Definitions

1 In this regulation:

"Act" means the Integrated Pest Management Act;

"agriculture" has the same meaning as "primary agricultural production" in the Standards for the Classification of Land as a Farm Regulation, B.C. Reg. 411/95, but does not include aquaculture, or aquacultural activities, carried on in a body of water;

"bacterial pesticide" means a pesticide that is or contains bacteria as the active ingredient;

"body of water" does not include a human-made, self-contained body of or structure for water;

"business day" means a day other than Saturday or Sunday or another holiday;

"classified wetland" means a wetland in class W1, W2, W3, W4 or W5 prescribed under the Forest and Range Practices Act;

"commercial pesticide" means a pesticide described in section 2 (c) [classes of pesticides];

"Crown land" means land, or an interest in land, vested in the government;

"domestic pesticide" means a pesticide described in section 2 (d) [classes of pesticides];

"excluded pesticide" means a pesticide described in section 2 (e) [classes of pesticide] and set out in Schedule 2;

"federal Act" means the Pest Control Products Act (Canada);

"government corporation" has the same meaning as in the Financial Administration Act;

"highway" has the same meaning as in the Transportation Act;

"industrial site" means an area of land on which is located industrial infrastructure and ancillary works, including, without limiting this,

(a) facilities for manufacturing or processing,

(b) mines, well sites, equipment yards and other facilities for or ancillary to energy production or resource extraction,

(c) highways, transmission lines, pipelines, railways, associated rights of way and other facilities for storing or distributing products, energy or resources,

(d) incinerators, landfills, sewage treatment plants and other facilities for the disposal or treatment of waste,

(e) dams, dikes and reservoirs, and

(f) facilities operated as public airports,

but does not include landscaped land;

"injury threshold" means the point at which the abundance of pests and the damage they are causing or are likely to cause indicates that pest control is necessary or desirable;

"invasive plant" has the same meaning as under the Forest and Range Practices Act;

"land" includes foreshore, bodies of water on land and land covered by water;

"landscape" means an area of land that has been improved by planting with ornamental plants or is maintained for ornamental purposes;

"multi-residence building" means a building that contains two or more separate units occupied as living accommodation and includes, without limiting this, apartment buildings, hotels, and strata titled buildings that contain two or more separate units occupied as living accommodation;

"multi-residence property" means a parcel of land on which is located two or more separate units occupied as living accommodation, whether the units are in the same building or are detached;

"no-treatment zone" means an area of land that must not be treated with pesticide;

"noxious weed" has the same meaning as under the Weed Control Act;

"owner", in relation to land, includes a person who has a right of exclusive possession of the land;

"permit-restricted pesticide" means a pesticide described in section 2 (a) [classes of pesticides] and set out in Schedule 1;

"pesticide-free zone" means an area of land that

(a) must not be treated with pesticide, and

(b) must be protected from pesticide moving onto it;

"pipeline" means

(a) a pipe, or a system or arrangement of pipes, by which petroleum, natural gas, or water used or obtained in drilling for, or in the production of, petroleum or natural gas is conveyed, and

(b) property that is used for, with or incidental to the operation of the pipe or system or arrangement of pipes,

but does not include a pipe or system or arrangement of pipes used to distribute natural gas in a community to ultimate consumers;

"private land" includes Crown land in relation to which the government has granted to a person a right of exclusive possession for agricultural or other farming purpose, but does not include bodies of water;

"public land" means

(a) Crown land that is not private land,

(b) bodies of water, and

(c) land that is owned or leased for its own purposes by

(i)  a local authority described in paragraph (a), (b), (c), (d) or (e) of the definition of that term in the Schedule to the Community Charter,

(ii)  a university, or an institution, as defined in section 1 of the College and Institute Act,

(iii)  a board, or a francophone education authority, as defined in section 1 (1) of the School Act,

(iv)  a regional hospital board, or a regional hospital district, as defined in section 1 of the Hospital District Act, and

(v)  a government corporation as defined in section 1 of the Financial Administration Act;

"restricted pesticide" means a pesticide described in section 2 (b) [classes of pesticides];

