Acts and Regulations

96-126 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 96-126
under the
Pesticides Control Act
(O.C. 96-1138)
Filed December 19, 1996
Under section 33 of the Pesticides Control Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
Citation
1This Regulation may be cited as the General Regulation - Pesticides Control Act.
Definitions
2In this Regulation
“Act” means the Pesticides Control Act;(Loi)
“commercial vehicle” means a motor vehicle that has a gross mass of four thousand five hundred kilograms or more and that is designed or adapted for the carrying of freight, goods, wares or merchandise, but does not include a private passenger vehicle or a bus;(véhicule utilitaire)
“domestic class pesticide” means a pesticide that is required under the Pest Control Products Act (Canada) to have a label showing that the pesticide is of the product class designation “Domestic”;(pesticide de classe domestique)
“label” includes any legend, word, mark, symbol or design on, applied or attached to, included in, belonging to or accompanying a pesticide in accordance with the Pesticide Control Products Act (Canada);(étiquette)
“non-domestic pesticide” means a pesticide that is not a domestic class pesticide;(pesticide non domestique)
“parcel” means an area of land that constitutes a unit for the purposes of, and is identified by one and only one property identifier number by, the New Brunswick Geographic Information Corporation;(parcelle)
“pesticide applicator’s certificate” means a valid and subsisting certificate issued by the Director under subsection 10(1) of the Act, authorizing the holder to apply or otherwise handle pesticides;(certificat d’applicateur de pesticides)
“pesticide storage area” means premises or the portion of premises where a non-domestic pesticide is stored, whether on a short term or long term basis and whether sold, offered for supply or supplied at that premises or not;(lieu d’entreposage de pesticides)
“private passenger vehicle” means a private passenger vehicle as defined in the Motor Vehicle Act;(voiture particulière)
“Regional Emergency Centre” means the Canadian Coast Guard Traffic Centre having the telephone number 1-800-565-1633;(Centre d’urgence régional)
“structural pest control” means the use or application of a pesticide in, on or near any building for the primary purpose of controlling a pest associated with the building.(lutte antiparasitaire visant les bâtiments)
Authorization to operate pesticide storage area
3No holder of a vendor’s licence shall own, operate or use a pesticide storage area unless the licence authorizes the operation of that pesticide storage area.
Application for vendor’s licence
4(1)A person who wishes to apply for a vendor’s licence shall do so by submitting to the Director
(a) an application on a form provided by the Director,
(b) such other documentation or information as the Director may require, and
(c) the prescribed fee.
4(2)A person applying for a vendor’s licence authorizing the operation of a pesticide storage area shall submit with the application
(a) if the premises in which the pesticide storage area is proposed to be, or is, situated are not owned by the applicant, the owner’s written consent to the operation of the pesticide storage area in the premises,
(b) a copy of a survey plan prepared by a person registered under the New Brunswick Land Surveyors Act, 1986 to practise land surveying in the Province, at a scale of 1:10,000 or more detailed, showing
(i) the proposed or existing location of the pesticide storage area in a key map,
(ii) the location of any other proposed or existing buildings or structures on the parcel on which the pesticide storage area is proposed to be, or is, situated,
(iii) the shape, dimensions and hectarage of the parcel on which the pesticide storage area is proposed to be, or is, situated,
(iv) any proposed or existing roads on the parcel on which the pesticide storage area is proposed to be, or is, situated and any on adjacent parcels, and
(v) any body of water, source of drinking water or other natural or artificial feature on the parcel on which the pesticide storage area is proposed to be, or is, situated,
(c) a copy of a detailed plan of the pesticide storage area, drawn to scale, including a floor plan showing all locations where a pesticide is proposed to be, or is, stored and where services are proposed to be, or are, offered,
(d) a contingency plan in accordance with paragraph 11(1)(f), and
(e) such other documentation or information as the Director may require.
4(3)The Director, in the circumstances the Director considers appropriate, may waive any of the requirements of paragraph (2)(b) in whole or in part.
4(4)The Director, if refusing to issue a vendor’s licence, shall deliver to the applicant written notice of the refusal, with reasons, within thirty days after the applicant has submitted all of the documentation and information required under this section in relation to the application.
Renewal of vendor’s licence
5(1)The holder of a vendor’s licence who wishes to renew it shall apply for renewal at least thirty days before the day on which it expires and subsections 4(1) and (4) and paragraph 4(2)(d) apply with the necessary modifications to that application.
