from the date of the issuance of the initial certificate of qualification.

(5) A certificate of qualification shall entitle the holder to perform only those uses that

the class of certificate of qualification authorizes the holder to perform and no other

uses.

(6) No certificate of qualification issued pursuant to these regulations is transferable.

(7) Unless agreed otherwise in writing by an Administrator, no person shall apply for a

certificate of qualification under these regulations unless that person is at least

18 years of age.

Supervisory restrictions

(1) A private applicator who is a certified applicator in Class III or VIII may directly

supervise a non-certified applicator where

(

a) the non-certified applicator performs the same use as authorized in the

certificate of qualification held by the certified applicator; and

(

b) the non-certified applicator is at least 18 years of age.

(2) A commercial applicator who is a certified applicator may directly supervise a non-certified applicator where

(

a) the certified applicator holds a valid Class II, III, or VIII certificate of

qualification;

(

b) the certified applicator is present at the treatment site at all times while the non-certified applicator is applying a pesticide; and

(

c) an Administrator is notified when the supervision of the non-certified

applicator will occur.

(3) A non-certified applicator may only be supervised by a commercial applicator under

subsection (2) for one 30-day period.

(4) A certified applicator referred to in subsections (1) and (2) is responsible for all

actions respecting the application of pesticide by the non-certified applicator.

Business operator

10 The holder of a valid Class IX Business Operator's Certificate shall ensure that

(

a) a person who is employed by the business operator and who is responsible for

handling or applying a commercial class or restricted class pesticide has a valid

certificate of qualification;

(

b) a commercial class or restricted class pesticide is sold only to

(

i) an applicator or business who holds a valid certificate of qualification, or

(ii) a person who has hired another person who holds a valid certificate,

qualification;

(

c) any activity of a person employed by the business operator complies with the

pesticide label instructions for the proper and safe use of pesticides; and

(

d) any instruction to a person employed by the business operator is in accordance

with the Act, these regulations or any other requirements set forth by an

Administrator.

Records

11 An Administrator may require the holder of a Class IX Business Operator's Certificate to

submit a record of the application or sale of a pesticide.

Part II - Pesticide Approvals

Approvals

(1) Pesticide application activities that require an approval under the Act are designated

in the Activities Designation Regulations.

(2) Unless authorized in writing by an Administrator, an applicant for an approval shall

apply at least 60 days prior to the intended starting date of the application of the

pesticide.

(3) An approval holder shall keep and maintain equipment or supplies readily available

to minimize the impact of any release of a pesticide.

(4) An approval holder shall notify an Administrator before commencing a spray

program under an approval.

(5) An approval holder shall adhere to weather condition restrictions stipulated on an

approval respecting the application of a pesticide.

(6) An approval holder shall ensure that the approval or a copy of the approval is

available at the loading, mixing, or application area when the pesticide is being used.

(7) All boundaries of a treatment site where pesticide is used or applied and buffer zones

shall be marked or identified so that they are known and visible to the applicator.

(8) An approval holder for aerial spraying of a pesticide shall either personally

accompany, or provide a contractor or agent to accompany, a pilot on a pre-spray

aerial inspection of a treatment site to ensure that the pilot is fully aware of the area

to be sprayed, any buffer zones involved and the property boundaries of the

treatment site.

(9) An approval holder shall keep and maintain a record of the information the Minister

or an Administrator requires of each pesticide used or applied.

(10) Where there is no evidence that an adverse effect may occur or will occur, the

Minister may waive or modify in writing the requirements prescribed in subsections

(5), (6), (7), (8) and (9).

Part III - General

Public notice

(1) An approval holder shall undertake a public information and notice program as a

term and condition of the issuance of an approval.

Subsection 13(1) amended: O.I.C. 2013-17, N.S. Reg. 14/2013.

(2) Except for spot treatments to a utility corridor, utility right-of-way, street or highway

right-of-way, no person shall apply a pesticide under an approval by any method

unless the person provides notice to the public through a local newspaper or other

means approved by the Administrator at least 20 days before the application

commences identifying where and when the pesticide will be applied.

Subsection 13(2) amended: O.I.C. 2013-17, N.S. Reg. 14/2013.

(3) No person shall apply a pesticide under a pesticide research program unless that

person

(

a) posts signs approved by an Administrator identifying that pesticide research is

being undertaken at the treatment site before the application commences; and

(

b) keeps the signs referred to in clause (

a) in place for 20 days after the last

application at the treatment site.

