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1In this Act

“analyst” means an analyst appointed by the Minister pursuant to section 26;(analyste)

“animal” includes any bird, reptile, amphibian, fish, invertebrate or mammal other than a human;(animal)

“Board” means the Pesticides Advisory Board established under section 4;(Commission)

“body of water” includes ground water, a natural or artificial lake, pond, river, bay, marsh, creek, brook or stream and shore water, coastal waters, marine waters and any waters in which aquaculture is to be, is or was carried on;(étendue d’eau)

“certificate” means a valid and subsisting certificate issued under this Act or the regulations;(certificat)

“Crown” means the Crown in the right of the Province and includes a Crown Corporation;(Couronne)

“Director” means the Director of Pesticides Control appointed under section 3;(directeur)

“inspector” means an inspector appointed by the Minister pursuant to section 27;(inspecteur)

“licence” means a valid and subsisting licence issued under this Act or the regulations;(licence)

“Minister” means the Minister of Environment and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)

“natural environment” means air, land and water or any combination or part thereof;(environnement naturel)

“permit” means a valid and subsisting permit issued under this Act or the regulations;(permis)

“pest” means any injurious, noxious or troublesome plant or animal life other than plant or animal life on or in a human and includes any injurious, noxious or troublesome organic function of a plant or animal;(parasite)

“pesticide” means any product, device, organism, substance or thing or combination of any products, devices, organisms, substances or things that is intended to be or is represented as, sold as or used as a means for(pesticide)

(a) directly or indirectly controlling, preventing, killing, destroying, mitigating, attracting or repelling any pest, or

(b) altering the growth, development or characteristics of any living plant that is not a pest,

and any metabolite or degradation product of such product, device, organism, substance or thing and includes any product, device, organism, substance or thing that is required to be registered as a control product under the Pest Control Products Act (Canada) and any metabolite or degradation product of such product, device, organism, substance or thing;

“pesticide container” means a package or an apparatus that contains or has contained either a pesticide or pesticide residue;(récipient à pesticide)

“premises” includes land and any interest therein, and any buildings thereupon;(lieux)

“sell” includes offer for sale, expose for sale, display or advertise for sale or have in possession for sale and distribution;(vendre)

“vendor” means a person who sells or supplies a pesticide to any other person within the Province.(vendeur)

1973, c.15, s.1; 1976, c.45, s.1; 1979, c.54, s.1; 1982, c.48, s.1; 1986, c.8, s.96; 1987, c.40, s.1; 1989, c.55, s.41; 1994, c.92, s.1; 2000, c.26, s.235; 2006, c.16, s.132

Administration

2The Minister is charged with the administration of this Act and may designate persons to act on the Minister’s behalf.

1973, c.15, s.2; 1994, c.92, s.2

Director of Pesticides Control

3The Minister shall appoint, as an employee of the Department of Environment, a Director of Pesticides Control.

1973, c.15, s.3; 1979, c.54, s.2; 1982, c.3, s.55; 1986, c.8, s.96; 1989, c.55, s.41; 2000, c.26, s.235; 2006, c.16, s.132

Pesticides Advisory Board

4(1)There shall be a Board to be known as the Pesticides Advisory Board, to be appointed by the Lieutenant-Governor in Council and composed as follows:

(a) the Director, as Chairman;

(b) two members from the Department of Agriculture, Aquaculture and Fisheries;

(c) two members from the Department of Environment;

(d) one member from the Department of Health;

(e) one member from the Department of Natural Resources;

(f) one member from the Workplace Health, Safety and Compensation Commission; and

(g) where the Lieutenant-Governor in Council considers it advisable, up to two other persons.

4(2)A majority of the members of the Board constitutes a quorum.

1973, c.15, s.4; 1976, c.45, s.2; 1982, c.48, s.2; 1986, c.8, s.96; 1989, c.55, s.41; 1994, c.70, s.7; 1996, c.25, s.25; 2000, c.26, s.235; 2004, c.20, s.47; 2006, c.16, s.132; 2007, c.10, s.72; 2010, c.31, s.102

Expenses of Board

5The Lieutenant-Governor in Council may fix the rate for reimbursement of the expenses incurred by members of the Board while acting on behalf of the Board.

