Alberta Gazette, Part I — Tuesday, June 15, 2010

Tuesday, June 15, 2010

Alberta — Gazette

The Alberta Gazette

Part I

Vol. 106 Edmonton, Tuesday, June 15, 2010 No. 11

RESIGNATIONS, RETIREMENTS & TERMINATIONS

Termination of Justice of the Peace

(Justice of the Peace Act)

May 26, 2010

Schulze, Jack of Red Deer

GOVERNMENT NOTICES

Agriculture and Rural Development

Form 15

(Irrigation Districts Act)

(Section 88)

Notice to Irrigation Secretariat:

Change of Area of an Irrigation District

On behalf of the Western Irrigation District, I hereby request that the Irrigation

Secretariat forward a certified copy of this notice to the Registrar for Land Titles for

the purposes of registration under

section 22 of the Land Titles Act and arrange for

notice to be published in the Alberta Gazette.

The following parcels of land should be added to the irrigation district and the

notation added to the certificate of title:

LINC Number

Short Legal Description as shown on title

Title Number

0018 202 656

4;22;22;26;NE

921 175 459

I certify the procedures required under

part 4 of the Irrigation Districts Act have been

completed and the area of the Western Irrigation District should be changed

according to the above list.

Rebecca Fast, Office Administrator,

Irrigation Secretariat.

_______________

On behalf of the Bow River Irrigation District, I hereby request that the Irrigation

Secretariat forward a certified copy of this notice to the Registrar for Land Titles for

the purposes of registration under

section 22 of the Land Titles Act and arrange for

notice to be published in the Alberta Gazette.

The following parcels of land should be added to the irrigation district and the

notation added to the certificate of title:

LINC Number

Short Legal Description as shown on title

Title Number

0022 313 084

N.E. 19-16-18-W4M

801 052 051

0022 256 663

S.E. 12-14-19-W4M

091 391 688 +1

0029 205 813

S.W. 12-14-19-W4M

091 391 688

0022 158 828

N.W. 12-14-19-W4M

091 391 699 +4

0022 177 877

N.E. 12-14-19-W4M

091 391 699 +2

0022 373 146

N.E. 26-12-17-W4M

061 468 848 +2

0033 430 976

S.E. 27-12-17-W4M

081 303 653 +6

0022 373 154

N.E. 27-12-17-W4M

061 468 851 +2

0022 372 742

S.E. 35-12-17-W4M

061 468 848 +1

0022 372 791

S.W. 36-12-17-W4M

061 468 848

I certify the procedures required under

part 4 of the Irrigation Districts Act have been

completed and the area of the Bow River Irrigation District should be changed

according to the above list.

Rebecca Fast, Office Administrator,

Irrigation Secretariat.

_______________

On behalf of the Western Irrigation District, I hereby request that the Irrigation

Secretariat forward a certified copy of this notice to the Registrar for Land Titles for

the purposes of registration under

section 22 of the Land Titles Act and arrange for

notice to be published in the Alberta Gazette.

The following parcels of land should be removed from the irrigation district and the

notation removed from the certificate of title:

LINC Number

Short Legal Description as shown on title

Title Number

0029 987 765

0311960;1;4

101 112 820

0022 064 968

4;22;22;29;SW

051 242 917 + 1

0022 062 129

4;22;23;34;NE

031 214 014

0016 938 409

4;22;23;32;SW

071 424 820

0022 062 889

4;22;23;30;NE

071 424 819

0022 078 976

4;22;24;3;NE

031 214 014 + 1

0029 281 342

0211195;1;1

101 132 173

0034 043 943

0914217;2;2

101 086 478

I certify the procedures required under

part 4 of the Irrigation Districts Act have been

completed and the area of the Western Irrigation District should be changed

according to the above list.

Rebecca Fast, Office Administrator,

Irrigation Secretariat.

Energy

Hosting Expenses Exceeding $600.00

For the quarter ending March 31, 2010

Function: Alberta Natural Gas Symposium

Purpose: To provide an opportunity for the Alberta Hydrocarbons Committee and

industry and academia experts to discuss the future of Alberta's natural gas resources.

Amount: $7,517.05

Date: December 9, 2009

Location: Calgary, Alberta.

Environment

ENVIRONMENTAL CODE OF PRACTICE FOR PESTICIDES

Preface

Section 1

Introduction

Section 2 Definitions

Section 3

Registration

Section 4

Procedural Requirements - Pesticide Applicator and Dispenser

Assistants

Section 5

Procedural Requirement - Aerial Pesticide Applications

Section 6

Procedural Requirements - Insurance Coverage

Section 7

Operational Requirements - Pesticide Mixing and Loading Sites

Section 8

Operational Requirements - Emergency Response Equipment

Section 9

Operational Requirements - Disposal of Pesticide Rinsate and

Pesticide Solution

Section10

Forest Management Pesticide Use

Section 11

Industrial Vegetation Management (roadside, powerline,

pipeline and utility rights-of-way)

Section 12

Structural Pest Control

Section 13

Fumigation

Section 14

Mosquito Control

Section 15

Pesticide Application Within 30 Horizontal Metres of an Open

Body of Water

Section 16

Herbicide Application - General

Section 16(7)

Herbicide Application for Aquatic Vegetation Control

Section 16(12)

Insecticide Application - General

Section 16(13)

Rodenticide Application - General

Section 16(15)

Pesticide Vendors - Sales for Acreage and Hobby Greenhouse

Use

Section 17

Code Amendment

Section 18

Effective Date

Section 19

Appendix A: Training Checklist for Authorized and Non-Certified Pesticide

Applicator Assistants

Appendix B: Training Checklist for Non-Certified Pesticide Dispenser Assistants

ENVIRONMENTAL CODE OF PRACTICE FOR PESTICIDES

ALBERTA ENVIRONMENT

Preface

1(1) The Environmental Code of Practice for Pesticides, hereinafter referred to

as the Code of Practice, is incorporated by the Pesticide (Ministerial) Regulation

(A.R. 43/97) and the Pesticide Sales, Handling, Use and Application Regulation

(A.R. 24/97), under the authority of

section 38 of the Environmental Protection

and Enhancement Act. Pesticide applicators or other described pesticide users in

this Code of Practice, and pesticide services and pesticide vendors affected by

this Code of Practice must meet all its requirements to ensure that their activities

are in compliance with Alberta's environmental laws. In addition to the

requirements of this Code of Practice, pesticide applicators and other described

pesticide users, pesticide services and pesticide vendors must comply with all

requirements of the Environmental Protection and Enhancement Act, its

associated regulations, and all other applicable laws.

