The Government of Prince Edward Island is moving forward with a comprehensive plan to amend provincial laws governing the handling and use of pesticides.
Minister of Environment, Energy and Forestry Jamie Ballem said proposed changes to the Pesticides Control Act and regulations address all aspects of pesticides in Prince Edward Island, from transportation and storage requirements to the sale and application of both domestic and non-domestic pesticide products.
“Government’s primary objective in considering the amendments was to safeguard the health and well-being of Islanders. I believe this new regulatory framework will help us achieve that objective,” said Minister Ballem. “Together, these changes will significantly reduce risks associated with pesticide use, and provide for greater protection of public health and our natural environment.”
Last year, a report entitled Recommendations for the Regulation of Pesticides in Prince Edward Island, was completed by the Environmental Advisory Council which is appointed under the Environmental Protection Act to advise the Minister on issues of environmental concern. The report, based on extensive consultations with Islanders, included 44 recommendations in the areas of pesticide sales, purchase and application; vendor and applicator training; posting and notification of pesticide applications; record keeping; display, transportation, storage and disposal of pesticides; enforcement of regulations; and reduction of risks associated with pesticide use.
Following the release of the Environmental Advisory Council report, Minister Ballem appointed an implementation working group – consisting of members of the Departments of Environment, Energy and Forestry; Health and Social Services; and Agriculture, Fisheries and Aquaculture – to examine in detail the implications of each recommendation and develop an implementation schedule.
Minister Ballem said Government intends to implement the majority of recommendations in the Environmental Advisory Council report with little or no change. Among the key amendments to be phased in between 2006 and 2007:
-The Province will adopt a classification system for domestic class pesticides (similar to the one used in Quebec), which separates products into two categories based on their potential risk to human health and the natural environment. This will avoid duplication of work and cost substantially less than PEI creating its own classification system.
-A business selling higher risk (Category 2) domestic pesticides must be licensed, and the products sold through a dispensary system (behind the counter) by trained and certified staff.
-For all landscape, structural, fumigation or soil fumigation applications of a non-domestic or Category 2 domestic pesticide, advance notification must be provided to the owners of property within 25 metres of a treated area, and signs must be posted on treated areas.
-A protected zone, the width of the watercourse buffer zones, will be established around any open body of water as defined in the Pesticides Control Act; and the application of a pesticide within this protected zone will be prohibited.
-The Minister will request voluntary compliance with the establishment of a protected zone of 10 metres from the boundary of all public areas such as schools, hospitals and parks; with the protected zone to be created through the efforts of both the agricultural community and the institutions involved. Pesticides would not be applied in the voluntary protected zones.
-The maximum allowable wind speed for the application of a pesticide using ground application equipment will be reduced from 25 kilometres per hour to 20 kilometres per hour; and aerial application of a pesticide will be banned.
-Fines for violations of the Pesticides Control Act or regulations will be increased to a minimum $1,000 and maximum $50,000 for individuals, and a minimum $5,000 and maximum $250,000 for a corporation.
Minister Ballem said Government has decided not to implement a small number of recommendations put forward by the Environmental Advisory Council because the implementation working group advised that they were not feasible or did not meet the stated objective.
-The Province will not establish a Task Force to further research measures that could be implemented to reduce risks of pesticide contamination. Responsibility for this type of research lies with the federal Pest Management Regulatory Agency and the Province does not have the financial resources – estimated to be upwards of $3 million – to undertake the work on its own. Minister Ballem has written to the federal minister of health to seek research assistance on the need for buffer zones in areas where pesticide products are being applied.
-A certification system for those who purchase or apply a Category 2 domestic pesticide will not be implemented. Having Category 2 domestic pesticides sold behind the counter, by trained and certified staff will help ensure that individuals receive more product-specific information when they purchase these products.
-Rather than proceeding with the recommendation that agricultural pesticide applicators provide an annual pesticide application schedule to property owners within 25 metres of the land being treated, the Province will establish a government and industry committee to explore other options. Providing a list of products that may or may not be used during the season, depending on weather and crop conditions, does not meet the need for timely and accurate pesticide application information.
The first amendments to the Pesticides Control Act Regulations will come into effect January 1, 2006 with further changes being phased in over the following year.
BACKGROUNDER
IMPLEMENTATION PLAN FOR AMENDMENTS TO THE
PESTICIDE CONTROL ACT AND REGULATIONS
Beginning in January 2006, the Government of Prince Edward Island plans to introduce amendments to the Pesticides Control Act and Regulations to reduce risks associated with pesticide use, and provide greater protection of public health and the natural environment. The following is a summary of the proposed amendments and the implementation schedule.