"right of way" does not include a landscaped area;

"selective application" means the application of a pesticide to individual plants so that the vegetation between the individual plants is not treated;

"single entity", in relation to the management of land, means

(a) one or more persons, each of whom is registered as a joint tenant or a tenant in common in relation to the land,

(b) an individual, partnership, corporation or agency,

(c) a ministry of the government,

(d) a government corporation, or

(e) a program of a ministry of the government, or a division or other part of a government corporation, designated under section 2.1;

"stream"  has the same meaning as in the Forest Planning and Practices Regulation;

"treatment area", in relation to a pesticide use, means the area of land to which pesticide is applied or is intended to be applied;

"treatment location", in relation to a pesticide use, means the treatment area and the pesticide-free zones or no-treatment zones required under this regulation in relation to the use;

"veterinarian" means an individual registered as a practising member of the British Columbia Veterinary Medicine Association continued under the Veterinarians Act;

"wetland" has the same meaning as under the Forest and Range Practices Act.

[am. B.C. Regs. 258/2006, s. 1; 267/2006, s. 1.]

Classes of pesticides

2 The following classes of pesticides are established:

(a) permit-restricted pesticides, being those pesticides assigned to this class under section 43 (1) [classification of pesticides] because the administrator considers that the risk of unreasonable adverse effects from their use should be evaluated for each proposed use;

(b) restricted pesticides, being those pesticides that

(i)  are required under the federal Act to be labeled with the product class designation "RESTRICTED", and

(ii)  are not permit-restricted pesticides or excluded pesticides;

(c) commercial pesticides, being those pesticides that

(i)  are required under the federal Act to bear a label indicating their product class designation acceptable under that Act in relation to their general uses in commercial activities that are specified on the label as "commercial", "industrial", "agricultural" or another commercial activity, and

(ii)  are not permit-restricted pesticides or excluded pesticides;

(d) domestic pesticides, being those pesticides

(i)  that

(A)  are required under the federal Act to be labeled with the product class designation "DOMESTIC", and

(B)  are not permit-restricted pesticides or excluded pesticides, or

(ii)  that are contained in a fertilizer registered under the Fertilizers Act (Canada);

(e) excluded pesticides, being those pesticides assigned to this class under section 43 (2) [classification of pesticides] because the administrator considers that excluding them from compliance with the requirements imposed on a licensee, permit holder or confirmation holder under the Act will not increase the risk of unreasonable adverse effects from their use.

[am. B.C. Reg. 258/2006, s. 2.]

Administrator may designate "single entity"

2.1 (1)  On request, the administrator may designate a program of a ministry of the government as a single entity for the purposes of this regulation if satisfied that the program’s pesticide use is operationally distinct from, or otherwise unrelated to, other pesticide uses of the ministry.

(2)  On request, the administrator may designate a division or other part of a government corporation as a single entity for the purposes of this regulation if satisfied that the pesticide uses of the division or part are operationally distinct from, or otherwise unrelated to, other pesticide uses of the corporation.

(3)  A designation under subsection (1) or (2) must be in writing.

[en. B.C. Reg. 258/2006, s. 3.]

Exclusions from the definition of "pesticide"

3 The following micro-organisms, materials, substances and control products are excluded from the definition of "pesticide" in section 1 of the Act:

(a) an article, instrument, apparatus, contrivance or gadget that, by itself or in conjunction with another control product, is used as a means to control pests directly or indirectly;

(b) a control product that is

(i)  used to control arthropods on or in humans, livestock or domestic animals, and

(ii)  administered internally by mouth or injection;

(c) a control product that is used to destroy, inactivate or reduce viruses, bacteria or other micro-organisms for the purposes of treating, mitigating or preventing a disease in humans or animals;

(d) a control product that is used to destroy, inactivate or reduce mould, mildew or odors, except when used as a wood preservative.

Definition of "service"

4 In the Act and this regulation, "service", in relation to a pesticide, means the use of the pesticide by a person, or an employee or contractor of the person, under a contract for service between the person and the owner or manager of the land on which the pesticide is to be used.

[am. B.C. Reg. 258/2006, s. 4.]

