2 Application of
other laws
3 Exemption for
research and testing
4 Exempted
pesticides
5 Prohibition ‑
adverse effect
6 Use of
containers
7 Crossing
through water
8 Water
precautions
9 Aerial
application
10 Use,
application and handling of pesticide
11 Term of
applicator certificate
12 Use of
assistant
13 Label
applicator designation
14 Insurance
15 Term of service
registration
16 Fumigants and
suspensions in air
17 Requirements re
registered pesticides
18 Dispensers
19 Term of vendor
registrations
20 Restrictions on
sale
21 Notice at time
of sale
22 Emergency
response equipment
23 Storage of
pesticides
24 Display of
pesticides
25 Display or sell
26 Transportation
of pesticides
27 Mixing and
loading pesticides
28 Disposal of non‑refillable
containers
29 Disposal of
other containers or grain
30 Refillable
containers
31 Cancelled
registered pesticides
32 Disposal of
pesticide rinsate
33 Offences
34 Due diligence
defence
Repeals
35 Repeal
Coming into Force
36 Coming into
force
Review
37 Review
Definitions
1 In this Regulation,
(a) “acreage”
means cultivated land that is not located in residential, commercial or
industrial areas within the boundaries of a city, town, village, specialized
municipality, summer village or hamlet;
(b) “Act”
means the Environmental Protection and
Enhancement Act;
(c) “active
ingredient” means the component of a pesticide formulation, also known as the
technical product or guarantee, that is responsible for killing or modifying
the actions of a pest;
(d) “agricultural
production” means the primary production of an agricultural, horticultural or
arboricultural commodity, including greenhouse production, for financial gain;
(e) “air
gap” means a space between the end of a water delivery hose or line and the
water or other solution in a holding or spray tank;
(f) “antimicrobial
pesticide” means any product that is used for the control of bacteria, fungi,
viruses or other microbes in or on inanimate objects, and includes anti‑fouling
paints, hard‑surface disinfectants, laundry additives, material
preservatives, sanitizers, slimicides and swimming pool algicides and
bactericides, but does not include wood preservatives;
(g) “applicator”
means the holder of the appropriate class of applicator certificate;
(h) “applicator
certificate” means a certificate of qualification referred to in section 3 of
the Pesticide (Ministerial) Regulation;
(i) “assistant”
means a person who is not an applicator but who uses or applies a pesticide
under the supervision of an applicator;
(j) “backflow
prevention device” means a device that prevents the reverse flow of water drawn
from a water supply into a hose back into the water supply;
(k) “bed
and shore” means land that is or has been covered by water to the extent that
(i) no vegetation grows on the land, or
(ii) the vegetation that grows on the land is aquatic vegetation that
must be partially submerged in water for part of its life cycle to survive;
(l) “code”
means the three letter code used by federal authorities responsible for the Pest
Control Products Act (Canada) to identify active ingredients;
(m) “commercial
agriculturalist” means a person who is engaged in agricultural production, but
does not include a person who
(i) sells a pesticide or transfers a pesticide for sale,
(ii) uses or applies a pesticide for hire or reward, or
(iii) stores a pesticide to be sold, transferred, used or applied for
reward;
(n) “container
collection site” means a site for the collection of pesticide containers for a
temporary period of time and that meets the design and location requirements of
the Director;
(o) “cross
through an open body of water” means navigating on or through an open body of
water, but does not include crossing over the water by means of a bridge or by
air;
(p) “Director”
means the person designated by Ministerial order as Director for the purposes
of this Regulation;
(q) “dispenser”
means a person 18 years of age or older who holds a dispenser certificate
recognized by the Director or has other qualifications recognized by the
Director;
(r) “display
a pesticide” means to keep a pesticide for sale in an area accessible to the
public;
(s) “fertilizer”
has the same meaning as in the Fertilizers Act (Canada);
(t) “fish
toxicant” means a pesticide that is used for the management or control of fish;
(u) “food”
means any commodity, including a beverage, that is used for human or livestock
consumption;
(v) “forest”
means an area that is in forest cover in the Green Area;
(w) “formulant”
means any ingredient or component that by itself is not responsible for the
control of a pest, and includes, but is not limited to, solvents, diluents and
emulsifiers;
(x) “formulation”
means the active ingredient that is mixed with formulants and is registered
under a unique number pursuant to the Pest Control Products Act
(Canada);
(y) “fumigant”
means any pesticide listed as a fumigant in Schedule 1;
(z) “fumigation”