5(2)The Director may, in the Director’s discretion, waive the thirty day requirement.
Delivery of documentation or information to Director
6Every holder of a vendor’s licence that is in effect on January 1, 1997, shall deliver to the Director any consent, copy, plan or other documentation or information referred to in subsection 4(2) that has not been delivered to the Director before that date.
Effective date, expiry and transfer of vendor’s licence
7(1)A vendor’s licence, whether original or renewed, is effective on the date of issue, as shown on the licence, and expires on the first day of January next following the date of issue.
7(2)A vendor’s licence is not transferable.
Amendments to vendor’s licence
8(1)No holder of a vendor’s licence that authorizes the operation of a pesticide storage area shall expand, alter or relocate the area or permit such change without first notifying the Director in writing, giving the Director all the particulars of the change requested by the Director and obtaining
(a) the written permission of the Director to proceed with the expansion, alteration or relocation of the pesticide storage area without an amendment to the licence, or
(b) an amended vendor’s licence that authorizes the operation of the expanded, altered or relocated pesticide storage area.
8(2)A person shall apply for an amendment to a vendor’s licence referred to in subsection (1) in accordance with the directions of the Director and shall, on application, pay the prescribed fee.
Records of holder of vendor’s licence
9Every holder of a vendor’s licence who sells or supplies a non-domestic pesticide shall
(a) maintain a record, on a form provided by the Director, of the total quantity of each non-domestic pesticide sold and of any other information required by the Director, and
(b) before the first day of February in each year, deliver to the Director a copy of the record for the previous calendar year.
Sale or supply of non-domestic pesticide
10No person shall sell or supply a non-domestic pesticide to a person who is not the holder of a permit authorizing the person to apply that pesticide, a vendor’s licence, a pesticide operator’s licence or a pesticide applicator’s certificate.
Requirements respecting pesticide storage area
11(1)The owner or the operator of a pesticide storage area shall ensure that
(a) the pesticide storage area meets all applicable federal and provincial statutes, regulations and orders and all applicable local government by-laws,
(b) the floor of the pesticide storage area is impermeable to all pesticides stored there,
(c) access to the pesticide storage area is restricted to persons authorized by the owner or operator,
(d) the pesticide storage area is equipped in accordance with the directions of the Director,
(e) the pesticide storage area is posted with signage that contains the words “Pesticide Storage; authorized persons only; no smoking” and “Entreposage de pesticides; personnes autoriseés seulement; interdiction de fumer” and is otherwise in accordance with the directions of the Director,
(f) there is a contingency plan for the pesticide storage area that conforms to the directions of the Director,
(g) on and after July 1, 1997, unless otherwise directed by the Director in writing, one or more persons who are responsible for the handling of the pesticide at the pesticide storage area are also the holders of a Class J pesticide applicator’s certificate, and
(h) the pesticide storage area conforms to all other terms and conditions imposed by the Director.
11(2)No owner or operator of a pesticide storage area shall commence to abandon all or any part of the area until
(a) the owner or the operator has given the Director written notice of the proposed abandonment, and
(b) the Director has approved a plan for the abandonment.
11(3)No owner or operator of a pesticide storage area shall complete abandonment of all or any part of the area until the Director is satisfied that the plan approved under paragraph (2)(b) has been fully carried out.
11(4)A person who is an owner or operator of a pesticide storage area and who abandons it shall not be relieved from any obligation or undertaking imposed on the person under a vendor’s licence that authorizes the operation of the area or from any duties that the person has been directed by the Director to perform, unless the Director
(a) is satisfied that the person has fully carried out the requirements of this section, and
(b) has delivered written notice to the person to that effect.
2005-49; 2017, c.20, s.131; 2019, c.12, s.28
Storage or handling of pesticide
12No person shall store or otherwise handle a pesticide in a manner that is not in accordance with the instructions on the label.
Application for pesticide operator’s licence
13(1)A person who wishes to apply for a pesticide operator’s licence shall do so by submitting to the Director
(a) an application on a form provided by the Director,
(b) proof that the applicant has arranged limited pollution liability insurance coverage in the amount and otherwise in accordance with the directions of the Director,
(c) such other documentation or information as the Director may require, and
(d) the prescribed fee.
13(2)The Director, if refusing to issue a pesticide operator’s licence, shall deliver to the applicant written notice of the refusal, with reasons, within thirty days after the applicant has submitted all of the documentation and information required under subsection (1) in relation to the application.
