2 Classification
of pesticides
3 Applicator
certificate required
4 Qualifications
for applicator certificate
5 Certificate for
aerial application
6 Notice to
provide information: applicator
7 Service
registration
8 Application for
service registration
9 Special use
approval
10 Application for
special use approval
11 Creating records
12 Keeping records
13 Notice to
provide information: pesticide service registration
14 Vendor
registration
14.1 Dispenser
required
15 Application for
vendor registration
16 Refusal of
registration
17 Wholesale
vendor records
18 Retail vendor
records
19 Keeping of
records
20 Notice to
provide information: retail vendors
Transitional
21 Transitional ‑
applicators
Repeals
22 Repeal
Coming into Force
23 Coming into
force
Review
24 Review
Schedules
Definitions
1(1) In this Regulation,
(a) “cultivated
land” means land that has been cleared, improved and prepared to raise
agricultural crops or livestock, and includes pastures, improved rangeland and
areas that have been landscaped for managed turf and ornamental plantings;
(b) “forest
management” means the management of a forest for wood, fibre, wildlife or
recreation;
(c) “indoor
use” means use inside a building, including use in aquariums, on houseplants
and on fabrics;
(d) “multiple‑family
dwelling” means one or more dwellings consisting of individual living units,
whether attached to one another by a common wall or not, including but not
limited to apartments, townhouses and condominiums;
(e) “park”
means land whose primary use is public recreation and to which the public has
access;
(f) “ready‑to‑use”
means a pesticide that does not require any mixing or loading prior to use;
(g) “right
of way” means land used for power lines, pipelines, irrigation or drainage
canals, roadways or railways;
(h) “wildlife
official” means a wildlife guardian appointed under the Wildlife Act or
a conservation officer appointed under section 7(1) of Schedule 5 to the Government
Organization Act.
(2) Terms that are defined in the Pesticide
Sales, Handling, Use and Application Regulation have the same meaning when
they are used in this Regulation.
AR 43/97
s1;27/2000;251/2001;279/2003
Classification of
pesticides
2 Pesticides classified in Schedules 1 to 4
of this Regulation are pesticides to which Part 8 of the Act and the Pesticide
Sales, Handling, Use and Application Regulation apply.
Applicator
certificate required
3(1) No person shall use or apply a pesticide listed
in Schedule 1 or 2 unless that person
(a) holds
the appropriate class of applicator certificate listed in Schedule 5 for that
use or application, or
(b) is
working under the supervision of an applicator and in accordance with the
latest edition of the Environmental
Code of Practice for Pesticides, published by the Department.
(2) Subsection (1) does not apply to
(a) a
commercial agriculturalist using or applying pesticides on land he owns,
(b) a
person using or applying pesticides for acreage or hobby greenhouse use who has
purchased the pesticides in accordance with section 20 of the Pesticide
Sales, Handling, Use and Application Regulation,
(c) a
public officer using or applying pesticides under the authority of the Agricultural
Pests Act, the Bee Act, the Public Health Act or the Weed
Control Act, or
(d) a
designated employee of the Government using or applying pesticides that are fish
toxicants or vertebrate toxicants as part of a program of the Government.
(3) No
person, other than a person referred to in subsection (1), shall use or apply a
pesticide listed in Schedule 3
(a) in
a rental dwelling used for human habitation,
(b) in
or on the grounds of a school, hospital, nursing home or daycare facility,
(c) in
the common areas of a multiple‑family dwelling, including but not limited
to hallways and laundry rooms,
(d) on
the common grounds of a multiple‑family dwelling, including but not
limited to playgrounds, recreational areas, lawns and swimming pools, or
(e) for
hire or reward.
(4) Subsection (3)(a) does not apply to a person
who uses or applies the pesticide in a dwelling that the person rents.
AR 43/97 s3;279/2003
Qualifications for
applicator certificate
4(1) An applicant for an applicator certificate must
(a) be
at least of 18 years of age, and
(b) pass
an examination or have qualifications recognized by the Director concerning the
proper and safe handling, use, storage, application and disposal of pesticides
used in the class of applicator certificate for which the applicant is
applying.
(2) The
Director may refuse to issue an applicator certificate if
(a) the
applicant has contravened the Act or this Regulation or the Pest Control
Products Act (Canada) or any of the regulations under that Act, or
(b) the Director considers that the applicant is
not able to conduct pesticide applications in accordance with the Act and this
Regulation.