1973, c.15, s.5

Jurisdiction of Board

6(1)The Board

(a) shall review the content and operation of this Act and the regulations and may recommend changes thereto to the Minister,

(b) may, where the Board considers it advisable, and shall, when requested by the Minister, inquire into and consider any matters concerning pesticides and report thereon to the Minister, and

(c) shall perform such other functions as are prescribed in this Act and the regulations or by the Minister.

Sittings of Board

6(2)The Board may, in the performance of its duties under this Act, sit at such times and places in the Province as it considers necessary, but it shall hold at least one sitting each year to hear representations from interested persons with respect to any matter concerning pesticides.

Sittings of Board

6(3)Notice of the time and place fixed by the Board for any sitting to be held by it to hear representations from interested persons shall be given by advertisement published in The Royal Gazette and in at least three newspapers of general circulation in the Province at least thirty days before the commencement of such sitting.

Board may retain persons to advise

6(4)The Board may, in the performance of its duties under this Act, retain such persons as it considers appropriate to advise the Board, and such persons may, at the request of the Board, sit with the Board and participate in the hearing of any matter before the Board, but shall not vote on the disposition of any such matter.

1973, c.15, s.6; 1982, c.48, s.3

Exemptions

7(1)The Minister, on the advice of the Board, may exempt any person, class of person, vendor, class of vendor, product or device from any of the provisions of this Act and the regulations.

7(2)An exemption made under subsection (1) shall take effect when notice thereof is published in The Royal Gazette.

7(3)Where, upon the advice of the Board, the Minister is of the opinion that any person having an exemption under this section has contravened any provision of this Act or the regulations made thereunder, notice to that effect shall be given to that person and thereupon the exemption with respect to that person shall cease to apply.

1973, c.15, s.7; 1982, c.48, s.4

Restriction or prohibition on the use of pesticides

8(1)The Minister,

(a) upon seeking the advice of the Board, or

(b) upon the request of the Minister of Health;

may restrict or prohibit the sale, supplying or use of any pesticide and may impose such conditions with respect to the sale, supplying or use of the pesticides as the Minister considers necessary.

8(2)Where the Minister has restricted or prohibited the sale, supplying or use of any pesticide pursuant to subsection (1), the Minister shall publish a notice thereof in The Royal Gazette.

8(3)No person shall be convicted of an offence consisting of a contravention of section 9 committed before a notice is published in The Royal Gazette pursuant to subsection (2) unless it is proved that at the date of the alleged contravention reasonable steps had been taken to bring the purport of the restriction or prohibition to the notice of those persons likely to be affected by it.

1973, c.15, s.8; 1979, c.54, s.3; 1982, c.48, s.5; 1986, c.8, s.96; 1994, c.92, s.3; 2000, c.26, s.235; 2006, c.16, s.132

Restriction or prohibition on the use of pesticides

9Where the Minister has restricted or prohibited the sale, supplying or use of any pesticide under section 8, no person shall

(a) sell or supply that pesticide, or

(b) use that pesticide,

except in accordance with such conditions as are specified in the terms of a restriction.

1973, c.15, s.9

Issuance of licence or certificate

10(1)Subject to subsections (2) and (3), the Director, upon receipt of a written application in accordance with the regulations along with any prescribed fee, may issue to an applicant a vendor’s licence, a pesticide operator’s licence or a certificate that is prescribed by regulation.

Issuance of licence or certificate

10(2)The Director may impose those terms and conditions that the Director considers appropriate

(a) on an applicant under subsection (1), to be met before the application may be granted, or

(b) on a licence or certificate issued under subsection (1), to be met by the holder or other persons operating under the licence or certificate during or after the period when it is valid.