(4) No person shall apply a pesticide under an approval for crop tree release, site

preparation or forest insect control unless

(

a) at least 30 days before the application commences, the person

(

i) posts signs approved by an Administrator identifying when and where

the pesticide will be applied,

(ii) ensures that the signs referred to in subclause (

i) contain a space for

coloured fluorescent decals which shall be applied to the signs when

spraying commences at the treatment site, and

(iii) ensures that the signs referred to in subclause (

i) are placed on all access

roads leading to the treatment site and at the edge of the treatment site;

(

b) at least 30 days before the application commences, the person delivers a

written notice approved by an Administrator to the owner or occupier of any

dwelling, business, school, public building, or any other inhabited structure

which is located within 500 m of the treatment site, identifying when and

where the pesticide will be applied; and

(

c) at least 20 days before the application commences, when the total area under

an approval or the area of the individual treatment site exceeds 200 ha, the

person publishes a public notice approved by an Administrator through a local

newspaper identifying when and where the pesticide will be applied.

Clause 13(4)(

c) amended: O.I.C. 2013-17, N.S. Reg. 14/2013.

(5) If the applicant can provide reasons which are considered acceptable to the Minister

or an Administrator, the Minister or the Administrator may waive, modify, or alter

the notice requirements provided in this Section.

(6) No person shall remove or alter any sign required to be posted under these

regulations unless authorized by these regulations or by an Administrator.

(7) Subject to subsection (9), no sign posted under these regulations shall be removed

for a period of 7 days after the last application at the treatment site.

(8) Unless agreed in writing by an Administrator, any sign posted pursuant to an

approval under these regulations must be removed by the approval holder no later

than November 1st in the year that the approval was issued unless there is a conflict

with subsection (7) in which case the approval holder shall remove any signs

immediately after 7 days have elapsed from the last application at the treatment site.

(9) Unless agreed in writing by an Administrator, every person who for hire or reward

applies a commercial class or restricted class pesticide to a lawn, tree or other area

that surrounds a domestic residence, an apartment, a commercial building, or that is

located in a public area, shall

(

a) post a sign approved by an Administrator indicating that a pesticide

application has taken place on the treatment site immediately after the last

application of the pesticide; and

(

b) not remove a sign posted under clause (

a) for a period of 24 hours after the last

application at the treatment site.

Section 13 heading amended: O.I.C. 2013-17, N.S. Reg. 14/2013.

Prohibitions

(1) No person shall apply, handle, use, abandon or dispose of any pesticide, a mixture

containing a pesticide or seeds treated with a pesticide unless the handling, use,

abandonment or disposal is conducted in conformance with the product directions or

limitations shown on the manufacturer's product label or in a manner approved by

the Minister or an Administrator.

(2) Despite subsection (1), no person shall apply, handle, use, abandon or dispose of a

pesticide, a mixture or a device containing a pesticide or a material treated with a

pesticide in a manner that results or may result in contamination of the environment.

Pesticide research

15 Any pesticide research shall be reported by the researcher to an Administrator in writing

15 days before application commences under the pesticide research authorization.

Filling/flushing

16 No person shall fill, flush or clean a sprayer or equipment used for or in association with

the application of a pesticide in a manner that results or may result in contamination.

Contingency plan

17 The Minister or an Administrator may require contingency plans respecting a release of a

pesticide to be prepared for approval by the Minister or the Administrator by a person who

holds a Class IX certificate of qualification or by an approval holder who applies a

commercial class or restricted class pesticide.

Pesticide containers

(1) No person shall dispose of a container that was used to hold a commercial class or

restricted class pesticide except

(

a) at a container collection site; or

(

b) in a manner approved by the Minister or an Administrator.

(2) All pesticides shall be stored in the labelled containers supplied by the manufacturer

unless otherwise authorized in writing by an Administrator.

Buffer zones

19 Where the Minister believes on reasonable and probable grounds that a treatment site may

be sensitive to the application of a pesticide, the Minister may require a buffer zone be set

aside in which no spray is to be directly applied, may determine the size of the buffer zone

to be maintained, and may outline how the buffer zone is to be marked or identified.

Cancelled registered pesticides

(1) Where the registration of a pesticide has been cancelled under the Pest Control

Products Act (Canada), the person to whom the pesticide was registered shall

(

a) collect or accept return of all such pesticide supplied by the person to others;

and

(

b) dispose of all such pesticide in a manner acceptable to an Administrator.

(2) No person shall use, apply, display, or sell a pesticide if its registration has been

cancelled under the Pest Control Products Act (Canada).

Protected water area

21 No person shall apply a pesticide within a protected water area designated under

Section

106 of the Act unless the person complies with any regulations regarding the use of

pesticides within the protected water area.