(2) Pesticide services, wholesale vendors selling pesticides described in

Schedules 1, 2 or 3 of the Pesticide (Ministerial) Regulation (A.R. 43/97), and

retail vendors selling pesticides described in Schedules 1 or 2 of the Pesticide

(Ministerial) Regulation (A.R. 43/97) must register with Alberta Environment.

Section 4 of this Code of Practice deals with registration in greater detail.

Introduction

2(1) The Code of Practice provides specific details regarding the safe sales,

handling, use and application of pesticides to ensure environmental protection.

Pesticide applicators and other described pesticide users, pesticide services and

pesticide vendors within the Province of Alberta must comply with these

requirements.

(2) Questions or concerns regarding the application or contents of this Code of

Practice can be made to:

Alberta Environment

Information Centre

Main Floor, 9820 - 106 Street

Edmonton, AB T5K 2J6

Phone: (780) 427-2700

Fax: (780) 422-4086

Email: env.infocent@gov.ab.ca

or to any of the following Alberta Environment regional offices (to be connected

toll-free, first call 310-0000):

Grande Prairie phone: (780) 538-5460

Edmonton phone: (780) 427-7617

Spruce Grove phone: (780) 960-8600

Red Deer phone: (403) 340-7052

Calgary phone: (403) 297-7602

Lethbridge phone: (403) 381-5322

Definitions

3(1) In this Code of Practice, "woody plant" means trees and shrubs.

(2) Terms that are defined in sections 1 and 154 of the Environmental

Protection and Enhancement Act and in the Pesticide (Ministerial) Regulation

(A.R. 43/97) and the Pesticide Sales, Handling, Use and Application Regulation

(A.R. 24/97) are incorporated into and become part of this Code of Practice,

unless otherwise defined or modified within this Code of Practice.

Registration

4(1) In addition to any information required by the Director under the

Approvals and Registration Procedure Regulation (A.R. 113/93), any person

required to obtain a service registration under

section 7 of the Pesticide

(Ministerial) Regulation (A.R. 43/97) shall apply to the Director for registration

in accordance with

section 8 of the Pesticide (Ministerial) Regulation (A.R.

43/97).

(2) In addition to any information required by the Director under the

Approvals and Registration Procedure Regulation (A.R. 113/93), any person

required to obtain a vendor registration under

section 14 of the Pesticide

(Ministerial) Regulation (A.R. 43/97) shall apply to the Director for registration

in accordance with

section 15 of the Pesticide (Ministerial) Regulation (A.R.

43/97).

Procedural Requirements - Pesticide Applicator and Dispenser Assistants

Pesticide Applicator Assistants

5(1) In the following subsections,

(a) "applicator assistant" means an assistant that has been trained according to

a training checklist only (Appendix A); and

(b) "authorized assistant" means an assistant that has:

(

i) received training from a certified applicator recognized as a trainer

by the Director;

(ii) passed an examination and been issued a certificate valid for 5 years,

both recognized by the Director; and

(iii) received supplementary training by a certified applicator that holds a

valid certificate for the applications that will be conducted and in

accordance with a training checklist (Appendix A).

(2) An applicator assistant or authorized assistant must be

(

a) at least 16 years of age to handle pesticides described in Schedules 2 or 3

of the Pesticide (Ministerial) Regulation (A.R. 43/97), and

(

b) at least 18 years of age to handle pesticides described in

Schedule 1 of the

Pesticide (Ministerial) Regulation (A.R. 43/97).

(3) An applicator must

(

a) for each applicator assistant, complete a training checklist in the format

provided in Appendix "A", or in a format acceptable to the Director,

documenting

(

i) the instruction of each assistant who is applying pesticides, and

(ii) the instruction of each assistant who is mixing or loading pesticides.

(

b) for each authorized assistant, ensure that the authorized assistant has passed

an examination recognized by the Director regarding pesticide application

and complete a training checklist in the format provided in Appendix "A',

or in a format acceptable to the Director.

(4) The applicator and service registration holder must

(

a) keep the training checklists and copies of the authorized assistant

certificates for a period of not less than 5 years; and

(

b) make training checklists and copies of the authorized assistant certificates

available to Alberta Environment upon request.

(5) An applicator, other than an applicator that holds an Aerial class of

applicator certificate, may supervise a maximum of 6 individuals who may be

assistants or authorized assistants.

(6) When the applicator is supervising

(

a) authorized assistants, the applicator is not required to be physically present

at the application site;

(

b) applicator assistants, the applicator must be present at each application site

at least once per day and each time the pesticide, application equipment, or

calibration are changed.

(7) An authorized assistant, provided that the authorized assistant is physically

present at an application site and can directly observe each assistant's pesticide

application activities, may supervise

(

a) a maximum of 6 applicator assistants for stem specific herbicide

applications for Industrial or Forestry applications described in

Schedule 5

of the Pesticide (Ministerial) Regulation (A.R. 43/97); and

(

b) a maximum of 2 applicator assistants for all other pesticide applications.

(8) An applicator or authorized assistant must check the following at each

application site for each assistant:

(

a) the amount of pesticide used corresponds with the area treated;

(

b) the application equipment is not leaking;

(

c) protective equipment is present, and in good operational condition

available to be worn by the assistant in accordance with the pesticide label,

the material safety data sheet, and occupational health and safety

requirements;

(

d) application records are maintained in accordance with sections 11 and 12

of the Pesticide (Ministerial) Regulation (A.R. 43/97) and the applicable

sections of this Code; and

(

e) application and handling practices comply with provincial environmental

laws.

(9) An applicator must ensure for each authorized assistant that:

(

a) application records are maintained in accordance with sections 11 and 12

of the Pesticide (Ministerial) Regulation (A.R. 43/97) and the applicable

sections of this Code; and

(

b) application and handling practices comply with provincial environmental

laws.

(10) An applicator must be available to applicator assistants and authorized

assistants through telephone or radio contact when the applicator is not physically

present at an application site.