Issuance of licence or certificate

10(3)The Director may refuse to issue a licence or certificate under subsection (1) in the circumstances the Director considers appropriate, including where

(a) the applicant has been convicted of a violation of a provision of this Act or the regulations or any provision relating to pesticides in any other Act of the Legislature, any Act of the Parliament of Canada or any regulation or statutory instrument under those Acts,

(b) in the opinion of the Director, on reasonable and probable grounds, the applicant has failed to comply with any term or condition imposed on the applicant or on a licence, certificate or permit previously issued to the applicant under this Act or the regulations, or

(c) a licence, certificate or permit previously issued to the applicant under this Act or the regulations was revoked.

Appeal of refusal

10(4)A person whose application under subsection (1) is refused may appeal to the Minister, who may uphold the refusal or direct the Director to issue the licence or certificate, subject to such terms and conditions as the Minister considers appropriate.

Renewal of licence or certificate

10(5)The holder of a licence or certificate issued under subsection (1) may apply to the Director for renewal of the licence or certificate and subsections (1) to (4) apply with the necessary modifications to that application.

Suspension or revocation of licence or certificate

10(6)The Director may suspend a licence or certificate issued under subsection (1) for the period the Director considers appropriate or may revoke it if

(a) the Director has reasonable and probable grounds to believe that any person operating under the licence or certificate has refused or failed to comply with a provision of this Act or the regulations, an order made under any of them or any term or condition imposed on the person or on the licence or certificate, or

(b) the Director is of the opinion that it is in the public interest to suspend or revoke the licence or certificate.

Suspension or revocation of licence or certificate

10(7)No licence or certificate shall be suspended or revoked under subsection (6) unless the holder of the licence or certificate has been given an opportunity to be heard by the Director.

Appeal of suspension or revocation

10(8)A person whose licence or certificate has been suspended or revoked under subsection (6) may appeal to the Minister, who may uphold the suspension or revocation or direct the Director to reinstate the licence or certificate, subject to such terms and conditions as the Minister considers appropriate.

1973, c.15, s.10; 1982, c.48, s.6; 1994, c.92, s.4; 2002, c.28, s.1

Repealed

11Repealed: 1982, c.48, s.7

1973, c.15, s.11; 1982, c.48, s.7

Issuance of permit

12(1)Subject to subsections (2) and (3), the Minister, upon seeking the advice of the Board and upon receipt of a written application in accordance with the regulations along with any prescribed fee, may issue a permit authorizing the application of a pesticide to any area, including any body of water, within the Province.

Issuance of permit

12(2)The Minister may impose those terms and conditions that the Minister considers appropriate

(a) on an applicant under subsection (1), to be met before the application may be granted, or

(b) on a permit issued under subsection (1), to be met by the holder or other persons operating under the permit during or after the period when it is valid.

Issuance of permit

12(3)The Minister may refuse to issue a permit under subsection (1) in the circumstances the Minister considers appropriate, including where

(a) the applicant has been convicted of a violation of a provision of this Act or the regulations or any provision relating to pesticides in any other Act of the Legislature, any Act of the Parliament of Canada or any regulation or statutory instrument under those Acts,

(b) in the opinion of the Minister, on reasonable and probable grounds, the applicant has failed to comply with any term or condition imposed on the applicant or on a licence, certificate or permit previously issued to the applicant under this Act or the regulations, or

(c) a licence, certificate or permit previously issued to the applicant under this Act or the regulations was revoked.

Renewal of permit

12(4)The holder of a permit issued under subsection (1) may apply to the Minister for renewal of the permit and subsections (1) to (3) apply with the necessary modifications to that application.

Suspension or revocation of permit

12(5)The Minister may suspend a permit issued under subsection (1) for the period the Minister considers appropriate or may revoke it if

(a) the Minister has reasonable and probable grounds to believe that any person operating under the permit has refused or failed to comply with a provision of this Act or the regulations, an order made under any of them or any term or condition imposed on the person or on the permit, or

(b) the Minister is of the opinion that it is in the public interest to suspend or revoke the permit.

Reinstatement of permit

12(6)The Minister may reinstate a permit suspended under subsection (5) subject to such terms and conditions as the Minister considers appropriate.