Part IV - User Pesticide Storage Facilities

User pesticide storage

(1) Part IV of these regulations applies to a private individual or the owner, operator or

person responsible for a commercial business who stores a commercial class or

restricted class pesticide in excess of 25 l in liquid form or 25 kg in solid form,

whichever is applicable, for their own use or business use in a user pesticide storage

facility, but does not store the commercial class or restricted class pesticide for

resale.

(2) No private individual or owner, operator or person responsible for a commercial

business described in subsection (1) shall store a commercial class or restricted class

pesticide unless the following conditions are met:

(

a) the pesticide is stored in a facility that prevents the uncontrolled release of the

pesticide;

(

b) a list of pesticides stored in the facility and the estimated quantities normally

held in storage is, upon request, supplied to the chief of the local fire

department or the chief's designate;

(

c) a placard is affixed and maintained on the outside of each door leading into the

room where the pesticide is stored bearing the words “WARNING -

CHEMICAL STORAGE - AUTHORIZED PERSONNEL ONLY” or words

to like effect in block letters which are clearly visible; and

(

d) emergency telephone numbers are displayed in the facility, including telephone

numbers of the fire department, hospital, poison control centre, Department,

police and Emergency Management Office.

Clause 22(2)(

d) amended: O.I.C. 2013-17, N.S. Reg. 14/2013.

Part V - Vendor Pesticide Storage Facilities

Vendor pesticide storage

(1) Part V of these regulations applies to the owner, operator or person responsible for a

commercial business who for hire or reward, or for resale, stores a commercial class

or restricted class pesticide in a vendor pesticide storage facility.

Subsection 23(2) repealed: O.I.C. 2013-17, N.S. Reg. 14/2013.

Storage approval

(1) No person shall construct a new vendor pesticide storage facility or extend or modify

an existing pesticide storage facility to store a commercial class or restricted class

pesticide for hire or reward, sale, resale, or wholesale distribution unless the person

receives an approval from an Administrator.

(2) An approval under subsection (1) shall be processed under the Approvals Procedure

Regulations*.

[*Effective January 22, 2013, the Approvals Procedure Regulations are replaced by the Approval and

Notification Procedures Regulations , N.S. Reg. 17/2013 (O.I.C. 2013-18 dated January 22, 2013).]

General restriction on facility location

25 No person shall construct or extend a vendor pesticide storage facility

(

a) within 30 m of the bank of any surface watercourse or the ordinary high water

mark of any surface watercourse, whichever distance is greater, unless

approved in writing by an Administrator; or

(

b) within 60 m of a well or surface watercourse used as a private water supply,

unless approved in writing by an Administrator.

Construction requirements

(1) The construction requirements described in this

Section are in addition to all

applicable federal, provincial, and municipal laws and regulations, including

building, fire, and electrical codes and regulations.

(2) No person shall construct a vendor pesticide storage facility unless the following

conditions are met:

(

a) in the area where pesticides are stored, the floor surface shall be made of steel,

concrete or other similar durable material which is impervious to an absorbable

liquid;

(

b) flooring in the area where pesticides are stored shall have a smooth surface and

be capable of being cleaned and decontaminated of any pesticide stored in the

facility;

(

c) in the area where pesticides are stored, there shall be a continuous, non-combustible curb on the floor which is integral with the floor and is at least

10 cm in height around the perimeter of the area and is capable of retaining

liquids;

(

d) in the area where pesticides are stored, there shall be no floor drains, catch

basins, sumps or other openings in the floor;

(

e) the facility shall have adequate ventilation by either natural or mechanical

means to the outside atmosphere to prevent the accumulation of toxic or

flammable vapours;

(

f) there shall be at least 2 entrances and exits to the facility located on opposite

sides of the facility if the floor area of the facility exceeds 200 m 2 ;

(

g) there shall be a separate room or area at or near the area in which the

pesticides are stored that contains adequate washing facilities for personal

decontamination; and

(

h) a source of running water shall be readily available in or adjacent to the area

where pesticides are stored.

Storage requirements

27 No owner, operator or person responsible for a vendor pesticide storage facility shall store

a commercial class or restricted class pesticide unless

(

a) the area where the pesticides are stored is a separate locked room or

compartment that is partitioned from the floor to the ceiling with building

materials that conform with fire and building codes and has no openings except

those required for ventilation and entrances;

(

b) all permanent storage racks or shelves are constructed of non-combustible

material that can be easily cleaned;

(

c) all pesticides are stored according to the label storage requirements provided by

the manufacturer;

(

d) all pesticides are stored at least 10 cm above the floor;

(

e) all herbicides, insecticides and fungicides are stored separately from each other

in the facility;

(

f) all pesticides are separated from any flammable materials by a fire resistant

barrier or enough space to minimize risk of combustion of the pesticides;

(

g) all pesticides are stacked in a manner that enables the pesticides to be readily

inspected; and

(

h) foodstuffs, including feed, are not stored in the facility.