13(3)The holder of a pesticide operator’s licence shall maintain the limited pollution liability insurance coverage required under paragraph (1)(b) at all times during which the licence is valid.
13(4)If the term of the limited pollution liability insurance coverage arranged by the holder of a pesticide operator’s licence ends during the period when the licence is valid, the holder shall, unless the Director directs otherwise, submit to the Director, before the coverage expires, proof that the coverage has been renewed, in the amount and otherwise in accordance with the directions of the Director.
Renewal of pesticide operator’s licence
14(1)The holder of a pesticide operator’s licence who wishes to renew it shall apply for renewal at least thirty days before the day on which it expires and subsections 13(1) and (2) apply with the necessary modifications to that application.
14(2)The Director may, in the Director’s discretion, waive the thirty day requirement.
Effective date, expiry and transfer of pesticide operator’s licence
15(1)A pesticide operator’s licence, whether original or renewed, is effective on the date of issue, as shown on the licence, and expires on the earlier occurring of
(a) the first day of January next following the date of issue, and
(b) the day on which any limited pollution liability insurance coverage required under paragraph 13(1)(b) expires as the result of failure to renew.
15(2)A pesticide operator’s licence is not transferable.
Records of holder of pesticide operator’s licence
16The holder of a pesticide operator’s licence shall
(a) maintain records, on a form provided by the Director, of the total quantity of each pesticide that is used or applied by the holder in each calendar year, and
(b) before the first day of February in each year, deliver to the Director a copy of the records for the previous calendar year, along with such other documentation or information as the Director may require.
Classes of pesticide applicator’s certificates
17The classes of pesticide applicator’s certificates that may be issued under the Act are
(a) a Class A pesticide applicator’s certificate, authorizing an individual to apply a pesticide from an aircraft or to supervise the aerial application of a pesticide from an aircraft,
(b) a Class B pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide by non-aerial means in or on agricultural crops, Christmas tree plantations, tree nurseries or seed orchards,
(c) a Class C pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide by non-aerial means to forests, woodlands, industrial sites, airports, power lines, pipelines, railways, roadsides or other rights-of-way,
(d) a Class D pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide by non-aerial means in or on urban or other non-agricultural areas, including lawns, shrubs, trees, parks, school grounds or recreational areas,
(e) a Class E pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide for structural pest control,
(f) a Class F pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide by non-aerial means to control pests in waste disposal sites,
(g) a Class G pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide as an indoor mist, a thermal fog or a fumigant,
(h) a Class H pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide by non-aerial means to a body of water for control of aquatic vegetation, biting flies including mosquitoes, midges or blackflies or other aquatic pests, including fish, leeches, schistosomes or ectoparasites,
(i) a Class I pesticide applicator’s certificate, authorizing an individual solely to mix or load pesticides into equipment, including aircraft, that is used for the purpose of applying pesticides,
(j) a Class J pesticide applicator’s certificate, authorizing an individual to handle a pesticide in the course of the individual’s employment at a pesticide storage area,
(k) a Class K pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide by a method or for a purpose not provided for in paragraphs (a) to (j), as set out on the certificate, and
(l) a Class L pesticide applicator’s certificate, authorizing an individual to use or apply a pesticide by non-aerial means for the use of the individual or the individual’s employer on property, including any body of water, that is owned by or is under the direct control of the individual or the employer.
Application for pesticide applicator’s certificate
18(1)An individual who wishes to apply for a pesticide applicator’s certificate shall do so by submitting to the Director
(a) an application on a form provided by the Director,
(b) a description of the applicant’s related practical experience, courses of instruction and training in the handling and use of pesticides, with documentary proof,
(c) such other documentation or information as the Director may require, and
(d) the prescribed fee.
18(2)The Director may, before issuing a pesticide applicator’s certificate, require an applicant successfully to complete any courses of instruction, to pass any exam or to take any supervised training that the Director may designate in order to become qualified to be the holder of a certificate respecting one or more classes.
18(3)The Director may issue a pesticide applicator’s certificate if satisfied that the applicant
(a) has the qualifications necessary to carry out the work authorized by the certificate, and
(b) is in conformity with the Act and the regulations.
18(4)The Director, if refusing to issue a pesticide applicator’s certificate, shall deliver to the applicant written notice of the refusal, with reasons, within thirty days after the applicant has submitted all of the documentation and information required under this section and fulfilled any requirements imposed under subsection (2) in relation to the application.