1973, c.15, s.12; 1976, c.45, s.3; 1979, c.54, s.4; 1982, c.48, s.8; 1994, c.92, s.5; 2002, c.28, s.2

Repealed

13Repealed: 1994, c.92, s.6

1973, c.15, s.13; 1979, c.54, s.5; 1982, c.48, s.9; 1987, c.6, s.79; 1994, c.92, s.6

Necessity of vendor’s licence

14No person shall offer for sale, sell or supply a pesticide unless that person holds a vendor’s licence issued under this Act.

1973, c.15, s.14; 1982, c.48, s.10; 1994, c.92, s.7

Necessity of pesticide operator’s licence

15No person shall operate a business or provide or offer to provide a service involving the use or application of a pesticide for fee or reward unless that person holds a pesticide operator’s licence issued under this Act.

1973, c.15, s.15; 1976, c.45, s.4; 1982, c.48, s.11; 1987, c.40, s.2

Repealed

16(1)Repealed: 1979, c.54, s.6

Necessity of certificate or permit

16(2)No person shall apply a pesticide to any area, including any body of water, within the Province unless

(a) the person holds a certificate issued under this Act, and

(b) a permit has been issued under this Act,

authorizing the application of the pesticide.

Repealed

16(3)Repealed: 1982, c.48, s.12

Repealed

16(4)Repealed: 1982, c.48, s.12

1973, c.15, s.16; 1976, c.45, s.5; 1979, c.54, s.6; 1982, c.48, s.12; 1994, c.92, s.8

Repealed

17Repealed: 1976, c.45, s.6

1973, c.15, s.17; 1976, c.45, s.6

Restriction on use of pesticide

18(1)No person shall use a pesticide

(a) for a purpose other than that for which it is sold or supplied in the normal course of trade, or

(b) in a manner contrary to

(i) regulations as to its use,

(ii) the manufacturer’s written recommendation as to its use, contained in or upon the pesticide container in which the pesticide was contained, or

(iii) any term or condition imposed on the person or on a permit issued under section 12.

Prohibition respecting licences and certificates

18(1.1)No person shall fail or refuse to comply with a term or condition imposed on the person or on a licence or certificate issued under section 10.

Statement on container as evidence

18(2)A statement contained in or upon a pesticide container in which a pesticide is or was contained, purporting to be a recommendation as to the use of pesticide contained therein, is admissible in evidence in a prosecution for a violation of subsection (1) or (1.1) and, in the absence of proof to the contrary, shall be held to be the manufacturer’s written recommendation as to the use of the pesticide contained therein.

1973, c.15, s.18; 1979, c.54, s.7; 1994, c.92, s.9

Prohibition to wash or submerge pesticide container

19No person shall wash or submerge in a body of water, or cause water from a body of water to be drawn into a pesticide container or an apparatus used for the mixing or application of a pesticide in a manner contrary to the regulations.

1973, c.15, s.19

Prohibition to discharge pesticide mixer or cleaner

20No person shall discharge into a body of water any substance used in

(a) mixing or applying a pesticide, or

(b) washing a pesticide container.

1973, c.15, s.20

Storing or transporting pesticide in dangerous manner

21No person shall store or transport a pesticide in a manner that may allow the pesticide to come directly or indirectly into contact with human, animal or plant life in a manner that could be injurious to that life.

1973, c.15, s.21

Prohibition respecting pesticide containers

22No person shall sell a pesticide in a package or container other than one supplied by the manufacturer of the pesticide unless the package or container is of a type approved by regulation and unless the person provides in or upon the package or container in which the person sells the pesticide such information respecting its handling and use as is required by law to be stated in or upon the package or container in which pesticide of the type sold is supplied by the manufacturer.

1973, c.15, s.22; 1994, c.92, s.10

Prohibition respecting pesticide containers

23Except for purposes of the administration and enforcement of this Act and the regulations, no person shall have possession of, store or transport a pesticide in a package or container other than

(a) the package or container in which it was originally stored for sale after its manufacture or offered for sale or sold by a vendor, or

(b) a package or container of a type approved by regulation.

1973, c.15, s.23; 1982, c.48, s.13; 1994, c.92, s.11

Disposal of pesticide to be in accordance with regulations

24No person shall dispose of a pesticide or a mixture containing a pesticide in a manner contrary to the regulations.