NON-DOMESTIC PESTICIDES
Non-domestic pesticides are classified as commercial, agricultural, restricted or industrial by Health Canada. Typically, they contain concentrated active ingredients, are packaged and sold in large containers, and are not intended for use by the general public.
Manufacturers and Vendors
Current regulations require that a business selling non-domestic pesticides have one individual on staff that is trained and licensed as a pesticide vendor. In some cases, additional sales staff have completed a voluntary vendor training and certification program.
Effective January 1, 2006:
-Any company wishing to sell a non-domestic pesticide must hold a Non-domestic Pesticide Vendor Business Licence, and must provide the Province with its annual pesticide sales data.
-Vendors must meet specific requirements for the display of pesticide products.
Effective January 1, 2007:
-A non-domestic pesticide may only be sold by the holder of a Non-domestic Pesticide Vendor Certificate; and individuals must successfully complete an examination to obtain this certificate for the first time.
-Companies holding a Non-domestic Pesticide Vendor Business Licence must maintain or have access to an Agricultural Warehousing Standards Association Phase III storage facility.
-Pesticide manufacturers and vendors will be encouraged to establish a program for the safe collection and disposal of unwanted or obsolete product and empty pesticide containers.
Applicators
Licensing, Certification and Training
Currently, a Level 1 or Level 2 Pesticide Use Certificate is required to apply a non-domestic pesticide. There are also category-specific commercial applicator licences for individuals who operate a business involving the application of a pesticide. All applicators must complete an exam to be certified or licensed; a one-day training course is voluntary.
Effective January 1, 2006:
-Any person who offers a service involving the application of a non-domestic pesticide must hold a Pesticide Application Business Licence.
Effective January 1, 2007:
-Any person directly involved with the handling, loading or mixing of a non-domestic pesticide must hold a Pesticide Mixer/Loader Certificate; and must operate under the direct supervision of the holder of a Non-domestic Pesticide Applicator Certificate. Individuals must complete a training course to receive a Pesticide Mixer/Loader Certificate for the first time but no examination will be required. (The holder of a Non-domestic Pesticide Applicator Certificate does not need a Pesticide Mixer/Loader Certificate to handle, load or mix a non-domestic pesticide.)
-A Non-domestic Pesticide Applicator Certificate will be required to apply any non-domestic pesticide. Individuals must successfully complete an examination to obtain this certificate for the first time. Training and certification for a Non-domestic Pesticide Applicator Certificate will be category-specific (e.g., agricultural, landscape, structural, fumigation, biting fly control, soil fumigation).
Schedule 1 Pesticides
The Government of Prince Edward Island has placed pesticides that pose a particularly high risk to human health and the natural environment on a Schedule 1 (restricted use) list. Currently, a Pesticide Use Permit is required to apply a Schedule 1 pesticide but there are no regulations regarding the purchase or handling of these products.
Effective January 1, 2006:
-A Pesticide Use Permit will be required to purchase, handle, load, mix or apply a Schedule 1 pesticide.
Purchase of a Non-Domestic Pesticide
A Non-domestic Pesticide Applicator Certificate or Pesticide Purchase Permit is required to purchase a non-domestic pesticide. The Pesticide Purchase Permit system was implemented in early 2005, to allow for the invoicing of pesticides to individuals who do not hold a Non-domestic Pesticide Applicator Certificate.
Transportation and Storage of a Non-Domestic Pesticide
Effective April 1, 2006
-There will be specific requirements to identify, package and secure pesticides being transported on a public road.
Effective January 1, 2007
-Private agricultural pesticide applicators and licensed commercial pesticide applicators will be required to have a separate approved storage area for the storage of pesticides in excess of 100 kilograms or 100 litres of formulated product.
Record-Keeping
Effective April 1, 2006
-All applications of a non-domestic pesticide by a private agricultural applicator must be documented in writing and records must be kept for three years. This is already a requirement for licensed commercial pesticide applicators.
DOMESTIC PESTICIDES
Currently, there are no regulations related to the sale, purchase, handling or application of pesticides classified as domestic by Health Canada.
Effective January 1, 2007
-Prince Edward Island will implement a classification system (similar to that currently in place in Quebec) separating domestic pesticides into two categories, based on their potential risk to human health and the natural environment:
-Category 1 domestic pesticides: Pest control products that are considered to pose a low risk to human health and the natural environment.