AR 43/97 s4;279/2003
Certificate for
aerial application
5 In addition to the requirements of
section 4, an applicant for an aerial applicator certificate must establish to
the Director’s or the authorized representative of a designated organization’s
satisfaction that the applicant holds the appropriate flight crew licence
issued under the Aeronautics Act (Canada).
Notice to provide
information: applicator
6(1) The Director may, at any time by notice in
writing, request an applicator to provide information with respect to the
applicator’s pesticide application activities, including but not limited to the
following:
(a) the
applicator’s current employer;
(b) the
applicator’s current address;
(c) the
use of particular pesticides;
(d) the
name and address of assistants who have used or applied pesticides on behalf of
the applicator.
(2) A
person who receives a notice under subsection (1) must comply with it.
(3) The
applicator must notify the Director within 30 days of the date of a change of
the applicator’s mailing address or name.
Service registration
7(1) No person shall, unless that person holds a
pesticide service registration,
(a) offer
or provide a service involving the use or application of a pesticide listed in
Schedule 1, 2 or 3 for hire or reward, or
(b) use
or apply a pesticide listed in Schedule 1, 2 or 3, whether or not for hire or
reward,
(i) on a right of way,
(ii) on a park, boulevard, campground or picnic area located on public
land, or
(iii) for forest management.
(2) Subsection
(1)(b)(i) does not apply where
(a) the
pesticide is used or applied by the owner of the right of way for agricultural
production,
(b) the
pesticide is used or applied in accordance with an approval that authorizes the
use or application and is issued in respect of an activity listed in Division 3
of Schedule 1 to the Activities Designation Regulation, or
(c) the
pesticide is a fish toxicant or vertebrate toxicant and is used or applied by a
designated employee of the Government as part of a program of the Government.
(3) Subsection (1)(a) does not apply in respect of
a person who advertises a service that is offered by another person and that
other person holds the required pesticide service registration.
AR 43/97 s7;279/2003
Application for
service registration
8(1) An applicant for a pesticide service
registration must submit an application in a form acceptable to the Director
containing the following information:
(a) the
name and address of the applicant;
(b) the
location and description of each outlet where the applicant will offer a
service involving the use or application of a pesticide;
(c) the
nature of the service corresponding to the classes of pesticide applicator
certificates listed in Schedule 5 that the applicant will be providing;
(d) the
name and address of all applicators who will be working for the applicant;
(e) any
other information the Director may require.
(2) The
Director may refuse to issue a pesticide service registration where
(a) the
applicant has contravened the Act, this Regulation, the Pesticide Sales,
Handling, Use and Application Regulation, or the Pest Control Products
Act (Canada) or any of the regulations under that Act,
(b) the
Director considers that the applicant is not able to conduct pesticide
applications in accordance with the Act, this Regulation or the Pesticide
Sales, Handling, Use and Application Regulation,
(c) the
applicant intends to conduct aerial applications, unless the applicant holds
the appropriate authorizations to operate a commercial air service under the Aeronautics
Act (Canada),
(d) the
applicant does not employ applicators with the appropriate class of certificate
for the pesticide service that is offered or provided by the applicant, or
(e) the
applicant does not have insurance coverage in accordance with the latest
edition of the Environmental Code of Practice for Pesticides published
by the Department.
(3) A
pesticide service registration is automatically cancelled when the pesticide
service registration holder
(a) does
not employ applicators with the appropriate class of certificate for the
pesticide service that is offered or provided by the pesticide service
registration holder, or
(b) does not maintain insurance in accordance
with the latest edition of the Environmental Code of Practice for Pesticides
published by the Department.
AR 43/97 s8;279/2003
Special use approval
9(1) No person shall, unless the person holds a
special use approval issued by the Director,
(a) use
or apply a pesticide in or on an open body of water,
(b) use
or apply a pesticide listed in Schedule 1, 2 or 3 within a horizontal distance
of 30 metres from an open body of water,
(c) store
a pesticide within a horizontal distance of 30 metres from an open body of
water, or
(d) wash
equipment or vehicles used to apply pesticides within a horizontal distance of
30 metres from an open body of water.
(2) Subsection
(1)(a) does not apply to a person using or applying a fish toxicant in
accordance with a written authorization issued by the Director of Fisheries
Management of the Department.
(3) Subsection
(1)(a) and (1)(b) do not apply to a person using or applying a vertebrate
toxicant bait in, on or within 30 horizontal metres of a frozen open body of
water pursuant to a Government pest control program.