1973, c.15, s.24; 1982, c.48, s.14

Disposal of pesticide container to be in accordance with regulations

24.1No person shall dispose of a pesticide container in a manner contrary to the regulations.

1982, c.48, s.14

Order of Minister respecting contaminated matter

25Where any crop, food, feed, animal, plant, water, product or other matter is shown upon inspection and analysis to be contaminated by a pesticide, the Minister may, by order,

(a) restrict or prohibit the sale, handling, use or distribution of the crop, food, feed, animal, plant, water, product or other matter permanently or for such length of time as the Minister considers necessary, or

(b) order the crop, food, feed, animal, plant, water, product or other matter to be destroyed or rendered harmless,

and no person shall be entitled to compensation from the Crown for anything done in accordance with such order.

1973, c.15, s.25; 1994, c.92, s.12

Appointment of analysts

26(1)The Minister may appoint qualified persons as analysts for the purposes of this Act and the regulations.

Certificate of analysis as evidence

26(2)In a prosecution for a violation of this Act or the regulations, a certificate of analysis of any substance signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, shall be conclusive proof of the facts stated therein, without proof of the signature or appointment of the person making the certificate.

1973, c.15, s.26

Appointment of inspectors

27(1)The Minister may appoint inspectors for the purposes of carrying out the provisions of this Act and the regulations.

Power of inspector

27(2)An inspector who has reasonable and probable grounds to believe that a pesticide is or has been stored on a premises or in a vehicle or is being or has been transported in a vehicle may, at any reasonable time, enter and inspect the premises or vehicle and may, upon doing so,

(a) take samples for analysis of

(i) any pesticide, or

(ii) any crop, food, feed, animal, plant, soil, water, product or other matter; and

(b) examine any books, records, registers, letters, bills or documents concerning the sale, purchase, supply, distribution, application or use of pesticides.

Obstruction of inspector

27(3)No person shall hinder, obstruct or knowingly mislead an inspector in the lawful performance of the inspector’s duties under this Act or the regulations.

1973, c.15, s.27; 1982, c.48, s.15; 1994, c.92, s.13

Respecting suspension or termination of use of pesticide

28(1)Where an inspector has reasonable and probable grounds to believe that a person is using a pesticide or a pesticide container or is using a method of storage, transportation, application or disposal of a pesticide or a pesticide container, or a method of cleaning a pesticide container, that is

(a) contrary to this Act or the regulations,

(b) dangerous to the health of a person or animal or harmful to soil, crops or plant life, or

(c) contrary to any term or condition imposed on a person or on a licence, certificate or permit issued under this Act or the regulations,

the inspector may order that person to stop immediately the use, storage, transportation, application or disposal of the pesticide or pesticide container, or the use of any method in connection therewith, either permanently or for a period of time specified in the order, and may direct the order as well to any other person owning or having charge, management or control of the pesticide or pesticide container or having control or supervision over the actions of any person to whom the order is directed.

28(1.1)Repealed: 2002, c.28, s.3.

28(2)The inspector shall immediately forward a copy of the order and the reasons for the order to the Chairman of the Board.

1973, c.15, s.28; 1979, c.54, s.8; 1982, c.48, s.16; 1994, c.92, s.14; 2002, c.28, s.3

Orders to be in writing

28.1(1)Except in the case of an emergency situation, an order made under this Act, including an amendment or revocation of an order, shall

(a) be in writing,

(b) include the reasons for the order, and

(c) be served upon each person to whom the order is directed.

28.1(2)Where an order made pursuant to subsection 28(1) is made in an emergency situation, the contents of the order shall be put in writing and served upon each person to whom the order was directed within forty-eight hours after the time when it was made, but a failure to comply with this subsection does not invalidate the order.

2002, c.28, s.4

Appeal to Pesticides Advisory Board

29(1)A person affected by an order made by an inspector under section 28 may appeal to the Board by delivering or mailing by prepaid post to the Board, within thirty days after the day on which the order was served, a notice of appeal together with the grounds upon which the appeal is based.

