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Volume 58, No. 23

234/2015

The British Columbia Gazette,

Part II

December 15, 2015

B.C. Reg. 234/2015 , deposited December 15, 2015, under the INTEGRATED PEST MANAGEMENT ACT [sections 36 (1) and 38 (2) (b), (d), (e), (i), (k), (l), (r), (

u) and (x)]. Ministerial Order M414/2015, dated September 21, 2015.

I, Mary Polak, Minister of Environment, order that, effective July 1, 2016,

(

a) section 1 of the Integrated Pest Management Regulation, B.C. Reg. 604/2004, as it applies in

Part 1 of that regulation, is amended as set out in

section 1 of the attached Appendix, and

(

b) the Integrated Pest Management Regulation is amended as set out in sections 2 to 19 and 41 to 45 of the attached Appendix.

— M. POLAK, Minister of Environment .

Appendix

Section 1 of the Integrated Pest Management Regulation, B.C. Reg. 604/2004, is amended

(

a) by repealing the

definitions of “agriculture” , “classified wetland” , “invasive plant” , “veterinarian” and “wetland” and substituting the following:

“agriculture” has the same meaning as “qualifying agricultural use” in the Classification of Land as a Farm Regulation, but does not include aquaculture, or aquacultural activities, carried on in a body of water;

“classified wetland” means a wetland in any of classes W1 to W5 under the Forest Planning and Practices Regulation;

“invasive plant” means a prescribed species of invasive plant listed under the Invasive Plants Regulation;

“veterinarian” means an individual who is authorized to practise veterinary medicine under the Veterinarians Act ;

“wetland” has the same meaning as in the Forest Planning and Practices Regulation. ,

(

b) by adding the following definition:

“assistant applicator” means an individual who does not hold a certificate required under

section 50 [category of certificate required] , but uses a pesticide under the supervision of a certificate holder; , and

(

c) in paragraph (c) (iv) of the definition of “public land” by striking out “ regional hospital board ” and substituting “ regional hospital district board ” .

2 Sections 2 (b) (

i) and (d) (i) (

A) and 65 (1) (

b) are amended by striking out “ labeled ” and substituting “ labelled ” .

Section 3 (

d) is amended by striking out “ odors ” and substituting “ odours ” .

Section 5 is amended

(

a) in subsection (1) (a), (b), (

j) and (

k) by striking out “ land that are ” and substituting “ land that is ” , and

(

b) in subsection (1) (

i) by striking out “ in sidewalks and on parking lots, on public land; ” and substituting “ on parking lots, driveways and hard-surfaced pathways, including sidewalks, on public or private land; ” .

Section 6 is amended

(

a) in subsection (1) by adding the following paragraph:

(a.1) is the owner of private land and uses, on that land, a pesticide set out in

Schedule 5 of this regulation, , and

(

b) by adding the following subsection:

(4) A licence under

section 4 of the Act is not required by a person to use domestic glyphosate on private land if the person is not providing a service and the glyphosate is used for one or more of the following purposes:

(

a) to manage weeds

(

i) on parking lots, driveways and hard-surfaced pathways, or

(ii) that are poisonous to the touch;

(

b) to manage

(

i) a plant that is an alien invasive species listed in the

Schedule to the Spheres of Concurrent Jurisdiction – Environment and Wildlife Regulation,

(ii) an invasive plant, or

(iii) a noxious weed designated under

section 2 of the Weed Control Regulation.