Pesticide uses requiring a licence

5 (1)  Except as provided in subsection (2), the following uses of a pesticide are prescribed for the purpose of section 4 (1) (b) of the Act:

(a) the management of vegetation or preservation of wood on not more than 20 ha a year of public or private land that are

(i)  used for a railway right of way, yard or associated signal or communication facility, and

(ii)  managed by a single entity;

(b) the management of vegetation on not more than 20 ha a year of public or private land that are

(i)  used for

(A)  a highway,

(B)  a facility or right of way for a public utility as defined in the Utilities Commission Act,

(C)  a facility or right of way for the delivery of water, not including a pipe or a system or arrangement of pipes to distribute water in a community to ultimate consumers, or

(D)  a pipeline and associated facilities, and

(ii)  managed by a single entity;

(c) the management of mosquitoes, using a bacterial pesticide, on not more than 1 ha a year of public or private land that is

(i)  a body of water, and

(ii)  managed by a single entity;

(d) to preserve up to 1 000 wooden poles a year on public or private land that is

(i)  used for

(A)  a highway, or

(B)  a facility or right of way for a public utility as defined in the Utilities Commission Act, and

(ii)  managed by a single entity;

(e) effective January 7, 2007, the management of pests inside rooms used as living accommodation, or in areas to which more than one occupier has access, in a multi-residence building on private land and containing at least 4 separate units;

(f) effective January 7, 2007, the management of pests on outdoor areas, to which more than one occupier has access, of a multi-residence property on private land and containing at least 4 separate units;

(g) the management of forest pests on private land used for timber production, including private roads, roadsides and other areas ancillary to the timber production;

(h) the management of pests of structures and pests of goods on public land;

(i) the management of pests of gardens and pests of landscaping, including the management of weeds in sidewalks and on parking lots, on public land;

(j) the management of forest pests on not more than 20 ha a year of public land that are

(i)  used for timber production or forested, and

(ii)  managed by a single entity;

(k) the management of vegetation on not more than 20 ha a year of public land that are

(i)  used for an industrial site, other than an industrial site described in paragraph (a) (i) or (b) (i), and

(ii)  managed by a single entity;

(l) the management of noxious weeds or invasive plants on not more than 50 ha a year of public land managed by a single entity;

(m) the management of plant roots in sewers and drain pipes on public land.

(2)  The use of a pesticide for the management of pests inside rooms used as living accommodation is not prescribed under subsection (1) if an occupier of the living accommodations uses the pesticide only within his or her own living accommodations.

[am. B.C. Reg. 258/2006, s. 5.]

Exceptions from licensing requirement

6 (1)  A licence under section 4 of the Act is not required by a person who

(a) sells, uses or provides a service using an excluded pesticide,

(b) uses or sells a pesticide only as an employee or contractor of a licensee,

(c) is the owner of land and uses a pesticide only on goods brought to the land by the owner,

(d) under a contract for paving services, uses a pesticide to manage vegetation on land before paving it,

(e) having a possessory interest in agricultural land in relation to which another person has a surface lease, or another right of entry, for purposes of a pipeline or an oil or gas facility, applies pesticide to control vegetation on the pipeline right of way or on or around the oil or gas facility under contract with the holder of the surface lease or other right of entry,

(f) is a manufacturer of pesticides, or a manufacturer’s agent, and supplies a pesticide to a pesticide wholesaler,

(g) is a wholesaler of pesticides and supplies pesticide to a vendor licensee or a veterinarian,

(h) is a wholesaler of pesticides and returns pesticide to its manufacturer or the manufacturer’s agent,

(i) uses a pesticide for a research purpose, if

(i)  the pesticide is exempt from registration under the federal Act for the research purpose, and

(ii)  the use is consistent with the terms on which the pesticide is exempt from registration, or

(j) is a pesticide user service licensee, a pesticide user non-service licensee or a confirmation holder and sells surplus pesticide to a pesticide user service licensee, a pesticide user non-service licensee, a confirmation holder or the holder of an appropriate certificate, if the seller notifies the administrator of the sale.