means the use or application of a fumigant or a suspension in air;
(aa) “Green
Area” means that part of Alberta shown outlined and coloured green on the map
annexed to
(i) a Ministerial Order dated May 7, 1985 and made pursuant to
section 10 of the Public Lands Act (RSA 1980 cP‑30), as that
Order is amended from time to time, or
(ii) any order made in substitution for the order referred to in
subclause (i), as amended from time to time;
(bb) “greenhouse”
means a greenhouse having an area of at least 100 square metres;
(cc) “grocery
store” means a store that sells primarily food, including but not limited to
(i) fresh or frozen meat,
(ii) fresh or frozen produce,
(iii) fresh dairy products, and
(iv) baked goods;
(dd) “grounds”
means the land that surrounds a building and is used for the same purposes that
the building is used for;
(ee) “hire
or reward” means compensation through the exchange of money, commodities or
services;
(ff) “hobby
greenhouse” means a greenhouse having an area of less than 100 square metres;
(gg) “holding
tank” means any vessel, other than a pesticide container or a pesticide spray
tank, that is used to hold a pesticide concentrate or pesticide solution prior
to application;
(hh) “hose‑end
sprayer” means an apparatus that contains a pesticide concentrate or solution
attached to a water source by a hose so that the pesticide is mixed with water
and released as water flows through the apparatus;
(ii) “loading”
means the process of placing a pesticide concentrate into a holding, mixing or
spray tank;
(jj) “mixing”
means the act of diluting a pesticide to create or alter a pesticide solution;
(kk) “mixing
and loading site” means any location used for mixing and loading pesticides;
(ll) “open
body of water” means the bed and shore of an irrigation canal, drainage canal,
reservoir, river, stream, creek, lake, marsh or other body of water, but does
not include the following:
(i) waterworks systems;
(ii) reservoirs, lakes, marshes or other bodies of water that are
completely surrounded by private land, that have an area of less than 4
hectares and have no outflow of water beyond the private land;
(iii) reservoirs, lakes, marshes or other bodies of water that are
located on public land, that have an area of less than 0.4 hectares, and have
no outflow of water;
(iv) irrigation and drainage canals that are completely surrounded by
private land and have no outflow beyond the private land;
(v) roadside ditches;
(vi) wastewater systems;
(vii) storm drainage systems;
(viii) dry streams having a bed and shore averaging 0.5 metres or less
in width within the boundaries of the treatment area;
(ix) a man‑made water hazard that is located on a golf course
and has no outflow of water beyond the golf course boundary;
(mm) “personal
use items” means
(i) prescription and non‑prescription drugs,
(ii) first aid supplies,
(iii) feminine hygiene products,
(iv) disposable diapers and incontinent products,
(v) personal grooming products, and
(vi) health care supplies;
(nn) “pesticide”
means a pesticide as defined in the Act, but does not include a pest control
product or device that is designated by a “ZZA, ZZB, ZZD, ZZE, ZZG, ZZP or ZZZ”
code and does not contain an active ingredient;
(oo) “pesticide
concentrate” means a pesticide product or formulation that is either used full
strength or requires dilution with water or any other diluent;
(pp) “pesticide
rinsate” means a pesticide and water solution resulting from spray tank
washing, spray tank or spray line flushing, or from pesticide container
rinsing;
(qq) “pesticide
service registration” means a pesticide service registration referred to in
section 8 of the Pesticide (Ministerial) Regulation;
(rr) “pesticide
solution” means a mixture of water or any other diluent and pesticide that has
been prepared according to label directions;
(ss) “private
land” means land that is not public land;
(tt) “public
land” means land owned by the Government, the Government of Canada, a local
authority or an irrigation district, but does not include such land that is
leased for grazing or agricultural purposes;
(uu) “refillable
container” means a pesticide container that has been specifically designed and
approved by the manufacturer for re‑filling with the same pesticide that
originally was sold in the container;
(vv) “registrant”
means the person in whose name a certificate of registration is issued under
the Pest Control Products Act (Canada) or the Fertilizers Act (Canada);
(ww) “research
or testing” means the evaluation of a pesticide to support a new label use or
application rate, or to modify an existing label use;
(xx) “researcher”
means a person qualified to perform pesticide research or testing and is employed
by
(i) a university or other institution of research or testing,
(ii) the Government or a Government agency or the Government of Canada
or an agency of the Government of Canada, or
(iii) a registrant or the registrant’s agent;