6 The following

section is added:

Exemption from licensing for certain uses

6.1 Despite

section 5 (1) (

i) of this regulation, a person is exempt from the requirement to hold a licence under

section 4 (1) (

b) of the Act for the use of a pesticide as described in

section 5 (1) (

i) if

(

a) the person

(

i) holds a residential applicator certificate under

section 50 [category of certificate required] , and

(

b) the person

(

i) holds a pesticide applicator certificate under

section 50, and

Section 10 is amended

(

a) in subsection (1) by repealing the definition of “outdoor public use area” and substituting the following:

“outdoor public use area” means an outdoor landscaped area of

(

a) public land that is maintained for purposes of public passage or recreation, or

(

b) private commercial land to which members of the public may reasonably be expected to have access. ,

(

b) in subsection (3) by striking out “ living accommodations must, ” and substituting “ living accommodations must ” ,

(

c) in subsection (3) (

a) by striking out “ before or immediately following the use, provide ” and substituting “ provide, before or immediately following the use, ” ,

(

d) in subsection (3) (

b) by striking out “ either, ” and substituting “ either ” ,

(

e) by adding the following subsections:

(5.1) Subject to subsection (5.3), before using a pesticide, other than an excluded pesticide, in an outdoor area of private residential land, a licensee or, if there is no licensee, a certificate holder, must provide a treatment notice that complies with

section 63 (1) to

(

a) the occupant of the land,

(

b) all tenants of the land, if any, and

(

c) if different from the occupant, the owner or manager of the land or the agent of either.

(5.2) For the purposes of subsection (5.1) of this section, the reference in

(a)

section 63 (1) (

e) and (

f) to the licensee is to be read, if there is no licensee, as a reference to the certificate holder, and

(b)

section 63 (1) (

e) to the licence number is to be read, if there is no licence, as a reference to the certificate number.

(5.3) Subsection (5.1) does not apply if subsection (4) or (5) applies. , and

(

f) in subsection (8) (

b) by striking out “ bee keepers ” and substituting “ beekeepers ” .

Section 11 is repealed and the following substituted:

Different notification requirements – Public Health Act

Section 10 (2) to (8) of this regulation does not apply to a licensee under the Integrated Pest Management Act to the extent that an order made by a medical health officer under the Public Health Act imposes a different requirement on the licensee in relation to giving notice of pesticide use.

Section 12 (

g) is amended by striking out “ is a bacterial pesticide ” and substituting “ is bacterial pesticide ” .

Section 13 (6) is amended by striking out “ subsections (2), (3) (4) and (5) ” and substituting “ subsections (2), (3), (4) and (5) ”.

Section 15 is amended by striking out “ pesticide ” and substituting “ pesticides ”.

Section 17 (1) is amended by adding “ , other than a residential applicator certificate, ” after “ An applicant for a certificate ” .

Section 21 (

c) is amended

(

a) by striking out “ Provincial health officer ” and substituting “ provincial health officer ” , and

(

b) by striking out “ West Nile Virus ” and substituting “ West Nile virus ” .

Section 24 (2) (a), (b), (

e) and (

f) is amended by striking out “ land that are ” and substituting “ land that is ”.

15 The heading to Division 6 of

Part 1 is repealed and the following substituted:

Division 6 – General Requirements – Use, Containment, Transport, Storage and Sale of a Pesticide .

Section 34 (2) (

d) is amended by striking out “ the pesticide sold ” and substituting “ the pesticide sold, ” .

17 Sections 35 (1) (d), 36 (

c) and 37 (1) (

c) are amended by striking out “ certified applicator ” and substituting “ pesticide applicator certificate holder ” .

Section 38 (1) (

a) is amended by striking out “ in what newspaper ” and substituting “ in which newspaper ” .

Section 41 (2) is amended by adding “ to treat ” after “ notice of intent ” .

20 Sections 45 (f), 56 (c) (

v) and 59 (1) (

i) are amended by striking out “ number of ha ” and substituting “ number of hectares ” .

Section 45 (

h) is repealed and the following substituted:

(

h) whether the applicant intends to, during the term of the licence,

(

i) use a pesticide on public land,

(ii) aerially apply a pesticide, or

(iii) use a fumigant gas pesticide.