(2)  A licence under section 4 of the Act is not required by a veterinarian, or an individual under the direction of a veterinarian, who sells or uses a pesticide for the treatment of animal pests.

(3)  Nothing in subsection (2) excepts the use of a pesticide by a veterinarian from a requirement under section 6 of the Act.

[am. B.C. Reg. 258/2006, s. 6.]

Licence requirement exemptions

7 (1)  A licensee is exempt from the requirements under section 68 [licensee use of pesticide — integrated pest management] in relation to the use of wood preservatives on land described in section 5 (1) (a).

(2)  A licensee is exempt from a requirement under section 33 (3) (b) [containment, storage, transportation, disposal and use of pesticides] in relation to a pesticide use if the licensee holds a permit issued under section 6 (1) of the Act authorizing the exemption in relation to the use and setting out terms and conditions the licensee must comply with instead.

Licence criteria

8 For the purpose of section 4 (3) (b) of the Act, the administrator must be satisfied that the applicant

(a) holds, or employs a person who holds, the category of certificate that under section 50 [category of certificate required] is required in relation to the category of licence applied for, and

(b) maintains a business location in British Columbia for doing business in the Province or provides the administrator with an address in British Columbia at which the person may be served with documents.

Public consultation requirements — licensee

9 A licensee must conduct public consultations in the manner and to the extent set out in section 62 [public consultations — licensees in respect of forest land] if the licensee intends to use a pesticide for a use described in section 5 (1) (g) [pesticide uses requiring a licence] on more than 20 ha a year managed by a single entity.

Public notification requirements — licensee

10 (1)  In this section:

"multi-residence common area" means

(a) an indoor area of a multi-residence property to which all or most occupants of the property have access, and

(b) an outdoor area of a multi-residence property that is

(i)  within 5 m of an entrance or a window to living accommodations, or

(ii)  maintained for purposes of passage, parking or recreation;

"multi-residence restricted access area" means an area of a multi-residence property that

(a) is not used or intended to be used as living accommodation, and

(b) is not accessible to the general public and most occupants of the property;

"outdoor public use area" means an outdoor, landscaped area of public land that is maintained for purposes of public passage or recreation.

(2)  At least 72 hours before using a pesticide in occupied living accommodations, a licensee must provide a treatment notice that complies with section 63 (1) [treatment notice – form and content] to

(a) the occupant of the living accommodations, and

(b) if different from the occupant, the owner or manager of the building or the agent of either.

(3)  A licensee who uses a pesticide in unoccupied living accommodations must,

(a) before or immediately following the use, provide a treatment notice that complies with section 63 (1) to the owner or manager of the building or the agent of either, and

(b) either,

(i)  provide a treatment notice that complies with section 63 (1) to a person who will be occupying the living accommodations within 48 hours after the pesticide use, or

(ii)  immediately following the use, post a treatment notice that complies with section 63 (1) and (2) at each entrance to the unoccupied living accommodation, which notice must not be removed by the licensee for 48 hours after the pesticide use.

(4)  At least 48 hours before using a pesticide in a multi-residence common area, a licensee must

(a) provide a treatment notice that complies with section 63 (1) to the owner or manager of the building or the agent of either, and

(b) either

(i)  provide a treatment notice that complies with section 63 (1) to each person who has access to the common area within 48 hours after the use, or

(ii)  post a treatment notice that complies with section 63 (1) and (2)

(A)  at each entrance to an indoor treatment area,

(B)  if the common area is an outdoor area that is fenced, at each gate or opening that provides access to the common area, and

(C)  if the common area is an outdoor area that is not fenced, at intervals around the common area so that the notice is clearly visible and will provide notice of the pesticide use to any person approaching the common area,

which treatment notice must not be removed by the licensee within 48 hours after the pesticide use.

(5)  A licensee who uses a pesticide in a multi-residence restricted access area must

(a) before or immediately following the use, provide a treatment notice that complies with section 63 (1) to the owner or manager of the building or the agent of either, and

(b) either

(i)  provide a treatment notice that complies with section 63 (1) to each person who has access to the treatment area within 48 hours after the use, or

(ii)  immediately following the use, post a treatment notice that complies with section 63 (1) and (2) at each entrance to the treatment area, which notice must not be removed by the licensee for at least 48 hours after the pesticide use.