(11) Unless the pesticide label requirements specify that the pesticide shall only

be applied by an authorized applicator, certified applicator, pest control operator,

or other approved applicator, or any similar restriction, an applicator or an

authorized assistant must be physically present throughout the following pesticide

applications:

(

a) restricted uses identified on the federal label;

(

b) forest management;

(

c) spraying trees with any insecticide other than Bacillus thuringiensis or

insecticidal soap;

(

d) mosquito adulticiding applications;

(

e) application of any nonselective residual herbicide containing any of the

following active ingredients:

(

i) atrazine;

(ii) bromacil;

(iii) diuron;

(iv) hexazinone;

(

v) imazapyr;

(vi) simazine;

(vii) sodium chlorate; and

(

f) application along a right-of-way with any pesticide product containing the

active ingredient picloram.

Pesticide Dispenser Assistants

(12) A "dispenser assistant" means an assistant that has been trained according

to a training checklist only (Appendix B);

(13) A dispenser assistant must be

(

a) at least 16 years of age to handle pesticides described in Schedules 2 or 3

of the Pesticide (Ministerial) Regulation, and

(

b) at least 18 years of age to handle pesticides described in

Schedule 1 of the

Pesticide (Ministerial) Regulation (A.R. 43/97).

(14) A dispenser must for each dispenser assistant, complete a training

checklist in the format provided in Appendix "B", or in a format acceptable to the

Director, documenting

(

a) the instruction of each assistant who is selling pesticides, and

(

b) the instruction of each assistant who is handling pesticides and dealing with

emergency responses involving pesticides.

(15) A dispenser must make the training checklists available to Alberta

Environment upon request and must keep a copy of the training checklist for a

period of not less than 5 years .

(16) A dispenser must ensure that each dispenser assistant is working in

accordance with the vendor sales, storage, and display requirements identified in

Sections 20, 22, 23, 24 and 25 of the Pesticide Sales, Handling, Use and

Application Regulation and other industry standards and good practices.

(17) A dispenser must ensure for each dispenser assistant that:

(

a) sales records are maintained in accordance with sections 18 and 19 of the

Pesticide (Ministerial) Regulation (A.R. 43/97); and

(

b) sales, handling and storage practices comply with provincial environmental

laws.

Procedural Requirement - Aerial Pesticide Applications

6(1) Aircraft performing aerial pesticide applications must be piloted by the

holder of an Aerial class of applicator certificate.

(2) Prior to performing aerial pesticide application, each aircraft's pesticide

application equipment must be checked and calibrated to standards that are

recognized by the Director. Each aircraft's pesticide application equipment must

be rechecked and re-calibrated to those standards every 20 months thereafter.

(3) An applicator must keep a record of the calibration of their aircraft that

indicates the date the calibration was performed and the calibration auditor that

performed the calibration and make it available on request by an inspector of the

Department.

(4) An applicator must keep a copy of the calibration record for a period of not

less than 5 years.

Procedural Requirements - Insurance Coverage

7(1) Every applicant for or holder of a pesticide service registration, other than

a government department or agency (Note: applies to both provincial and

municipal government), must provide the Director with a certificate of insurance

in the format acceptable to the Director each time that an insurance policy is

issued or renewed.

(2) A certificate of insurance will not be acceptable to the Director unless it

has been issued by an authorized representative of the insurer or the insurance

agent or broker, and states that the insurance covers pesticide application

activities.

(3) A pesticide service registration holder, shall at its own expense and

without limiting its liabilities herein, insure its operations under a contract of

General Liability Insurance, in accordance with the Alberta Insurance Act, in an

amount not less than $1,000,000 inclusive per occurrence, insuring against bodily

injury, personal injury and property damage including loss of use thereof.

(4) Pesticide service registration holders offering agriculture pesticide

application services as described in

Schedule 5 of the Pesticide (Ministerial)

Regulation (A.R. 43/97) must carry insurance covering pesticide drift liability in

an amount not less than $25,000 for any one occurrence.

(5) Pesticide service registration holders offering aerial pesticide application

services as described in

Schedule 5 of the Pesticide (Ministerial) Regulation

(A.R. 43/97) must carry aircraft liability insurance in accordance with the Alberta

Insurance Act including liability for deliberate low flying as required for the

conduct of the operation, for any and all aircraft involved in the aerial application

of pesticides, in an amount not less than $1,000,000 per occurrence and pesticide

drift liability in an amount not less than $25,000 for any one occurrence.

(6) The service registration holder must make insurance policy verifications

available to Alberta Environment upon request.

Operational Requirements - Pesticide Mixing and Loading Sites

8(1) In this section,

(a) "field pesticide mixing and loading site" means a temporary site that is not

routinely used for mixing or loading pesticides, and is any site other than a

primary pesticide mixing and loading site;

(b) "primary pesticide mixing and loading site" means a site that is routinely

used for mixing or loading pesticides, and is associated with

(

i) the permanent premises of a pesticide service;

(ii) a pesticide storage facility; or

(iii) any operation that involves the application of a pesticide by an

applicator.

(2) An applicator must not locate outdoor field pesticide mixing and loading

sites within 30 horizontal metres of an open body of water, unless at least one of

the following requirements is met:

(

a) a closed system designed, constructed and maintained to eliminate spills is

used for mixing and loading operations;

(

b) spray equipment of less than 20 litres total volume of pesticide solution is

used, and secondary containment of the mixing and loading operation is

used and is adequate to contain all of the pesticide and water mixture that

would result from a release during the mixing and loading operation; or

(

c) the pesticide is being applied directly to the water as part of an aquatic pest

management program.

(3) An applicator must

(

a) make a sketch of the area within a 50 metre radius surrounding a primary

pesticide mixing and loading site showing

(

i) site drainage pattern, including the location and distance of the

mixing and loading facility from drains that lead into wastewater

systems and storm drainage systems,

(ii) watering points, wells and other water sources;

(iii) open bodies of water; and

(iv) surrounding land uses.

(

b) make the sketch readily accessible and available to personnel working at

the primary pesticide mixing and loading site.

(4) For all pesticide mixing and loading sites, the applicator must ensure that a

contingency plan for the containment and cleanup of pesticide releases is

available and understood by any personnel working at a pesticide mixing and

loading site.