Hearing respecting appeal to Board

29(2)Upon receiving a notice of appeal, the Chairperson of the Board shall arrange for a hearing to be held into the matter within five days after receipt of the notice of appeal, and the Board shall provide the person against whom the order was made, the inspector and any other person the Board considers to be an interested person the opportunity to appear before the Board either in person with counsel or by counsel.

Recommendation of Board respecting appeal

29(3)The Board shall review all evidence presented at the hearing and all representations made and shall, within forty-eight hours after the hearing, submit a recommendation to the Minister that the order stand, be revoked or be varied.

Power of Minister respecting appeal

29(4)After considering the recommendation of the Board, the Minister may declare that the order stand, may revoke the order, or may vary the order in any way the Minister considers appropriate.

Effect of order where appeal

29(5)Where an appeal is taken against an order made under section 28, the order is effective until revoked or varied pursuant to subsection (4) unless the Minister in writing stays the application of the order pending appeal.

1973, c.15, s.29; 1982, c.48, s.17; 1994, c.92, s.15; 2002, c.28, s.5

Offences and penalties

30(1)A person who violates or fails to comply with any provision of the regulations commits an offence.

30(1.1)A person who violates or fails to comply with

(a) an order of the Minister made under section 25, after being served with a copy of the order or having knowledge of the order, or

(b) an order of an inspector made under section 28, after being served with a copy of the order or having knowledge of the order,

commits an offence.

30(1.11)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

30(1.12)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

30(1.2)Where an offence under subsection (1) continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

30(1.3)In a prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent the commission of the offence.

30(2)In a prosecution for a violation of an order of the Minister made under section 25, a document purporting to be an order of the Minister made under that section is admissible in evidence without proof of the signature or appointment of the person purporting to have signed the order, and is, in the absence of evidence to the contrary, proof of the making of the order and of its contents.

30(3)In a prosecution for a violation of an order of an inspector made under section 28, a document purporting to be an order of an inspector made under that section is admissible in evidence without proof of the signature or appointment of the person purporting to have signed the order, and is, in the absence of evidence to the contrary, proof of the making of the order and of its contents.

30(4)In a prosecution for an offence under this Act or the regulations, a certificate purporting to be signed by the Director stating that a person of the same name as the accused held or did not hold a licence, certificate or permit issued under this Act or the regulations on a date specified in the certificate is admissible in evidence, without proof of the signature or appointment of the person purporting to have signed it, and is, in the absence of evidence to the contrary, proof that the accused held or did not hold, as the case may be, a licence, certificate or permit issued under this Act or the regulations on the date specified.

1973, c.15, s.30; 1979, c.54, s.9; 1982, c.48, s.18; 1987, c.4, s.11; 1990, c.61, s.106; 1994, c.92, s.16

Proceedings limitation period

30.01Proceedings with respect to an offence under this Act or the regulations may be instituted at any time within two years after the time when the subject matter of the proceedings arose.

2002, c.28, s.6

Deposit or discharge of pesticide contrary to Act or regulations

30.1(1)Where there occurs the deposit or discharge of a pesticide, or a substance or thing containing a pesticide, into or upon the natural environment, or in or upon any premises, in a manner contrary to this Act or the regulations and by reason thereof there is caused, or there exists the likelihood of causing, injury or damage to the natural environment or to human, animal or plant life, a person who at any material time

(a) owns the pesticide or substance or has the charge, management or control of it, or

(b) causes or contributes to the deposit or discharge,

shall immediately notify the Director of the deposit or discharge and shall take such measures as are prescribed by the regulations, or as may be required by the Director, with respect to preventing, counteracting, mitigating or remedying any adverse effects that result or may reasonably be expected to result therefrom.

30.1(2)Notwithstanding subsection (1), the Director may take such steps as the Director considers necessary to prevent, counteract, mitigate or remedy any adverse effects that result or may reasonably be expected to result from a deposit or discharge referred to in subsection (1), and any costs reasonably incurred by the Province with respect to such action are recoverable by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of the Province by

(a) persons referred to in paragraph (1)(a), who are liable jointly and severally, subject to subsection (3), and

(b) persons referred to in paragraph (1)(b), who are liable jointly and severally according to their respective degrees of fault or negligence.

