4(1)There shall be a Board called the Pesticides Advisory Board composed of members appointed by the Minister as follows:

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

6(1)The Board

6(2)In the performance of its duties under this Act, the Board may sit at the times and places in the Province that 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.

6(3)Notice of the time and place fixed by the Board for a 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 30 days before the commencement of the sitting.

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

7(1)On the advice of the Board, the Minister 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 of it is published in The Royal Gazette.

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

8(1)On seeking the advice of the Board or on the request of the Minister of Health, the Minister, may restrict or prohibit the sale, supplying or use of a pesticide and may impose any conditions with respect to the sale, supplying or use of the pesticide that the Minister considers necessary.

8(2)If the Minister has restricted or prohibited the sale, supplying or use of a pesticide under subsection (1), the Minister shall publish a notice of the restriction or prohibition 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 under 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.

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

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

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

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 the terms and conditions that the Minister considers appropriate.

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.

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

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.

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 the terms and conditions that the Minister considers appropriate.

11(1)Subject to subsections (2) and (3), on seeking the advice of the Board and on receipt of a written application in accordance with the regulations and of any prescribed fee, the Minister may issue a permit authorizing the application of a pesticide to an area within the Province, including a body of water.

11(2)The Minister may impose those terms and conditions that the Minister considers appropriate

11(3)The Minister may refuse to issue a permit under subsection (1) in the circumstances the Minister considers appropriate, including in the following circumstances:

11(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.

11(5)The Minister may suspend a permit issued under subsection (1) for the period the Minister considers appropriate or may revoke it if

11(6)The Minister may reinstate a permit suspended under subsection (5) subject to the terms and conditions that the Minister considers appropriate.

15(1)No person shall use a pesticide

15(2)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.

15(3)A statement contained in or on a pesticide container in which a pesticide is or was contained, purporting to be a recommendation as to the use of the pesticide contained in the pesticide container, is admissible in evidence in a prosecution for a violation of subsection (1) or (2) 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 in the pesticide container.

19(1)No 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 the person provides in or on the package or container in which the person sells the pesticide the information respecting its handling and use that is required by law to be stated in or on the package or container in which pesticide of the type sold is supplied by the manufacturer.

19(2)Except 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

22(1)If a crop, food, feed, animal, plant, water, product or other matter is shown on inspection and analysis to be contaminated by a pesticide, the Minister may by order

22(2)No person shall be entitled to compensation from the Crown for anything done in accordance with an order under subsection (1).

23(1)The Minister may appoint qualified persons as analysts for the purposes of this Act and the regulations.

23(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 in the certificate, without proof of the appointment, authority or signature of the person making the certificate.

24(1)The Minister may appoint inspectors for the purposes of carrying out the provisions of this Act and the regulations.

24(2)An inspector who has reasonable 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 enter and inspect, at any reasonable time, the premises or vehicle and may

24(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.

25(1)If an inspector has reasonable 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

25(2)The inspector shall immediately forward a copy of the order and the reasons for the order to the Chairman of the Board.

26(1)Except in the case of an emergency situation, an order made under this Act, including an amendment or revocation of an order, shall

26(2)When an order made under subsection 25(1) is made in an emergency situation, the contents of the order shall be put in writing and shall be served on each person to whom the order was directed within 48 hours after the time when it was made, but a failure to comply with this subsection does not invalidate the order.

27(1)A person affected by an order made by an inspector under section 25 may appeal to the Board by delivering or mailing by prepaid mail to the Board, within 30 days after the day on which the order was served, a notice of appeal together with the grounds on which the appeal is based.

27(2)On receiving a notice of appeal, the Chair 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.

27(3)The Board shall review all evidence presented at the hearing and all representations made and, within 48 hours after the hearing, shall submit a recommendation to the Minister that the order stand, be revoked or be varied.

27(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.

27(5)When an appeal is taken against an order made under section 25, the order is effective until revoked or varied under subsection (4) unless the Minister in writing stays the application of the order pending appeal.

28(1)A person who violates or fails to comply with a provision of the regulations commits an offence.

28(2)A person commits an offence who violates or fails to comply with

28(3)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.

28(4)For the purposes of Part 2 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.

28(5)When an offence under this Act continues for more than one day,

28(6)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.

28(7)In a prosecution for a violation of an order of the Minister made under section 22, a document purporting to be an order of the Minister made under that section is admissible in evidence without proof of the appointment, authority or signature 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.

28(8)In a prosecution for a violation of an order of an inspector made under section 25, a document purporting to be an order of an inspector made under that section is admissible in evidence without proof of the appointment, authority or signature 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.

28(9)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 appointment, authority or signature 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.

30(1)If there occurs the deposit or discharge of a pesticide, or a substance or thing containing a pesticide, into or on the natural environment, or in or on any premises, in a manner contrary to this Act or the regulations and by reason of the deposit or discharge 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

30(2)Despite subsection (1), the Director may take the steps that 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 that action are recoverable by the Minister by action in a court of competent jurisdiction as a debt owed to the Crown in right of the Province by

30(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 that person is not liable if the person establishes that the occurrence giving rise to the liability was wholly caused by

30(4)Nothing in subsection (3) limits or restricts any right of recourse that a person who is liable under subsection (2) may have against any other person.