Operational Requirements - Emergency Response Equipment

9(1) An applicator, a holder of a pesticide service registration, a holder of a

wholesale or retail vendor registration, and a person who sells pesticides

described in

Schedule 3 of the Pesticide (Ministerial) Regulation (A.R. 43/97)

must ensure that emergency response equipment is available and operational in

accordance with

section 22 of the Pesticide Sales, Handling, Use and Application

Regulation (A.R. 24/97).

(2) Emergency response equipment referred to in

section 9(1) must include

(

a) personal protective equipment, at minimum as specified on the label and

material safety data sheets (MSDS) including

(

i) chemical-resistant gloves,

(ii) a chemical-resistant apron as required for the pesticides being

handled;

(iii) coveralls;

(iv) chemical-resistant boots;

(

v) eye protection;

(vi) respiratory protection, when indicated on material safety data sheets

(MSDS) and that meets occupational health and safety requirements;

(vii) a first aid kit that meets occupational health and safety requirements,

and

(viii) an emergency eyewash or emergency shower that meets

occupational health and safety requirements.

(

b) emergency response information, including

(

i) current and readily available material safety data sheets (MSDS)

and pesticide labels for all pesticides being used or stored;

(ii) emergency telephone numbers as required for the pesticides being

handled and the location of handling, including:

(

A) the Alberta Environmental Response Centre number

(1-800-222-6514), and

(

B) the provincial Poison Centre (1-800-332-1414).

(iii) a contingency plan for containment and clean up of pesticide

releases that is available and understood by any personnel working

at the operational or storage site.

(

c) spill clean-up materials, including, but not limited to

(

i) access to information to obtain and readily locate appropriate

absorbent materials, as specified on material safety data sheets

(MSDS) or by the pesticide product label or manufacturer;

(ii) access to information to obtain and readily locate appropriate

neutralizing materials as specified on material safety data sheets

(MSDS) or by the pesticide product label or manufacturer;

(iii) a broom and shovel;

(iv) containers with lids for waste material or leaking containers; and

(

v) labeling materials to identify contents of waste containers.

Operational Requirements - Disposal of Pesticide Rinsate and Pesticide

Solution

10 Applicators must dispose of pesticide rinsate and pesticide solution in

accordance with label directions and ensure that maximum label application rates

are not exceeded:

(

a) as mix water in spraying operations;

(

b) by spraying over the treated area; or

(

c) in a manner as authorized in writing by the Director.

Forest Management Pesticide Use

11(1) In this

section "owner" means a tenant or other person who is in lawful

possession or occupation of the land including, but not limited to, the holder of a

Forest Management Agreement, a Disposition Holder, or a quota holder.

(2) A project proposal must be submitted to Alberta Sustainable Resource

Development for any proposed application of pesticides in a forest.

(

a) A project proposal and written authorization from Alberta Sustainable

Resource Development is not required for the control of noxious weeds in

accordance with the Weed Control Act.

(

b) Proposals for herbicide use must be in accordance with the Forest

Management Herbicide Reference Manual.

(

c) Proposals for insecticide or fungicide use must be in accordance with

Alberta Sustainable Resource Development's policies and guidelines.

(3) The application of pesticides in a forest is restricted to the location, target

area, pesticide, pesticide application method, pesticide application rate, and

application time authorized in writing by a designated employee of Alberta

Sustainable Resource Development.

(4) An applicator responsible for supervising the pesticide application must be

in possession of the written authorization and the corresponding project proposal

referred to in

section 11(2) while pesticide treatments are being conducted and

must ensure that these documents are available for inspection at the mixing and

loading site. The written authorization (paper or electronic) must be retained as

part of the application record.

(5) An applicator must

(

a) identify all open bodies of water within the application site on paper or

electronic maps or aerial photographs;

(

b) keep maps and photographs referred to in subsection (

a) with or

electronically linked to application records; and

(

c) ensure sufficient marking or flagging of all open bodies of water that will

not be clearly visible to the applicator during the application.

(6) The following individuals or agencies must be notified a minimum of 72

hours prior to each pesticide application by the owner of the application site or

the owner's agent:

(

a) all private property owners and resident holders of a public land disposition

immediately adjacent to the application site;

(

b) all holders of a public land disposition on the application site; and

(

c) any person who was offered notification through a public involvement

program.

(7) The owner of the application site or the owner's agent must

(

a) post signs immediately prior to a pesticide application advising that a

pesticide application is in progress;

(

b) ensure that the signs remain in place for 30 days or until evidence of a

herbicide treatment is visible following the application; and

(

c) ensure that the signs are removed after 30 days or until evidence of the

herbicide treatment is visible.

(8) The owner of the application site must ensure that a mixing or loading site

is located

(

a) on land held by the owner of the herbicide treatment area;

(

b) on land held by an owner other than the owner of the herbicide treatment

area where the owner has given permission to conduct mixing and loading

operations; or

(

c) on land where a written authorization to conduct mixing or loading

operations has been provided by a designated employee of Alberta

Sustainable Resource Development.

(9) Pesticide mixing and loading sites must be planned and established by a

certified applicator that holds a Forestry class of applicator certificate.

(10) Pesticide mixing and loading must be conducted or directly supervised by

(

a) a certified applicator who holds a Forestry class of applicator certificate, or

(

b) an authorized assistant.

(11) The owner of the application site or owner's agent must keep a record for a

period of not less than 5 years of the:

(

a) individuals or agencies and date notified in subsection (6),

(

b) location, dates of posting and removal and a copy of the signs required in

subsection (7), or

(

c) location of the mixing and loading site established in accordance with

subsection (8).

Industrial Vegetation Management (roadside, powerline, pipeline and utility

rights-of-way)

12(1) Where a pesticide is to be applied on public land in the Green Area, the

applicator must

(

a) notify Alberta Sustainable Resource Development's land management

representative for the proposed application area at least 2 working days

prior to the proposed application date. The land management

representative may waive this requirement on a site specific basis if the

representative considers it appropriate to do so, and

(

b) retain a copy of the written permission or waiving of requirement as part of

the applicator record.