Section 46 is amended

(

a) by repealing subsection (1) (b) (ii) and substituting the following:

(ii) supervise, in accordance with

section 59.3 [supervision requirements] , not more than 4 assistant applicators who perform the use. ,

(

b) by repealing subsection (2), and

(

c) by repealing subsection (3) (

a) and substituting the following:

(

a) advise each person who intends to purchase a pesticide that the person

(

i) may lawfully use the pesticide only for the use described on the label and in accordance with the instructions on that label, and

(ii) is subject to any prohibitions, limits or conditions with the respect to the use of the pesticide as set out in applicable provincial enactments and municipal bylaws;

(a.1) ask each person who intends to purchase a pesticide what the person intends to use the pesticide for and

(

i) take reasonable steps to confirm that the pesticide is appropriate for the intended use, or

(ii) refuse to sell the pesticide to the person if the person does not provide sufficient information to confirm that the pesticide is appropriate for the intended use; .

Section 47 (1) (d) (ii) is amended by adding “ set out ” after “ requirements ” .

24 Sections 47 (1) (e), 54 (c), 57 (1) (

e) and 72 (1) (

d) are amended by striking out “ after forming the belief ” .

Section 49 is amended

(

a) by repealing subsection (1) (a) (ii) and substituting the following:

(ii) supervises, in accordance with

section 59.3 [supervision requirements] , not more than 4 assistant applicators who perform the use; , and

(

b) by repealing subsection (2).

Section 50 (1) is amended by adding the following paragraph:

(

c) residential applicator.

27 The following sections are added to Division 3 of

Part 2:

(

a) the certificate holder may use, under the certificate, only a pesticide that

(

i) is classed as a domestic pesticide,

(ii) is not a fumigant, and

(iii) does not have a label indicating that the pesticide may be used only by persons holding a certificate or other authorization to use the pesticide;

(

b) the certificate holder may use, under the certificate, a pesticide only

(

i) on private residential land,

(ii) if the certificate holder is the owner or occupier of the land on which the pesticide is used or if the certificate holder is acting with the agreement of the owner or occupier of that land, and

(iii) for a purpose described in

section 5 (1) (i).

Section 57 is amended

(

a) by repealing subsection (1) (c) (ii) and substituting the following:

(ii) supervises, in accordance with

section 59.3 [supervision requirements] , not more than 4 assistant applicators who perform the use; , and

(

b) by repealing subsection (2).

Section 58 (1) is amended by striking out “ identifying information; ” and substituting “ identifying information: ”.

30 The following Division is added to

Part 2:

Division 5.1 – Assistant Applicators

Prohibited activities

59.1 A licensee, a permit holder and a confirmation holder must ensure that assistant applicators do not perform any of the following activities under the licence, permit or confirmation:

(

a) select the pesticides to be used in a treatment area;

(

b) determine the method or rate of pesticide application in a treatment area;

(

c) determine injury thresholds for the purposes of

section 68 (1) (d) [licensee use of pesticide – integrated pest management] or 69 (1) (d) [confirmation holder use of pesticide – integrated pest management] , if applicable;

(

d) mix pesticide concentrates;

(

e) calibrate pesticide application equipment;

(

f) handle or use fumigants;

(

g) use permit-restricted pesticides or restricted pesticides;

(

h) use pesticides having a label indicating that the pesticide may be used only by persons holding a certificate or other authorization to use the pesticide;

(

i) conduct evaluations for the purposes of

section 68 (2) or 69 (2), if applicable.

Training and training records

59.2

(1) A licensee, a permit holder and a confirmation holder must ensure that each assistant applicator applying or using a pesticide under the licence, permit or confirmation has, within the 12 months before the first application of a pesticide in a calendar year, completed a course established by the administrator for the purpose of ensuring that assistant applicators are knowledgeable in the application of the pesticide.

(2) A licensee, a permit holder and a confirmation holder must

(

a) prepare and maintain a record of each assistant applicator’s completion of the course referred to in subsection (1),

(

b) keep the record at or near the treatment area during application of the pesticide, and

(

c) make the record available to the supervising certificate holder.