30.1(3)The liability under subsection (2) of a person referred to in paragraph (1)(a) is absolute and does not depend on proof of fault or negligence, but no such person is liable if the person establishes that the occurrence giving rise to the liability was wholly caused by

(a) an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or

(b) an act or omission with intent to cause damage by a person other than a person for whose wrongful act or omission he is by law responsible,

and nothing in this subsection limits or restricts any right of recourse that any person who is liable pursuant to subsection (2) may have against any other person.

1982, c.48, s.19; 1994, c.92, s.17; 2002, c.28, s.7

Service of documents

31Service of any document required to be served under this Act may be effected by serving the document personally upon the person to be served or upon any adult residing at the residence of the person to be served, while at the residence, or by mailing the document by prepaid registered mail to the latest known address of the person, and where sent by registered mail shall be deemed to have been effected on the fifth day after the day of mailing unless the person to whom it was sent establishes that, through no fault of the person’s, the person did not receive the document.

1973, c.15, s.31; 1994, c.92, s.18

Regulations

32The Lieutenant-Governor in Council may make regulations

(a) respecting terms, conditions, qualifications and requirements applicable to licences, certificates and permits before their issue or during or after the period when they are valid or to applicants for, holders of or other persons operating under licences, certificates or permits;

(a.1) Repealed: 1979, c.54, s.10

(b) respecting records to be kept and returns to be made by the holders of licences, certificates and permits;

(b.1) prescribing classes of certificates to be issued by the Director;

(c) respecting fees for the purposes of this Act and the regulations;

(c.1) respecting the manner of making application for and the procedure respecting issuance of licences, certificates and permits;

(c.2) respecting forms for the purposes of this Act and the regulations;

(d) respecting the storage, use, transportation, packaging, handling or application of pesticides;

(e) respecting the offering for sale, sale or supply of a pesticide or a substance treated by or mixed with a pesticide, whether in bulk or not;

(f) approving containers for the sale, storage or transportation of a pesticide in a package or container other than that in which it was originally stored after manufactured or sold;

(g) respecting the manner in which a pesticide container or other apparatus used in connection with a pesticide may be disposed of;

(g.1) respecting terms, conditions and requirements to be met by licence, certificate and permit holders, and others, in the event a pesticide is deposited or discharged in a manner contrary to this Act or the regulations and in preventing, counteracting, mitigating or remedying any adverse effects that result or may reasonably be expected to result from such deposit or discharge;

(h) respecting procedures to be used in respect of appeals under this Act;

(i) respecting the manner in which water from an open body of water may be drawn into a pesticide container or an apparatus used for the mixing or application of a pesticide, and the equipment required to be used therefor;

(j) respecting any other matter considered necessary or advisable for the effective carrying out of the purposes of this Act.

1973, c.15, s.32; 1976, c.45, s.7; 1979, c.54, s.10; 1982, c.48, s.20; 1994, c.92, s.19

Crown bound by Act

33The Crown is bound by this Act.

1973, c.15, s.33; 1982, c.48, s.21

34This Act or any provision hereof shall come into force on a day to be fixed by proclamation.

1973, c.15, s.34

SCHEDULE A

Column I Section		Column II Category of Offence
Column I Section		Column II Category of Offence

	9..............		F
	14..............		F
	15..............		F
	16(2)..............		H
	18(1)..............		I
	18(1.1)..............		I
	19..............		I
	20..............		I
	21..............		J
	22..............		F
	23..............		F
	24..............		I
	24.1..............		F
	27(3)..............		E
	30(1)..............		B
	30(1.1)(a)..............		J
	30(1.1)(b)..............		J
	30.1(1)..............		J
1990, c.61, s.106; 1994, c.92, s.20.

N.B. This Act was proclaimed and came into force June 1, 1974.

N.B. This Act is consolidated to September 1, 2011.

P-8 - Pesticides Control Act

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