(2) Herbicide for woody plant control must not be applied in areas where the

woody plants being controlled exceed the lesser of the height

(

a) specified on a pesticide label; or

(

b) specified as follows:

(i) 1.5 metres height on rights-of-way adjacent to a numbered highway;

(ii) 2.5 metres height on rights-of-way adjacent to a road; or

(iii) 4.0 metres on a cross-country right-of-way.

(3) Section 12(2)(

b) does not apply where

(

a) less than 30 percent of the woody plants being controlled, based on

distribution over a one kilometre span, exceed the heights specified in that

section; and

(

b) any vegetation over 4 metres height on rights-of-way adjacent to a

numbered highway or a road is removed within 1 calendar year after

treatment.

(4) On rights-of-way where the woody plants that are being controlled cover

less than 30 percent of the treatment area, the applicator must conduct herbicide

applications on a selective, spot treatment basis.

(5) Prior to any pesticide application, the applicator must mark or flag all open

bodies of water that will not be clearly visible during the application.

Structural Pest Control

13(1) Prior to any structural pest control application conducted in a multiple-

family dwelling, the applicator or pesticide service must notify and maintain a

record of the owner of the building to be treated, or the owner's agent, of the

proposed application.

(2) The building owner, or the owner's agent in

section 13(1), must notify and

maintain a record of all persons who could be directly affected by the pesticide

application by providing each party with written information including the

following:

(

a) name, address and telephone number of the pesticide service;

(

b) preparation procedures for each room in a dwelling;

(

c) date and time to vacate the premises;

(

d) name and Pest Control Products Act (Canada) registration number of each

pesticide being used; and

(

e) re-entry periods for occupants and clean-up procedures.

(3) The written information in

section 13(2) must be provided 24 hours prior

to a structural pest control application unless persons who could be directly

affected by the pesticide application agree to a shorter period.

Fumigation

14(1) The applicator or pesticide service must complete a written site-specific

fumigation management plan before the fumigation commences, have the plan

readily available for inspection at the application site, and keep the plan as part of

the application record.

(2) The applicator or pesticide service carrying out a fumigation must notify

emergency responders (for emergency preparedness), the owner or owners of

adjacent structures, and the occupants of any structure where the fumigation may

constitute a potential adverse effect by providing written notice at least 24 hours,

but not more than 7 days, prior to the fumigation. In the event that the structure

contains one or more dwelling units, at least one occupant of each unit over the

age of 18 years, must be notified.

(3) The written notice must include the following information:

(

a) the address where the fumigation is to be performed;

(

b) name, address and emergency contact telephone number of the applicator

or pesticide service carrying out the fumigation;

(

c) the pesticide being used and the Pest Control Products Act (Canada)

registration number;

(

d) the date when the fumigation is proposed to be conducted; and

(

e) the importance of remaining outside the area to be fumigated while

warning signs are posted (including every building physically attached to

the fumigation area) until airing out is complete.

(4) The applicator or pesticide service, prior to each fumigation, must:

(

a) ensure no person, domestic animal or pet is inside the structure;

(

b) seal all openings in the structure or the portion of the structure where the

fumigation is to be performed, including drains, ducts, vents and cracks, in

a manner that will contain the gas; and

(

c) remove all substances from the structure that are not compatible with the

pesticide being used.

(5) The applicator or pesticide service, during the fumigation and until

completion of the airing out process, must:

(

a) ensure all warning signs remain posted and that no person enters the

structure;

(

b) in the event that entry is required prior to completion, ensure that the

applicator entering uses respiratory protection according to the pesticide

label or Material Safety Data Sheet (MSDS) and is accompanied by one

other person who is using the same protection;

(

c) ensure that the area around the structure, except those structures not

normally occupied by any person, is patrolled in a manner sufficient to

prevent any unauthorized person from entering the structure being

fumigated or any other attached structure; and

(

d) ensure there are sufficient buffer zones around treated buildings during the

fumigation and decontamination process to reduce the chances of

immediate harmful effects to bystanders (and persons patrolling the

exterior of the building being fumigated) from fumigant concentrations

escaping from the building into the air.

(6) Following completion of the prescribed fumigation time, the applicator or

pesticide service must:

(

a) circulate fresh air to every air space in the building where the fumigation

was performed, and to every air space in each attached structure; and

(

b) ensure airing out is complete prior to anyone being allowed to re-enter.

(7) The applicator must keep the following information as part of the

application record:

(

a) the date and a list of persons notified as required in subsection (2);

(

b) a copy of the written information provided as required in subsection (3);

(

c) the name of the person and the start and end time that this person patrolled

outside the structure being fumigated;

(

d) the extent of buffer zones provided around the treated buildings during the

fumigation and decontamination process; and

(

e) the start and end date and time of the prescribed fumigation time and the

airing out period.

Mosquito Control

15(1) An applicator controlling mosquito populations in an area established

through landowner and local authority agreement must provide notification to

residents in areas to be treated

(

a) prior to commencement of each annual mosquito larval pesticide

application program,

(

b) at least 24 hours, but not more than 7 days, prior to commencement of any

wide-scale mosquito adult pesticide application.

Pesticide Application Within 30 Horizontal Metres of an Open Body of

Water

16(1) In this

section "deposit" means depositing an amount that results in visible

effects on vegetation or an amount that is likely to cause an adverse effect.

(2) All applications must be conducted or supervised by

(

a) the holder of a certificate of qualification for pesticide application, or

(

b) the holder of a certificate recognized by the Director.

(3) Subsection (2)(

b) does not apply to pesticide applications made under the

provisions of subsections 16(12).

(4) The application must not result in the deposit of pesticides into or onto any

open body of water except in accordance with subsection 16(12).

(5) Applications must not be made within 250 metres upstream of any surface

water intake of a waterworks system.

(6) Aerial applications of pesticides to land must not be conducted while

flying directly over an open body of water.

Herbicide Applications - General

(7) Herbicides must not be deposited within 30 horizontal metres of an open

body of water unless the herbicide application is conducted by ground application

equipment only.

(8) Herbicides must not be deposited on areas that have slumped, been washed

out or are subject to soil erosion into the water body.