Supervision requirements

59.3 A certified individual who is supervising assistant applicators

(

a) must not be more than 500 m from each assistant applicator,

(

b) must maintain continuous visual or auditory contact with each assistant applicator,

(

c) must review the record kept under

section 59.2 [training and training records] in respect of each assistant applicator, and

(

d) must not permit an assistant applicator to apply a pesticide unless satisfied that the assistant applicator has completed the course required under

section 59.2 (1).

Section 63 (1) (

d) is amended by striking out “ alternate ” and substituting “ alternative ” .

Section 64 (3) (

b) is amended by striking out “ Bee Act ” in both places and substituting “ Bee Regulation ”.

Section 66 (2) (

a) is amended by striking out “ warning: chemical storage – authorized persons only ” and substituting “ WARNING: CHEMICAL STORAGE – AUTHORIZED PERSONS ONLY ”.

Section 67 is amended by adding the following subsection:

(3) A holder of a pesticide vendor licence must store and display domestic pesticides, other than excluded pesticides, in a manner that prevents the public from accessing the pesticides without the assistance of a certified dispenser.

Section 71 is amended

(

a) in subsection (3) by adding “

section ” before “ 79 (2) ” , and

(

b) in subsection (5) by striking out “ person described in ” and substituting “ a person described in ” .

36 Sections 71 (7) and 76 (3) and (4), wherever it appears, are amended by striking out “ an hour ” and substituting “ per hour ” .

Section 72 is amended

(

a) by repealing subsection (1) (b) (ii) and substituting the following:

(ii) supervises, in accordance with

section 59.3 [supervision requirements] , not more than 4 assistant applicators who perform the use, , and

(

b) by repealing subsection (2).

Section 75 is amended

(

a) in subsection (1) by repealing the definition of “wildlife habitat feature” and substituting the following:

“wildlife habitat feature” means a wildlife habitat feature identified under

section 11 of the Government Actions Regulation. ,

(

b) in subsection (3) by striking out “ using glyphosate, ” and substituting “ using glyphosate ” , and

(

c) in subsection (7) by striking out “ subsections (5) or (6) ” and substituting “ subsection (5) or (6) ” .

Section 78 is amended

(

a) in subsections (1.1) and (6) (

b) by striking out “ West Nile Virus ” wherever it appears and substituting “ West Nile virus ” ,

(

b) in subsection 5 (

e) by striking out “ Migratory Birds Convention Act ” and substituting “ Migratory Birds Convention Act, 1994 ” , and

(

c) in subsection (6) by striking out “ may use methoprene only in a storm water catch basin if ” and substituting “ may use methoprene in a storm water catch basin only if ” .

Section 82 (2) is amended by striking out “ certified applicator ” and substituting “ a person holding a pesticide applicator certificate ”.

41 The heading to

Schedule 1 is repealed and the following substituted:

Schedule 1

Permit-Restricted Pesticides .

Schedule 2 is repealed and the following substituted:

Schedule 2

Excluded Pesticides

1 acetic acid (DOMESTIC)

2 animal repellents (DOMESTIC and COMMERCIAL) except thiram

3 anti-fouling paints (DOMESTIC and COMMERCIAL)

4 antisapstain wood preservatives used on private, industrial land owned by the company or person responsible for applying the preservatives (COMMERCIAL)

5 asphalt solids used as pruning paints (DOMESTIC and COMMERCIAL)

6 bactericides used in petroleum products (DOMESTIC and COMMERCIAL)

7 boron compounds (DOMESTIC)

8 boron compounds formulated with up to 5% copper for insect control and wood preservation (DOMESTIC and COMMERCIAL)

9 capsaicin (DOMESTIC, COMMERCIAL and RESTRICTED)

10 cleansers (DOMESTIC and COMMERCIAL)

11 corn cellulose (DOMESTIC and COMMERCIAL)

12 corn gluten (DOMESTIC and COMMERCIAL)

13 deodorizers (DOMESTIC and COMMERCIAL)

14 d-phenothrin (DOMESTIC)