(4) Subsection
(1)(b) does not apply to
(a) an
applicator using or applying pesticides in accordance with the latest edition
of the Environmental Code of Practice for Pesticides published by the
Department, or
(b) a
person using or applying pesticides on cultivated land.
Application for
special use approval
10 An applicant for a special use approval
must submit an application in a form acceptable to the Director containing the
following information:
(a) the
name and address of the applicant;
(b) the
location of the area to be treated;
(c) the
pest to be controlled;
(d) the
name of the pesticide to be used;
(e) alternative
pest management strategies that have been investigated;
(f) any
other information the Director may require.
Creating records
11(1) An applicator who uses or applies a pesticide
must record the following information in a form acceptable to the Director by
the end of the day on which the pesticide was used or applied:
(a) the
name of the person for whom the pesticide was applied;
(b) the
location where the pesticide was applied;
(c) the
year, month, day and time at which the pesticide was applied;
(d) the
name of the pest and purpose for which the pesticide was applied;
(e) the
approved common name or trade name of the pesticide and the Pest Control
Products Act (Canada) registration number;
(f) the
application rate and total quantity of the pesticide applied;
(g) the
method of application;
(h) if
the pesticide was applied outside an enclosed structure, the meteorological
conditions prevailing at the time of application, including temperature,
humidity, precipitation and approximate wind speed and direction;
(i)
the location and distance of any pesticide used or applied within 30 horizontal
metres of an open body of water.
(2) Where
the applicator is conducting applications under the authority of a pesticide
service registration, the applicator must submit a copy of the record referred
to in subsection (1) to the pesticide service registration holder employing the
applicator.
(3) Where
a pesticide service registration holder employs an applicator to conduct
pesticide applications, the pesticide service registration holder must obtain a
copy of the record referred to in subsection (1) from the applicator.
Keeping records
12 A pesticide service registration holder
who receives records and an applicator who makes records referred to in section
11(1) must maintain those records for a period of not less than 5 years from
the date of the application of the pesticide to which the record relates.
Notice to provide information:
pesticide service registration
13(1) The Director may, at any time, by notice in
writing request a pesticide service registration holder to provide information
with respect to the pesticide service registration holder’s pesticide
application operations, including but not limited to the following:
(a) the
applicators employed by the pesticide service registration holder;
(b)
a description of the pesticide service registration holder’s pesticide
application operations;
(c) the
use of particular pesticides.
(2) A
person who receives a notice under subsection (1) shall comply with it.
Vendor registration
14(1) No person shall sell at wholesale a pesticide
listed in Schedule 1, 2 or 3 unless the person holds a wholesale vendor
registration or a retail vendor registration.
(1.1) A
person who sells at wholesale a pesticide listed in Schedule 1 or 2 is deemed
to hold a wholesale vendor registration if the person holds an Agrichemical
Warehousing Standards Association Certificate of Compliance issued by the
Agrichemical Warehousing Standards Association.
(2) No
person shall sell at retail a pesticide listed in Schedule 1 or 2 unless he
holds a retail vendor registration.
(3) A person who sells at retail a pesticide listed
in Schedule 1 or 2 is deemed to hold a retail vendor registration if the person
holds an Agrichemical Warehousing Standards Association Certificate of
Compliance issued by the Agrichemical Warehousing Standards Association.
AR 43/97 s14;279/2003
Dispenser required
14.1(1) No person shall sell at retail a pesticide
listed in Schedule 1, 2 or 3 unless the person is or employs a dispenser.
(2) A retail vendor registration is automatically
cancelled when the holder of the registration does not employ a dispenser.
AR 279/2003 s8
Application for
vendor registration
15 An application for a wholesale vendor
registration or a retail vendor registration must include the following
information:
(a) the
name and address of the applicant;
(b) the
location and description of each outlet where the applicant will sell
pesticides at wholesale or retail, as the case may be;
(c) the
location and description of all storage facilities in Alberta at which the
applicant will store pesticides;
(d) a
24‑hour emergency number for the applicant or his agent;
(e) a
description of any groceries, food or personal use items stored or sold on the
premises at which pesticides will be stored or from which pesticides will be
sold;
(f) in
the case of an application for a retail vendor registration, the names of all
dispensers for each sales outlet to be covered by the registration;
(g) the
name of the chief executive officer if the applicant is a corporation;
(h) any
other information the Director may require.