(9) Unless otherwise specified in the manufacturer's product label, applicators

may apply the herbicides listed in Table 1 provided that

(

a) herbicides are not deposited closer than 1 horizontal metre from an open

body of water;

(

b) applications are conducted for

(

i) the control of herbaceous plants classified as weeds named under the

Weed Control Act; or

(ii) control of woody plants less than 1.5 metres in height, to areas where

the woody plants interfere with forest generation or the safe

operation, functioning, or maintenance of man-made structures such

as dams, canals, drainage ditches, roads, industrial facilities, or

utility or pipeline rights-of-way;

(

c) applications are made selectively using

(

i) a backpack sprayer,

(ii) a pump-sprayer,

(iii) a hand-gun sprayer, or

(iv) an application method that targets individual plants; and

(

d) no more than 10 percent of any 100 square metres in the zone 1 - 5 metres

from an open body of water receives treatment in any calendar year.

Table 1

* aminopyralid (when used up to a maximum application rate of 0.12 kg/ha)

* chlorsulfuron

* clopyralid

* glyphosate

* metsulfuron-methyl (when used up to a maximum application rate of 0.09

kg/ha)

* triclopyr (when used up to a maximum application rate of 1.92 kg ai/ha)

(10) Unless otherwise specified in the manufacturer's product label, applicators

may apply the herbicides listed in Table 1 or Table 2 provided that

(

a) herbicides in Table 2 are not deposited closer than 5 horizontal metres from

an open body of water;

(

b) applications are conducted for:

(

i) the control of herbaceous plants classified as weeds named under the

Weed Control Act; or

(ii) the control of woody plants to areas where the woody plants interfere

with forest regeneration or the safe operation, functioning, or

maintenance of man-made structures such as dams, canals, drainage

ditches, roads, industrial facilities, or utility or pipeline rights-of-

way; and

(

c) applications are made selectively using a backpack sprayer, a pump-

sprayer, a hand-gun sprayer, a boom or boomless sprayer, or an application

method that targets individual plants;

(

d) no more than 30 percent of any 100 square metres in the zone 5-30 metres

from an open body of water receives treatment in any calendar year.

Table 2

* 2,4-D (when used up to a maximum application rate of 1.4 kg active

ingredient per hectare).

* aminopyralid (when used up to a maximum application rate of 0.12 kg active

ingredient per hectare)

* dicamba (when used up to a maximum application rate of 1.2 kg active

ingredient per hectare)

* dichlorprop (when used up to a maximum application rate of 1.2 kg active

ingredient per hectare)

* MCPA (when used up to a maximum application rate of 0.675 kg active

ingredient per hectare)

* triclopyr

(11) Unless otherwise specified in the manufacturer's product label, applicators

may apply herbicides for specific vegetation management situations as follows:

(

a) Purple Loosestrife (Lythrum salicaria) may be treated with glyphosate or

triclopyr, applied selectively by backpack or hand-pump sprayer to purple

loosestrife growing on dry land provided that:

(

i) no herbicide is deposited closer than 1 horizontal metre from

standing water; and

(ii) no more than 10 percent of any 100 square metres of land closer than

1 metre from an open body of water receives treatment in any

calendar year.

(

b) Forest Regeneration Sites may be treated with glyphosate applied

selectively or non-selectively by aircraft or ground equipment provided that

glyphosate is not deposited within 5 horizontal metres from an open body

of water.

(

c) Non-Vegetated Developed Areas such as maintained trails, roads, vehicle

parking lots, railway ballasts, shoreline rip-rap or armour, water

management structures and industrial sites such as flare stacks, pump sites,

equipment yards, and electrical substations may be treated with glyphosate

selectively or non-selectively by ground application equipment over the

entire area that is to be maintained non-vegetated.

(

d) Railway Ballasts may be treated with imazapyr provided that no herbicide

is deposited within 15 horizontal metres of an open body of water.

Herbicide Application for Aquatic Vegetation Control

(12) A product that contains the active ingredient diquat registered for aquatic

vegetation management may be used within a private man-made recreational lake

that is under the control of a homeowner's or resident's association in a

residential development provided that:

(

a) there is no discharge from the lake beyond the property limits of the

development;

(

b) applications must be conducted by the holder of an Aquatic class applicator

certificate;

(

c) public notification of each application must be provided between 2 and 14

days prior to the commencement of the application as follows:

(

i) a notice identifiable to the public must be posted at all public access

points to the lake;

(ii) a written notice of each application must be provided to all residents

of property adjoining the lake; and

(iii) following the application, signs must be posted at each application

site and at all public access points to the lake indicating the

application has taken place. The signs must remain in place for a

minimum of 48 hours after the application; and

(

d) during any application, the lake must be closed to public use; and no

swimming or wading occurs in areas treated for a period of at least 48

hours from the completion of the application.

Insecticide Application - General

(13) Unless otherwise specified in the manufacturer's product label,

insecticides listed in Table 3 may be deposited up to the bed and shore of an open

body of water provided the insecticide does not enter into or onto an open body

of water.

Table 3

* Bacillus thuringiensis,

* insecticidal soap,

* insecticides or insect growth regulators applied by direct injection, banding,

or basal spray.

(14) Insecticides may be used for structural pest control purposes on the interior

and the exterior of buildings located up to the bed and shore of an open body of

water in accordance with label directions.

Rodenticide Application - General

(15) Unless otherwise specified in the manufacturer's product label,

rodenticides may be applied up to the bed and shore of an open body of water

provided:

(

a) the rodenticide does not enter into or onto an open body of water; and

(

b) non-target organisms are not effected.

Pesticide Vendors - Sales for Acreage and Hobby Greenhouse Use

17 Vendors authorized to sell pesticides at retail in Alberta may sell the

following pesticides described in

Schedule 2 of the Pesticide (Ministerial)

Regulation (A.R. 43/97) for the following purposes to the owner of an acreage or

an operator of a hobby greenhouse:

(

a) acetic acid (EcoClear(r)) for the management of vegetation in shelterbelts

and non-cropland areas such as fencerows, parking areas, sidewalks, patios,

and driveways;

(

b) glyphosate for the management of vegetation in shelterbelts and non-

cropland areas such as fencerows, parking areas, and driveways;

for the management of broadleaf weeds in turf;

(

d) chlorophacinone for the management of ground squirrels in livestock

pastures;

(

e) oxine benzoate (No-Damp) for the management of fungal diseases on

plants in greenhouses;

(

f) Bacillus thuringiensis var. kurstaki (Btk) for the management of caterpillar

insect pests;

(

g) products for aquatic weed or algae control in dugouts;

(

h) dichlobenil (Casoron(

r) or Stryke(r)) for the management of vegetation in

woody ornamentals, shelterbelts and small fruits such as saskatoons,

blueberries, and raspberries;

(

i) mustard seed powder (Rocon(

r) Concentrate Rodenticide) for the control of

Richardson's Ground Squirrels, or

(

j) a pesticide for a purpose authorized in writing by the Director.