15 d-trans-allethrin, also referred to as d-cis, trans allethrin (DOMESTIC)

16 fatty acids (DOMESTIC and COMMERCIAL)

17 ferric phosphate (DOMESTIC and COMMERCIAL)

18 ferrous sulphate (DOMESTIC and COMMERCIAL)

19 formic acid (DOMESTIC and COMMERCIAL)

20 hard surface disinfectants (DOMESTIC and COMMERCIAL)

21 insect repellents (DOMESTIC)

22 insect semiochemicals, including pheromones, kairomones, attractants and repellents (DOMESTIC and COMMERCIAL)

23 insecticides sold and used in tamper-resistant bait stations (DOMESTIC)

24 kaolin (DOMESTIC and COMMERCIAL)

25 laundry additives (DOMESTIC and COMMERCIAL)

26 material preservatives (DOMESTIC and COMMERCIAL)

27 methoprene (DOMESTIC)

28 mineral oils for insect and mite control (DOMESTIC)

29 naphthalene for fabric protection (DOMESTIC)

30 n-octyl bicycloheptene dicarboximide (DOMESTIC)

31 octenol (DOMESTIC and COMMERCIAL)

32 oxalic acid (DOMESTIC and COMMERCIAL)

33 paradichlorobenzene for fabric protection (DOMESTIC)

34 pesticides in aerosol containers (DOMESTIC)

35 pesticides registered under the federal Act for application to pets (DOMESTIC and COMMERCIAL)

36 piperonyl butoxide (DOMESTIC)

37 plant growth regulators (DOMESTIC)

38 polybutene bird repellents (DOMESTIC and COMMERCIAL)

39 pyrethrins (DOMESTIC)

40 resmethrin (DOMESTIC)

41 silica aerogel, also referred to as silica gel, amorphous silica and amorphous silica gel (DOMESTIC and COMMERCIAL)

42 silicon dioxide, also referred to as diatomaceous earth (DOMESTIC and COMMERCIAL)

43 slimicides (COMMERCIAL)

44 soaps (DOMESTIC and COMMERCIAL)

45 sulphur, including lime sulphur, sulphide sulphur and calcium polysulphide (DOMESTIC)

46 surfactants (DOMESTIC and COMMERCIAL)

47 swimming pool algicides and bactericides (DOMESTIC and COMMERCIAL)

48 tetramethrin (DOMESTIC)

49 thymol (DOMESTIC and COMMERCIAL)

50 wood preservatives (DOMESTIC)

51 zinc strips (DOMESTIC) .

43 The heading to

Schedule 3 is repealed and the following substituted:

Schedule 3

Certificate Examination Matters .

Schedule 4 is repealed and the following substituted:

Schedule 4

Scheduled Pesticides

1 Bacillus sphaericus , also referred to as Bs

2 Bacillus thuringiensis var. israelensis , also referred to as Bti

3 Bacillus thuringiensis var. kurstaki , also referred to as Btk

4 glyphosate

5 nuclear polyhedrosis virus .

45 The following

Schedule is added:

Schedule 5

No Licence or Certificate Required for Certain Uses

1 Bacillus sphaericus , also referred to as Bs (DOMESTIC)

2 Bacillus subtilis (DOMESTIC)

3 Bacillus thuringiensis var. israelensis , also referred to as Bti (DOMESTIC)

4 Bacillus thuringiensis var. kurstaki , also referred to as Btk (DOMESTIC)

5 citric acid (DOMESTIC)

6 copper (oxychloride and tribasic only) (DOMESTIC)

7 FeHEDTA (DOMESTIC)

8 ferric sodium EDTA (DOMESTIC)

9 garlic (DOMESTIC)

10 lactic acid (DOMESTIC)

11 Phoma macrostoma (DOMESTIC)

12 pyriproxyfen (DOMESTIC)

13 Sclerotinia minor (DOMESTIC)

14 sodium chloride (DOMESTIC)

15 spinosad (DOMESTIC) .

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