(yy) “residential
area” means any area of land that has been subdivided for residential purposes
where any individual land parcel within the subdivision is less than 20 acres,
excluding individual farmsteads;
(zz) “retail
vendor registration” means a retail vendor registration referred to in section
14(2) of the Pesticide (Ministerial) Regulation;
(aaa) “road”
means a highway or road that the public is ordinarily permitted to use for the
passage or parking of vehicles, but does not include a privately owned road;
(bbb) “Schedule
1, 2, 3, 4 or 5” means Schedule 1, 2, 3, 4 or 5 of the Pesticide
(Ministerial) Regulation;
(ccc) “sell
at retail” means to transfer a pesticide or to sell or offer to sell a
pesticide to a purchaser for the purpose of use and not for resale;
(ddd) “sell
at wholesale” means to transfer a pesticide or to sell or offer to sell a
pesticide, other than at retail, and includes the operation of a storage
facility;
(eee) “spray
tank” means a vessel used to hold a pesticide concentrate or solution for the
purpose of using or applying the pesticide;
(fff) “storage
facility” means a place where pesticides are stored, including, without
limitation, a building, a room, a cabinet, a storage tank, a compound or a
compartment in a building or a vehicle;
(ggg) “storage
site” means the grounds on which a storage facility is located;
(hhh) “suspension
in air” means a pesticide that is listed as a suspension in air in Schedule 1;
(iii) “transfer”
means to move a pesticide from one location to another or from one person to
another as part of the distribution rather than the sale of the pesticide;
(jjj) “vertebrate
toxicant” means a pesticide used to control vertebrate animals but does not
include fish toxicants;
(kkk) “watering
point” means a watering point as defined in section 1(1)(n) of the Potable
Water Regulation;
(lll) “wholesale
vendor registration” means a wholesale vendor registration referred to in
section 14(1) of the Pesticide (Ministerial) Regulation;
(mmm) “wood
preservative” means any pesticide registered under the Pest Control Products
Act (Canada) whose label use patterns indicate that the pesticide is to be
used for the preservation and protection of wood or wood products, but does not
include a pesticide that is used to protect cut logs against wood‑boring
insects;
(nnn) “woodland”
means any area of trees but does not include the following:
(i) a forest;
(ii) a tree nursery;
(iii) a farm shelterbelt;
(iv) an orchard;
(v) an area of trees that is smaller than 4 hectares in size, is
completely surrounded by private land and is separated from trees on adjoining
land;
(vi) a seed orchard;
(vii) a progeny test site.
AR 24/97
s1;251/2001;271/2003
Application of other
laws
2(1) The requirements of this Regulation are in addition to any
applicable provisions of the Fertilizers Act (Canada) and the Pest
Control Products Act (Canada) and the regulations under those Acts.
(2) If
there is a conflict between the requirements of this Regulation and any
applicable provision of the Fertilizers Act (Canada) and the Pest
Control Products Act (Canada) and the regulations under those Acts, the
most stringent requirement prevails.
Exemption for
research and testing
3 A researcher who is conducting research
or testing in accordance with the Pest Control Products Act (Canada) is
exempt from
(a) section
163 of the Act,
(b) this
Regulation, except sections 2 and 5, and
(c) the Pesticide (Ministerial) Regulation
(AR 43/97), except section 9.
AR 24/97
s3;251/2001;271/2003
Exempted pesticides
4 Pesticides listed in Schedule 4 are
exempt from
(a) the
application of Part 8, Division 2 of the Act, except section 163, and
(b) this Regulation, except sections 2, 5, 6,
13, 17, 29, 31, 32, 33 and 34.
AR 24/97 s4;251/2001
Prohibition - adverse
effect
5(1) No person shall
(a) use,
apply, supply, handle, transport, display, store or dispose of
(i) a pesticide, or a container used to hold a pesticide,
(ii) seed that has been treated or mixed with a pesticide, or
(iii) wood that has been treated with a pesticide,
or
(b) operate
any machine, equipment or vehicle, aircraft or vessel in connection with the
use, application, handling, transportation, storage or disposal of a pesticide
in a manner or at a
time or place that causes or is likely to cause an adverse effect.
(2) For the purposes of subsection (1),
“adverse effect” does not include an effect that results from the application
of a pesticide on an intended application site in a manner that conforms with
the label, this Regulation and the Pesticide
(Ministerial) Regulation.
Use of containers
6(1) No person shall
(a) sell
or offer to sell a pesticide in a container other than the container in which
the pesticide was originally stored or offered for sale after its manufacture,
or
(b) possess
a pesticide in a container other than the container in which the pesticide was
originally stored or offered for sale after its manufacture.