Access to site

28 No person shall own, operate or be responsible for a vendor pesticide storage facility

unless

(

a) the facility has sufficient outside lighting to be of use to emergency service

personnel;

(

b) any windows in the facility are locked to prevent unauthorized access when

authorized personnel are not present;

(

c) the facility has doors that remain closed and locked at all times when

authorized personnel are not present; and

(

d) access to the facility is restricted only to authorized personnel.

Safety measures

(1) No person shall own, operate or be responsible for a vendor pesticide storage facility

unless

(

a) protective clothing including gloves, hats, coveralls, boots, eye protection, a

first aid kit and a respirator appropriate for use with the pesticide being stored

are readily available, are properly maintained, and functional at all times at the

facility and are free from pesticide contamination;

(

b) eye wash and emergency showers are readily available at the facility;

(

c) the chief of the local fire department or the chief's designate is provided

annually with a list of pesticides stored in the facility and the estimated

quantities normally held in storage and the chief or the designate is notified of

any significant changes in stocks which occur during the year;

(

d) a placard is affixed and maintained on the outside of each door leading into the

room where the pesticide is stored bearing the words “WARNING -

CHEMICAL STORAGE - AUTHORIZED PERSONNEL ONLY” or words

to like effect in block letters which are clearly visible; and

(

e) emergency phone numbers are displayed in the facility including the telephone

numbers of the fire department, hospital, poison control centre, Department,

police and Emergency Management Office.

Clause 29(1)(

e) amended: O.I.C. 2013-17, N.S. Reg. 14/2013.

(2) Every owner, operator or person responsible for a vendor pesticide storage facility

shall ensure that no smoking signs are prominently displayed in an area where

pesticides are being stored.

(3) No person shall use an open flame to conduct welding, burning, cutting, melting,

heating or any other activity in a vendor pesticide storage facility unless appropriate

safety measures are taken.

(4) Every owner, operator or person responsible for a vendor pesticide storage facility

shall post or make readily available to employees or other persons any material

safety data sheets that have been compiled and supplied by the manufacturer of the

pesticide.

(5) No owner, operator or person responsible for a vendor pesticide storage facility shall

place a pesticide in that facility unless it is equipped with

(a)a fully-operative fire alarm system;

(

b) fire extinguishers which are approved by the fire department and are placed in

strategic positions in and around the pesticide storage facility; and

(

c) materials for containment and clean-up as required by an Administrator.

(6) Unless an Administrator directs otherwise in writing, every owner, operator or

person responsible for a vendor pesticide storage facility shall ensure there is

unobstructed access to the facility for emergency equipment and personnel.

Maintenance and inspection of facility

(1) Every owner, operator or person responsible for a vendor pesticide storage facility

shall

(

a) comply with all relevant legislation respecting pesticide storage and the use of

personnel protection equipment and clean-up techniques;

(

b) inspect monthly the facility and repair or replace any parts that may be

damaged or defective; and

(

c) immediately secure any container or package found leaking a pesticide and

clean up the area.

(2) Every owner, operator or person responsible for a vendor pesticide storage facility

shall keep and make available for review upon request by an inspector, a book or

report of monthly inspections and any action taken under subsection (1).

(3) The book or report described in subsection (2) shall be kept while the facility is in

operation and for 2 years after operations cease.

Abandonment

(1) No owner, operator or person responsible for a vendor pesticide storage facility shall

abandon that facility or any part of that facility unless the person notifies an

Administrator in writing at least 6 months before the date of the proposed

abandonment.

(2) No owner, operator or person responsible for a vendor pesticide storage facility shall

abandon that facility unless the facility is left in a condition approved by an

Administrator.

(3) Unless approved in writing by an Administrator, an abandonment pursuant to

subsection (1) does not relieve the owner, operator or person responsible for a

vendor pesticide storage facility from any requirement contained in the Act,

regulations made pursuant to the Act, or in an approval issued with respect to that

facility.

Part VI - Effective Date

(1) Subject to subsection (2), these regulations shall come into force on, from and after

April 11, 1995.

(2) With respect to private applicators, clauses 7(1)(c), (d), (e), (f), and (k), and clause

10(

b) shall come into force on, from and after December 1, 1996.