Refusal of
registration
16 The Director may refuse to issue a
wholesale vendor registration or retail vendor registration if
(a) the
applicant has contravened the Act, this Regulation, the Pesticide Sales,
Handling, Use and Application Regulation or the Pest Control Products
Act (Canada) or any of the regulations under that Act,
(b) the
Director considers that the applicant is not able to sell pesticides in
accordance with the Act, this Regulation or the Pesticide Sales, Handling,
Use and Application Regulation,
(c) a
storage facility listed in the application is not certified by the Agrichemical
Warehousing Standards Association, or
(d) the outlet locations where the applicant
will sell pesticides at retail do not employ a dispenser.
AR 43/97 s16;279/2003
Wholesale vendor
records
17(1) A person who sells a pesticide at wholesale
must keep a record of each sale of a pesticide listed in Schedule 1, 2 or 3
stating
(a) the
name and mailing address of the purchaser,
(b) the
name and total quantity of the pesticide sold,
(c) the
date of the sale, and
(d) where
the purchaser
(i) is the holder of a wholesale vendor registration, the purchaser’s
registration number,
(ii) is the holder of a retail vendor registration,
(A) the purchaser’s registration number, and
(B) the dispenser’s name and certificate number,
(ii.1) is a person to whom section 14(1.1) or (3) applies, the
appropriate Certificate of Compliance number, or
(iii) sells at retail pesticides listed in Schedule 3, the dispenser’s
name and certificate number.
(2) A wholesale vendor must forward to the Director
a summary of a record maintained pursuant to subsection (1) in a form
acceptable to the Director within 30 days of a request in writing by the
Director.
AR 43/97
s17;279/2003;315/2003
Retail vendor records
18(1) A person who sells a pesticide at retail must
keep a record of each sale of a pesticide listed in Schedule 1 or 2 stating
(a) the
name and mailing address of the purchaser,
(b) the
name and total quantity of the pesticide sold,
(c) the
date of the sale,
(c.1) the
qualifications of the purchaser to purchase the pesticide, and
(d) where
the purchaser
(i) is the holder of a pesticide service registration, the
purchaser’s registration number,
(ii) is the holder of a an applicator certificate, the purchaser’s
certificate number,
(iii) repealed AR 279/2003 s11,
(iv) is authorized or certified pursuant to section 13 of the Pesticide,
Sales, Handling, Use or Application Regulation, the authorization or
certification number of the purchaser,
(v) is a commercial agriculturalist, the purchaser’s legal land
description, the Canadian Wheat Board number, the Alberta Farm Fuel Benefit
number or other information that would verify that the purchaser is a
commercial agriculturalist, or
(vi) is an acreage owner or hobby greenhouse owner purchasing a
Schedule 2 pesticide in accordance with section 20 of the Pesticide Sales,
Handling, Use and Application Regulation (AR 24/97), a rural land location
or other identification that would verify that the purchaser is an acreage
owner or hobby greenhouse owner.
(2) Where a pesticide is available for purchase
only by a commercial agriculturalist who has successfully completed training
recognized by the Director in the use and application of pesticides in
accordance with section 13 of the Pesticide Sales, Handling, Use and
Application Regulation (AR 24/97), the record must verify that the
purchaser has completed the recognized training.
AR 43/97 s18;279/2003
Keeping of records
19 Information in a record kept under
section 17 or 18 must be kept for at least 5 years after it is entered in the
record.
Notice to provide
information: retail vendors
20(1) The Director may, at any time, by notice in
writing request a person who sells a pesticide at retail to provide information
with respect to the sale of pesticides, including but not limited to the
following:
(a) the
name of the dispensers employed by the person who sells at retail;
(b) the
sale of specified pesticides.
(2) A
person who receives a notice under subsection (1) must comply with it.
Transitional
Transitional ‑
applicators
21 A conditional applicator may continue to
use or apply a pesticide in accordance with the Pesticide (Ministerial)
Regulation (AR 127/93) but only until the conditional applicator’s
certificate expires.
Repeals
Repeal
22 The Pesticide (Ministerial) Regulation
(Alta. Reg. 127/93) is repealed.
Coming into Force
Coming into force
23 This Regulation comes into force on
February 7, 1997.
Review
Review
24 In compliance with the ongoing
regulatory review initiative, this Regulation must be reviewed on or before
July 31, 2008 and not less frequently than every 5 years after that date.
AR 279/2003 s12