(2) Subsection
(1)(b) does not apply
(a) to
storing or keeping pesticides in holding or spray tanks, or
(b) where
the container in which a pesticide was originally stored or offered for sale
after its manufacture is damaged and the pesticide is moved to a temporary
container to prevent spillage.
(3) Where
subsection (2)(b) applies, the person responsible for the pesticide shall
ensure that the product label from the pesticide or a copy of it is securely
attached to the temporary container.
Crossing through
water
7 Subject to the terms and conditions in an
approval, no person shall cross through an open body of water with any
equipment used to hold, mix or apply a pesticide unless
(a) pesticide
concentrate is confined within a secured, leakproof secondary container,
(b) containers
of pesticide solutions are securely attached to the vehicle or vessel,
(c) spray
booms, spray equipment and the surface of the sprayer decks are kept above the
water, and
(d) crossing
points have a solid bottom and water shallow enough to allow easy passage for
the equipment, where the equipment is or is carried by something other than a
boat.
Water precautions
8(1) Subject to any terms and conditions in an
approval, no person shall draw or pump water from an open body of water
directly into an aircraft, vessel, vehicle, machine, equipment or container
used to hold, mix or apply a pesticide unless
(a) where
the spray tank is filled from the top,
(i) an air gap is maintained between the water supply outlet and the
aircraft, vessel, vehicle, machine, equipment or containers, and
(ii) a person 16 years of age or older is present at all times during
the filling procedure,
and
(b) where
the spray tank is filled at a location other than the top, an operating system
is in place to prevent backflow or back-siphonage from the spray tank.
(2) No
person shall draw or pump water from a watering point directly into an
aircraft, vessel, vehicle, machine, equipment or container used to hold, mix or
apply a pesticide unless
(a) an
air gap is maintained between the watering point and the aircraft, vessel,
vehicle, machine, equipment or container,
(b) a
person over the age of 16 is present at all times during the filling procedure,
and
(c) the
owner of the watering point consents to the operation.
(3) No
person shall draw water from a tap in a residential, commercial or industrial
building into a hose‑end sprayer unless the sprayer is equipped with a
back‑flow prevention device that is operational.
(4) No
person shall divert water from a river, stream, lake, natural watercourse or
other natural water body for the purposes of pesticide application unless
(a) the
person is an exempted agricultural user under section 19 of the Water Act,
or
(b) the
person is diverting water such that
(i) no more than 50 cubic metres of water is drawn from any location
site in a calendar year,
(ii) the water source is not in an area where there is administration
of the priority of water licences and registrations under the Water Act,
and
(iii) the diversion of water will not result in a
significant adverse effect on the aquatic environment.
AR 24/97 s8;271/2003
Aerial application
9(1) No person shall apply a pesticide by aircraft
over an open body of water, woodland or residential area unless the label for
the pesticide specifically authorizes aerial application over the open body of
water, woodland or residential area for a particular pest.
(2) Where
a pesticide label is silent respecting aerial applications or it is unclear
whether the pesticide label specifically authorizes aerial application over
open bodies of water, woodlands or residential areas for a particular pest, a
person conducting an aerial application must request a determination from the
Director and the Director’s determination is final.
(3) No
person shall apply a pesticide for forest management by any application method
unless the pesticide and application method are authorized by the latest
edition of the Environmental Code of Practice for Pesticides published
by the Department.
Use, application and
handling of pesticide
10 No applicator shall use, apply or handle
a pesticide other than in accordance with the latest edition of the Environmental
Code of Practice for Pesticides published by the Department.
Term of applicator
certificate
11(1) Unless the Director prescribes a shorter period
of time, an applicator certificate expires 5 years after the date of issue.
(2) The
Director may issue an applicator certificate for a shorter period where the
Director considers it appropriate to do so.
Use of assistant
12 An applicator who employs or otherwise
uses the services of a person to assist the applicator in applying or mixing
pesticides must ensure that the assistant is qualified, trained and supervised
in accordance with the latest edition of the Environmental Code of Practice
for Pesticides published by the Department.
Label applicator
designation
13 Where a pesticide label that conforms to
the requirements of the Pest Control Products Act (Canada) specifies
that the pesticide must only be applied by an authorized applicator, certified
applicator, approved applicator or pest control operator or contains any
similar restriction, no person other than the following shall apply the
pesticide:
(a) an
applicator;
(b) a
commercial agriculturalist who has successfully completed training recognized
by the Director in the use and application of pesticides;
(c) a
public officer applying the pesticide under the authority of the Agricultural
Pests Act, the Bee Act, the Public Health Act or the Weed
Control Act;
(d) a designated employee of the Government
applying fish toxicants or vertebrate toxicants as part of a program of the
Government.