Renewal of pesticide applicator’s certificate
19(1)The holder of a pesticide applicator’s certificate who wishes to apply for renewal of the certificate shall do so at least thirty days before the day on which the certificate expires and section 18 applies with the necessary modifications to that application.
19(2)The Director may, in the Director’s discretion, waive the thirty day requirement.
Effective date, expiry and transfer of pesticide applicator’s certificate
20(1)Subject to subsection (2), a pesticide applicator’s certificate, whether original or renewed, is effective on the date of issue, as shown on the certificate, and expires on the first day of January next following the date of issue.
20(2)A Class L only pesticide applicator’s certificate, whether original or renewed, expires on the first day of January of the fifth year following the year of issue.
20(3)A pesticide applicator’s certificate is not transferable.
Classes for which pesticide applicator’s certificate is valid
21A pesticide applicator’s certificate, other than a Class L only pesticide applicator’s certificate, may be valid for more than one class of certificate.
Amendments to pesticide applicator’s certificate
22(1)The holder of a pesticide applicator’s certificate, other than a Class L only pesticide applicator’s certificate, may apply at any time for an amendment to have one or more classes added or to have the terms and conditions imposed on the certificate amended, and section 18 applies with the necessary modifications to such an application.
22(2)The holder of a Class L only pesticide applicator’s certificate may apply at any time to have the terms and conditions imposed on the certificate amended, and section 18 applies with the necessary modifications to such an application.
Application for permit
23(1)A person who wishes to apply for a permit authorizing the application of one or more pesticides shall do so by submitting to the Minister, at least sixty days before the proposed date of the pesticide application,
(a) an application on a form provided by the Minister,
(b) such other documentation or information as the Minister may require, and
(c) the prescribed fee.
23(2)The Minister may, in the Minister’s discretion, waive the sixty day requirement.
23(3)The Minister, if refusing to issue a permit, shall deliver to the applicant written notice of the refusal, with reasons, within thirty days after the applicant has submitted all of the documentation and information required under subsection (1) in relation to the application.
Effective date, expiry and transfer of permit
24(1)A permit is effective on the date of issue and expires
(a) on the date set out on the permit, or
(b) if there is no date set out on the permit, on the first day of January next following the date of issue.
24(2)A permit is not transferable unless the Minister has given written consent to the transfer.
Amendments to permit
25(1)The holder of a permit may apply to the Minister at any time for an amendment to the list of pesticides that may be applied under the permit, the location where they may be applied or any other of the terms and conditions imposed in relation to the permit.
25(2)An applicant for an amendment shall apply in writing, shall provide the Minister with all the particulars of the proposed amendment and all other documentation and information requested by the Minister and shall, on application, pay the prescribed fee.
25(3)The Minister may waive the fee prescribed for an application for an amendment if of the opinion that the amendment is of too trivial a nature to warrant payment of a fee.
Pesticide containers
26(1)No person shall, while storing or applying a pesticide, place the pesticide in a container other than the original pesticide container unless the container is of a type and composition that is customarily used or approved by the manufacturer of the pesticide and bears a label denoting the trade name, the Pest Control Product or PCP registration number referred to in the Pest Control Products Regulations (Canada) that is assigned to the pesticide and a list of, and the concentration of, each active ingredient in the pesticide.
26(2)A person who sells or supplies seed treated with a pesticide shall label the container of the seed as follows:
SEED TREATED WITH (name of pesticide). DO NOT USE FOR FOOD OR FEED - SEMENCE TRAITÉE AU (nom du pesticide). NE PAS UTILISER POUR L’ALIMENTATION HUMAINE OU ANIMALE.
26(3)No person shall transport seed that is treated with a pesticide unless the seed is transported in a sack or other sealed container or, if it is transported in bulk, is securely covered to prevent the seed from spilling during transportation.
Emptying of pesticide container
27(1)Subject to subsection (2), a person who empties a pesticide container shall
(a) if the container is a paper bag, shake it out well, rinse it if possible and dispose of it at a regional landfill or, if no regional landfill is reasonably available, a dump where burning is not permitted,
(b) if the container is an aerosol container, wrap it in absorbent material, place it in a plastic garbage bag and dispose of it at a regional landfill or, if no regional landfill is reasonably available, a dump where burning is not permitted, or
(c) if the container is not an aerosol container or a paper bag
(i) rinse it thoroughly three times, each time using clean water having a volume equivalent to at least ten per cent of the volume of the container, or for approximately one minute with a jet rinser, and use the rinsings to make up part of the total volume of formulated pesticide, and
(ii) puncture it or otherwise render it unusable and dispose of it at a pesticide container recycling location specified by the Director.