(6)  Before using a pesticide in an outdoor public use area for a use described in section 5 (1) (f), (i) or (l), a licensee must post a treatment notice that complies with section 63 (1) and (2),

(a) if the treatment area is fenced, at each gate or opening that provides access to the area, and

(b) if the treatment area is not fenced, at intervals around or along the area as necessary so that a notice is clearly visible and will provide notice of the pesticide use to any person approaching the area,

which treatment notices must not be removed by the licensee within 48 hours after the pesticide use.

(7)  At least 72 hours before using a pesticide on the property of a school or a child care facility, a licensee must provide a treatment notice that complies with section 63 (1) to the school or facility administrator, principal or manager or an agent of the administrator, principal or manager.

(8)  At least 48 hours before using a pesticide on private land to control adult mosquitoes, a licensee must provide a treatment notice that complies with section 63 (1) to

(a) the owner or manager of each property within 200 m of the treatment area, and

(b) bee keepers whose bees enter or are likely to enter the treatment area.

(9)  Before using a fumigant gas in a structure, a licensee must

(a) post a treatment notice that complies with section 63 (1) and (2) at each entrance to the structure, and

(b) ensure that the treatment notice remains posted until the licensee confirms that it is safe to enter the structure.

(10)  The notice period under subsection (2), (4), (7) or (8) may be shortened only with the consent of each person who has access to the proposed treatment area and is entitled to notice of the proposed use either in writing or by posted notice.

(11)  Before using a pesticide for a use described in section 5 (1) (a), (b), (g), (j) or (k), a licensee must post a notice in accordance with section 64 [public notification requirement – form and content] immediately before the use.

(12)  Immediately following a pesticide use for which a treatment notice was required to be given or posted under this section, the licensee must provide written notice to the owner, manager, administrator or principal, or the agent of the owner, manager, administrator or principal, giving notice that the pesticide use occurred and of any differences between the information given in the treatment notice and the actual pesticide use.

(13)  If during public consultations a licensee offers to directly notify an individual about an intended pesticide use, before performing the use the licensee must notify the individual in the agreed time and manner.

[am. B.C. Reg. 258/2006, s. 7.]

Different notification requirements — medical health officer

11 If a medical health officer has given direction in writing for a different notification requirement in relation to a requirement under section 10 (2), (3), (4), (5), (6), (7) or (8), the licensee must comply with the medical health officer's direction.

Exemptions from public notification requirements

12 A licensee is exempt from section 10 (4) (b), (5) (b) or (6), as applicable, in relation to a pesticide use if

(a) the pesticide is insecticide applied in cracks and crevices,

(b) the pesticide is insect gel, or insect bait in a bait station, that is placed in a concealed location not accessible to children or pets,

(c) the pesticide is insecticide applied to a wasp nest that

(i)  is outdoors, or

(ii)  is indoors and no person will have access to the treatment area within the 48 hour period after the use,

(d) the pesticide is rodenticide and is used in accordance with the requirements in section 81 [use requirements – licensee in relation to rodenticide use],

(e) the pesticide is herbicide and is used to manage weeds along fences or in cracks in the pavement on roads, in sidewalks or in parking lots,

(f) granular pesticide is used in flower, vegetable or shrub beds and mixed into soil,

(g) the pesticide is a bacterial pesticide applied to water, or

(h) the pesticide is used as described in section 5 (1) (d).

[am. B.C. Reg. 258/2006, s. 8.]

Licence fees

13 (1)  In this section, "licence year" means the period from the date a licence is issued until March 31 in the next calendar year.

(2)  An applicant for a pesticide user non-service licence for a pesticide use described in section 5 (1) (a) to (f) or (h) to (l) [pesticide uses requiring a licence] must include $250 with the application for the licence year and each additional year of the term requested.