AR 24/97 s13;271/2003
Insurance
14(1) An applicant for or holder of a pesticide
service registration must carry insurance for himself and his employees in
accordance with the latest edition of the Environmental Code of Practice for
Pesticides published by the Department.
(2) If
the insurance expires or is cancelled, the registration in respect of which the
insurance was required under subsection (1) is automatically cancelled.
Term of service
registration
15(1) Unless the Director prescribes a shorter period
of time, a pesticide service registration expires 10 years after its date of
issue.
(2) The
Director may issue a pesticide service registration for a shorter period if the
Director considers it appropriate to do so.
Fumigants and suspensions
in air
16(1) In this section, “adjacent structure” means
every structure that has a common floor, ceiling or wall with the structure
where the fumigation is to be performed.
(2) No
person shall conduct a pesticide fumigation unless
(a) the
area to be fumigated and any adjacent structures are unoccupied and secured
against entry until fumigation and ventilation have been completed,
(b) warning
signs have been posted at all entrances to the area being fumigated,
(c) 2
persons 18 years of age or older are present while the fumigation is being
conducted,
(d) the
occupants of any structure where the fumigation may constitute a potential
adverse effect have been notified in accordance with the latest edition of the Environmental
Code of Practice for Pesticides published by the Department, and
(e) the
fumigation is conducted in accordance with the latest edition of Environmental
Code of Practice for Pesticides published by the Department.
Requirements re
registered pesticides
17(1) No registrant or his agent shall supply or
offer to supply a pesticide listed in Schedule 1 or 2, unless the registrant or
the registrant’s agent has previously given written notice to the Director that
includes
(a) a
copy of the pesticide label,
(b) a
material safety data sheet for the pesticide,
(c) an
analytical standard and method of analysis for active ingredients, and
(d) any
additional information the Director may require.
(2) A
registrant or registrant’s agent must forward to the Director within 30 days of
the date of a written request from the Director
(a) a
list of all persons in Alberta to whom the registrant supplies any pesticides
listed in Schedule 1, 2, 3 or 4, and
(b) the
names and total quantity of pesticides sold.
(3) All
persons who sell pesticides at wholesale must forward to the Director within 30
days of the date of a written request from the Director a list of all persons
who sell at retail pesticides supplied by the wholesaler.
(4) Where
a registrant, a person who sells at wholesale or a person who sells at retail
is supplying or offering to supply a pesticide and that person is unclear
whether the pesticide is listed in Schedule 1, 2, 3 or 4, that person must
treat the pesticide as if it were listed in the more restrictive category for
that class of pesticide and request a decision from the Director.
(5) The
Director’s decision under subsection (4) is final.
(6) A
registrant or the registrant’s agent must, within the time prescribed by the
Director in a written request to the registrant, collect at a container
collection site, or at any other site designated by the Director, any
containers that contained any pesticide listed in Schedule 1 or 2 that was
manufactured or supplied by the registrant and
(a) take
the containers to a facility designated by the Director to recycle the
containers, or
(b) in the absence of a designated facility,
dispose of the containers in a manner acceptable to the Director.
AR 24/97 s17;271/2003
Dispensers
18 No person shall sell at retail a
pesticide listed in Schedule 1, 2 or 3 unless that person employs at least one
dispenser at each sales outlet.
Term of vendor
registrations
19(1) Unless the Director prescribes a shorter period
of time, a wholesale vendor registration and a retail vendor registration
expire 10 years after the date of issue.
(2) The
Director may issue a wholesale vendor registration or a retail vendor
registration for a shorter period if the Director considers it appropriate to
do so.
Restrictions on sale
20(1) No person shall sell at wholesale
(a) a
pesticide listed in Schedule 1 or 2 to any person unless that person is the
holder of
(i) a wholesale vendor registration, or
(ii) a retail vendor registration and employs a dispenser,
or
(b) a
pesticide listed in Schedule 3 to any person unless that person
(i) is the holder of a wholesale vendor registration, or
(ii) sells at retail and employs a dispenser.
(2) No
person shall sell at retail a pesticide listed in Schedule 1 or 2 to any person
unless that person
(a) holds
the appropriate pesticide service registra