27(2)A person may empty a pesticide container in a manner different from the manner prescribed in subsection (1) if doing so in accordance with the directions of the Director.
Pesticide disposal
28No person shall dispose of a pesticide or a mixture containing a pesticide except in accordance with the instructions on the label of the pesticide container or in a manner approved by the Director.
Occurrences involving pesticide
29(1)If a pesticide is involved in an accident or another occurrence that may result in release of the pesticide into the natural environment, the holder of the vendor’s licence, pesticide operator’s licence, pesticide applicator’s certificate or permit, or any other person, responsible for the pesticide shall initiate appropriate action to clean up the pesticide.
29(2)The holder of a vendor’s licence, pesticide operator’s licence, pesticide applicator’s certificate or permit, or other person, responsible for a pesticide shall immediately notify the Director or the Regional Emergency Centre if
(a) subject to paragraph (b) or (c), more than twenty litres of concentrated pesticide or two hundred litres of diluted pesticide has been or is being released into the natural environment as the result of an accident, an equipment failure or another occurrence,
(b) any amount of a pesticide has been or is being released into the natural environment during an aerial application by being jettisoned or lost as the result of an accident, an equipment failure or another occurrence, or
(c) any amount of a pesticide has been or is being released into the natural environment less than thirty metres from a well or a body of water, other than ground water.
Water mixing
30No person shall draw water directly from surface water, a well or a public or private water supply system into a pesticide container or an apparatus used for the mixing or application of a pesticide unless the filler hose has an air gap at its end, or the filling equipment is fitted with a properly functioning mechanical device to prevent backflow.
Transportation of pesticide
31(1)No person shall transport a pesticide in a commercial vehicle or cause or permit a pesticide to be transported in a commercial vehicle along with crops, food, feed or drink intended for human or animal consumption, household furnishings, toiletries, clothes, bedding or other similar commodities unless the pesticide and the commodities are separated in a manner that prevents contamination of the commodities by the pesticide.
31(2)If a container of pesticide is being transported in a commercial vehicle with another commodity referred to in subsection (1) and the pesticide contaminates any of those other commodities, the owner of the pesticide or the person transporting it shall immediately inform an inspector and carry out the instructions of the inspector as to the clean-up of any spillage and the detoxification of any area, carrier, commodity or other object or material that has come in contact with the pesticide.
Fees
32(1)The fee for an application for a vendor’s licence or for an application for renewal of a vendor’s licence is
(a) if the vendor’s licence authorizes the operation of a pesticide storage area, $165, and
(b) if the vendor’s licence does not authorize the operation of a pesticide storage area, $55.
32(2)The fee for an application under section 8 to have a vendor’s licence amended is fifty dollars.
32(3)The fee for an application for a pesticide operator’s licence or for an application for renewal of a pesticide operator’s licence is $165.
32(4)The fee for an application for a pesticide applicator’s certificate or for an application for renewal of a pesticide applicator’s certificate, other than a Class L only pesticide applicator’s certificate, is twenty-five dollars, regardless of the number of classes respecting which the certificate is issued.
32(5)The fee for an application under subsection 22(1) for an amendment to a pesticide applicator’s certificate, other than a Class L only pesticide applicator’s certificate, by having one or more classes added or by having the terms and conditions imposed on the certificate amended, is twelve dollars and fifty cents.
32(6)The fee for an application for a Class L only pesticide applicator’s certificate or for an application for renewal of a Class L only pesticide applicator’s certificate, valid for up to five years, is fifty dollars.
32(7)The fee for an application under subsection 22(2) for an amendment to the terms and conditions imposed on a Class L only pesticide applicator’s certificate is twenty-five dollars.
32(8)The fee for an application for a permit is $220.
32(9)The fee for an application under section 25 for an amendment to a permit is fifty dollars.
2004-67; 2012-29
Forms
33(1)An order of an inspector under subsection 25(1) of the Act shall be in Form 1.
33(2)A notice of appeal under subsection 27(1) of the Act shall be in Form 2.
2002, c.28, s.8; 2018-38
Repeal provision
34New Brunswick Regulation 83-57 under the Pesticides Control Act is repealed.
Commencement
35This Regulation comes into force on January 1, 1997.
N.B. This Regulation is consolidated to June 14, 2019.