Code Amendment

18 This Code of Practice will be reviewed as changes in technology or

standards warrant.

Effective Date

19 This Code of Practice is effective May 12, 2010.

APPENDIX "A"

TRAINING CHECKLIST

FOR AUTHORIZED AND NON-CERTIFIED PESTICIDE APPLICATOR

ASSISTANTS

THE TRAINING CHECKLIST MUST BE COMPLETED YEARLY FOR

ALL ASSISTANTS, KEPT BY THE PLACE OF EMPLOYMENT (WITH

COPIES OF THE AUTHORIZED ASSISTANT CERTIFICATE), AND BE

MADE AVAILABLE TO ALBERTA ENVIRONMENT UPON REQUEST.

THE TRAINING CHECKLIST IS SPECIFIC TO THE PLACE OF

EMPLOYMENT SPECIFIED.

A NEW TRAINING CHECKLIST MUST BE COMPLETED:

* WHEN THE ASSISTANT CHANGES EMPLOYMENT, OR

* PRIOR TO USING A NEW TYPE OF TREATMENT (e.g. pesticide or

equipment change).

ASSISTANT'S NAME:

AUTHORIZED ASSISTANT CERTIFICATE NUMBER:

(indicate not applicable if the assistant is a non-certified assistant)

CERTIFICATION CLASS (please check all that apply):

___ AERIAL _ AGRICULTURE ___ AQUATIC

___ FORESTRY _ STRUCTURAL ___ FUMIGATION

___ GREENHOUSE _ INDUSTRIAL ___ LANDSCAPE

_____ BITING FLY _____ OTHER (please specify) ________________

ADDRESS:

NAME OF EMPLOYER:

ADDRESS OF EMPLOYER:

I, _________________________, Pesticide Applicator Certificate # __________,

(name of certified applicator)

have thoroughly reviewed with the above "Assistant", the following subject areas

(directly related to the certification class(es)indicated above) and find this person

competent to perform supervised pesticide applications in this (these)

certification class(es):

(a) _____ Demonstrated the proper fitting, use and maintenance of the

protective equipment;

(b) _____ Reviewed all labels and MSDS for pesticide products that will be

used;

s) to be controlled;

(

d) Can use the application equipment specific to this operation, including:

(i) _____ daily calibration procedures to ensure accurate and even

distribution of pesticide,

(ii) _____ proper mixing and loading procedures as specified by the

applicator,

(iii) _____ familiarity with all mechanical / operating parts of the

equipment,

(iv) _____ proper use and maintenance procedures,

(v) _____ drift control measures, and

(vi) _____ clean-up of equipment when changing pesticides or at the end

of the day.

(vii) List the types of equipment for which the use has been reviewed:

________________________________________________________

(

e) Understands the employer's pesticide application policies, including:

(i) _____ environmental conditions (wind, temperature, probability of

rain) that would stop or modify a pesticide application, and

(ii) _____ proximity to non-target areas that may require them to stop or

modify a pesticide application.

(

f) Understands the legislative requirements (including the Environmental

Code of Practice for Pesticides and the Pesticide Storage Guidelines

published by Alberta Environment) and employer's procedures, including:

(i) _____ restrictions for pesticide applications near water,

(ii) _____ pesticide transportation,

(iii) _____ temporary and permanent pesticide storage,

(iv) _____ pesticide container disposal, and

(v) _____ record-keeping related to all pesticide applications.

(

g) Understands the employer's Emergency Response Plan procedures and

equipment available for:

(i) _____ spill clean-up and reporting,

(ii) _____ fire and theft,

(iii) _____ first aid.

(h) _____ Is able to operate the communication equipment and understands the

proper communication procedures;

(i) _____ Understands how to handle complaints.

(j) _____ (for forestry applications only -) Understands the Risk Management

Section of the Forest Management Herbicide Reference Manual.

_______________ _____________________________

Date Signature of certified applicator

I have reviewed and understood the information as noted above, and believe that I

am competent to perform pesticide applications in the certification classes noted

above.

______________ ______________________________

Date Signature of Assistant

APPENDIX "B"

TRAINING CHECKLIST

FOR NON-CERTIFIED PESTICIDE DISPENSER ASSISTANTS

THE TRAINING CHECKLIST MUST BE COMPLETED YEARLY FOR

ALL ASSISTANTS, KEPT BY THE PLACE OF EMPLOYMENT, AND BE

MADE AVAILABLE TO ALBERTA ENVIRONMENT UPON REQUEST.

THE TRAINING CHECKLIST IS SPECIFIC TO THE PLACE OF

EMPLOYMENT SPECIFIED.

ASSISTANT'S NAME:

RETAIL OUTLET NAME:

RETAIL OUTLET ADDRESS:

I, ________________________________, with certificate _______________

(name of certified dispenser) (certificate #)

have thoroughly covered with the assistant, the subject areas listed below and

believe that the assistant is competent to dispense pesticides in accordance with

provincial regulatory requirements and with respect to the following health and

environmental safety considerations :

(

a) personal protection, including:

(i) ______ potential sources of exposure,

(ii) ______ how pesticides enter into the body,

(iii) ______ pesticide poisoning symptoms, and

(iv) ______ protective equipment use and maintenance;

(

b) pesticide labels, including:

(i) ______ purchaser/user certification requirements,

(ii) ______ toxicity of the pesticides and precautionary symbols and

wording,

(iii) ______ precautions for safe handling and use,

(iv) ______ directions for use,

(v) ______ limitations (e.g., pests controlled, use restrictions, preharvest

intervals, re-entry intervals, etc.),

(vi) ______ first aid instructions, and

(vii) ______ storage;

(

c) Material Safety Data Sheets, including:

(i) ______ hazardous ingredients,

(ii) ______ transportation classifications,

(iii) ______ procedures/preventative measures for safe handling and

storage,

(iv) ______ First aid and emergency procedures,

(v) ______ Fire and explosion hazards,

(vi) ______ Toxicity and health effects, and

(vii) ______ Reactivity data (e.g., temperature for storage);

(d) ______ pest identification sources of information;

(

e) legislation, including:

(i) ______ who can purchase and use the pesticides,

(ii) ______ certification requirement prior to purchasing,

(iii) ______ sales requirements,

(iv) ______ display restrictions,

(v) ______ record keeping requirements,

(vi) ______ transportation requirements,

(vii) ______ waste and container disposal, and

(viii) ______ storage requirements;

(

f) emergency response, including:

(i) ______ reviewing emergency response plans,

(ii) ______ use and maintenance of spill cleanup and personal protective

equipment,

(iii) ______ spill clean-up procedures and reporting,

(iv) ______ responding to fire and theft, and

(v) ______ first aid procedures; and

(g) ______ consumer concerns and questions.

_______________ _____________________________

Date Signature of certified dispenser

I have reviewed and understood the information as noted above, and believe that I

am competent to perform pesticide dispensing at the retail pesticide outlet

identified below.

_______________ _____________________________

Date Signature of dispenser assistant

_____________________________________________________________

Name of Retail Outlet

NOTE: The Dispenser must complete a Training Checklist for each outlet that

the dispenser assistant is performing pesticide dispensing.

Justice

Office of the Public Trustee

Property being held by the Public Trustee for a period of Ten

(10) Years

(Public Trustee Act)

Section 11 (2)(

b) Name of Person Entitled

to Property

Description

of Property

held and its

value or

estimated

value

Property part of

deceased person's

Estate or held under

Court Order:

Deceased's Name

Judicial District Court

File Number

Public Trustee

Office

Additional

Information

Missing/Unknown

beneficiaries of the Estate

of Wallace Everard Olsen

Balance of

funds

$6,865.85

Wallace Everard Olsen

JD of Edmonton

ES03 121268

Date of death

December 15,

Election of

Public Trustee

Seniors and Community Supports

PDD Northwest Region

Hosting Expenses Exceeding $600.00

For the period April 1, 2009 to December 31, 2009

Function: Spring Celebration Awards Night

Event Date: May 8, 2009

Amount: $9,347.20

Purpose: Annual event to recognize and honour the people, organizations and

businesses in our communities who make a positive difference in the lives of persons

with developmental disabilities in northwest Alberta.

Location: Grande Prairie AB

Sustainable Resource Development

Hosting Expenses Exceeding $600.00

For the period January 1, 2010 to March 31, 2010

Function: Meeting of the Endangered Species Conservation Committee.

Purpose: Review recent status evaluations by its Scientific Subcommittee.

Date: November 7, 2009

Amount: $826.34

Location: Edmonton

Function: Meeting of the Canadian Interagency Forest Fire Centre (CIFFC) Council

of Directors.

Purpose: As the current chair of the CIFFC Council of directors, Alberta hosted the

yearly face to face meeting to discuss 2009 business and to prepare for the annual

Board of Corporate Trustees meeting.

Date: January 26-28, 2010

Amount: $3,732.00

Location: Calgary

Function: Workshop with the Alberta Caribou Committee Governance Board.

Purpose: To seek advice and develop a ranking system for caribou populations in

Alberta that can be used as a guide for management.

Date: February 3, 2010

Amount: $1,003.28

Location: Edmonton

Alberta Fishery Regulations, 1998

Notice of Variation Order 05-2010

Commercial Fishing Seasons

The close times and quotas set out in

Schedule 8 to the Alberta Fishery Regulations in

respect of the waters listed in the

Schedule to this Notice have been varied by

Variation Order 05-2010 by the Director of Fisheries Management in accordance with

section 3 of the Alberta Fishery Regulations.

Where fishing with gill nets is permitted during an open season established by the

Order, the gill net mesh size has been specified in the Order.

Pursuant to Variation Order 05-2010 commercial fishing is permitted in accordance

with the following schedule.

SCHEDULE

PART 1

Item - 1

Column 1 Waters - In respect of: (55.1)Lesser Slave Lake (74-11-W5)- that portion

east of the eastern boundary of Range 10, west of the 5th Meridian

Column 2 Gear - Gill net not less than 127 mm mesh

Column 3 Open Time - A. In respect of Lesser Slave Lake excluding the following

portions: - that entire portion (including all of the West Basin) of Lesser Slave Lake

west of a line drawn from the point of land on Swan point at NW22-74-9-W5M

northwest to the point of land where the east boundary of SE22-75-9-W5M intersects

the north shore of Lesser Slave Lake; - that portion within 0.8 km (0.5 miles) of either

of the outlets of the Swan River (NW 22-74-9-W5); - that portion that is within 3 km

from the mouth of the Marten River (NW 18-75-6-W5); - that portion within 800 m

of the island locally known as Dog Island located in NW 14-73-6-W5M; - that portion

within 3 km of the mouth of the Lesser Slave River located in SE 12-73-6-W5M; -

that portion which is less than 50 feet (15.24

m) in depth: 08:00 hours May 10, 2010

to 16:00 hours May 18, 2010; 16:01 hours May 18, 2010 to 16:00 hours June 15,

2010. B. In respect of all other waters: Closed.

Column 4 Species and Quota - 1) Lake whitefish: 145,000 kg; 2) Walleye: 2,000 kg;

3) Yellow perch: 50 kg; 4) Northern pike: 3,500 kg; 5) Tullibee: 5,000 kg; 6) Lake

trout: 1 kg.

______________

Notice of Variation Order 06-2010

Commercial Fishing Seasons

The close times and quotas set out in

Schedule 8 to the Alberta Fishery Regulations in

respect of the waters listed in the

Schedule to this Notice have been varied by

Variation Order 06-2010 by the Director of Fisheries Management in accordance with

section 3 of the Alberta Fishery Regulations.

Where fishing with gill nets is permitted during an open season established by the

Order, the gill net mesh size has been specified in the Order.

Pursuant to Variation Order 06-2010 commercial fishing is permitted in accordance