-Category 2 domestic pesticides: Pest control products that are considered to pose a higher level of risk to human health and the natural environment.
Licensing and Training Requirements
for the Sale and Application of a Domestic Pesticide
Effective January 1, 2007
-A business selling Category 2 domestic pesticides must hold a Category 2 Domestic Vendor Business Licence or a Non-domestic Pesticide Vendor Business Licence, and must provide the Province with annual pesticide sales data.
-Category 2 domestic pesticides must be sold through a dispensary system (behind the counter) and by an individual holding a Category 2 Domestic Pesticide Vendor Certificate.
-To obtain a Category 2 Domestic Pesticide Vendor Certificate for the first time, an individual will be required to complete a training course and examination.
-Anyone who offers a service involving the application of a Category 1 or 2 domestic pesticide must hold a Pesticide Application Business Licence.
-Standards will be established for the display and storage of pesticides by Category 2 domestic vendors.
POSTING AND NOTIFICATION
Agricultural and Forestry Applications
There are currently no regulatory requirements for posting treated areas when pesticide applications are carried out, or for notifying adjoining property owners. Some applicators provide notification on a voluntary basis.
-Representatives of the Departments of Health; Environment, Energy and Forestry; and Agriculture, Fisheries and Aquaculture, will work in consultation with the appropriate industry representatives to explore options to satisfy the need for timely and accurate information on applications of agricultural and forestry pesticides.
Landscape, Structural, Greenhouse, Fumigation and Soil Fumigation Applications
Currently, landscape applicators are required to post the area to be treated immediately prior to any pesticide application; and to provide notice to adjoining property owners immediately before applying a herbicide, and at least 24 hours before applying a fungicide or insecticide. There are no posting or notification requirements for structural, greenhouse, fumigation or soil fumigation applicators.
Effective April 1, 2006
-All landscape, structural, fumigation and soil fumigation applications of a non-domestic or Category 2 domestic pesticide must be posted, whether applied by the property owner or a commercial applicator, with the posting of single-family homes to be carried out immediately prior to the application, and the posting of all other properties (including multi-family dwellings, institutions, parks and other public places) to be carried out at least 24 hours before the pesticide application. Licensed vendors will be required to provide the signs to private purchasers. Licensed commercial pesticide applicators are responsible for developing or obtaining proper signage.
-Advance notification of all landscape, structural, fumigation and soil fumigation applications of a non-domestic or Category 2 domestic pesticide must be provided to property owners within 25 metres of the property being treated. The notification may be:
-in writing, 24 to 48 hours in advance of the application; or
-by phone, 24 to 48 hours in advance of the application and in writing immediately prior to the application.
-When a school building or property is being treated, there may be no application of a pesticide during, or 24 hours prior to, a scheduled student activity.
REDUCTION OF PESTICIDE RISKS
Beginning in 2006
-The Minister will request voluntary compliance with a protected zone of 10 metres from the boundary of all public areas (including schools, licensed childcare facilities, hospitals, resident care facilities, indoor/outdoor recreational facilities, parks, and campgrounds); with the protected zone to be created through the efforts of both the agricultural community and the institutions involved. Pesticides would not be applied in the voluntary protected zones.
Effective April 1, 2006
-A protected zone, the width of the watercourse buffer zone, will be established around any open body of water as defined in the Pesticide Control Act. Applying a pesticide within this protected zone will be prohibited.
-The maximum allowable wind speed for the application of a pesticide using ground application equipment will be reduced from 25 kilometres per hour to 20 kilometres per hour (or as indicated on the product label, whichever is lower).
-The aerial application of an agricultural pesticide will be prohibited.
-The direct filling of any pesticide application equipment from an open body of water will be prohibited.
ENFORCEMENT AND PENALTIES
The list of violations for which a summary offence ticket may be issued was expanded in December 2004 to enable enforcement officers to quickly and effectively address compliance matters.
Effective Fall/Winter 2005
-The minimum fine for violations of the Pesticides Control Act or regulations will increase from the current level of $200 to and $1,000 for an individual and $5,000 for a corporation; the maximum fine will remain at $50,000 for an individual, but increase to $250,000 for a corporation.
Effective April 1, 2006
-Three citations within a 24-month period will result in an immediate suspension of an individual’s certificate, licence or permit for at least 30 days; to renew the certificate or licence, the individual will be required to successfully complete an examination.