(3)  An applicant for a pesticide user service licence for a use described in section 5 (1) (a), (b), (g), (j), (k) or (l) [pesticide uses requiring a licence] and an applicant for a pesticide user non-service licence for a use described in section 5 (1) (g) must include with the application the following fee for the licence year and each additional year of the term requested:

(a) $250 if the application is for pesticide use on less than 50 ha in each year;

(b) $500 if the application is for pesticide use on 50 or more ha in any year and less than 500 ha in each year;

(c) $1 000 if the application is for pesticide use on 500 or more ha in any year.

(4)  An applicant for a pesticide user service licence for a pesticide use not referred to in subsection (2) or (3) must include with the application the following fee for the licence year and each additional year of the term requested:

(a) $250 if the application is for the pesticide use from one business address;

(b) $500 if the application is for the pesticide use from 2 or 3 business addresses;

(c) $1 000 if the application is for the pesticide use from 4 or more business addresses.

(5)  An applicant for a pesticide vendor licence must include with the application the following fee for the licence year and each additional year of the term requested:

(a) $250 if the application is for the sale of domestic pesticides only or for the sale of less than 100 kg a year of commercial, restricted or permit-restricted pesticides;

(b) $1 000 if the application is for the sale of 100 or more kg a year of commercial, restricted or permit-restricted pesticides.

(6)  If an applicant would be subject to a fee under two or more of subsections (2), (3) (4) and (5) in respect of an application, the licence fee payable on application is the highest fee payable under subsection (2), (3), (4) or (5) as applicable.

(7)  A fee paid on application is not refundable unless the application is withdrawn before any processing has occurred.

(8)  If a licensee is required by the term and condition in section 47 (1) (c) [licence terms and conditions] to give notice to the administrator of a change that has the effect of increasing the fee payable in relation to the licence, the notice must be accompanied by the amount of the increase.

[am. B.C. Reg. 258/2006, s. 9.]

Pesticide classes and pesticide uses requiring a certificate

14 (1)  The following classes of pesticides are prescribed for the purpose of section 5 (1) of the Act:

(a) permit-restricted;

(b) restricted.

(2)  Aerial application of pesticide by a pilot is prescribed for the purpose of section 5 (1) of the Act.

Pesticides prescribed in relation to certified individuals

15 The following classes of pesticide are prescribed for the purposes of section 5 (2) and (3) of the Act:

(a) permit-restricted;

(b) restricted;

(c) commercial;

(d) domestic.

Certificate criteria

16 (1)  For the purpose of section 5 (5) (b) of the Act, the administrator must be satisfied that the applicant

(a) has reached 16 years of age,

(b) has attained the appropriate educational level for the certificate or has completed one or more courses specified by the administrator, and

(c) either

(i)  has passed an examination set by the administrator for the purpose of testing the knowledge of an applicant in relation to the matters listed in Schedule 3 for the category of certificate applied for, or

(ii)  has passed an examination, approved by the administrator, of another provincial government and has passed an examination set by the administrator for the purpose of testing the knowledge of an applicant in relation to the Act and this regulation.

(2)  Despite subsection (1) (c), if an applicant has previously held a certificate in the category applied for, the administrator may issue a new certificate in accordance with section 53 [certificate renewal requirements].

(3)  Before reinstating a suspended certificate, the administrator must be satisfied that the holder satisfies the requirements of section 5 (5) of the Act.

Certificate fees

17 (1)  An applicant for a certificate must include with the application a fee of $90 for each certificate examination required for the certificate.

(2)  If an applicant for a certificate

(a) has been given notice of the time and place of a certificate examination on 2 different occasions, and

(b) has failed to attend for the examination on both occasions,

the administrator is deemed to have rejected the applicant's application and the fee paid under subsection (1) is forfeited.

(3)  An applicant for a certificate renewal to whom section 53 applies must include with the application a non-refundable fee of $25.

Pesticides and pesticide uses requiring a permit

18 (1)  Permit-restricted pesticides are prescribed for the purpose of section 6 (1) of the Act.

(2)  Except as provided in subsection (4), the following uses of a pesticide are prescribed for the purpose of section 6 (1) of the Act:

(a) aerial application of a pesticide;

(b) use of a pesticide, other than an excluded pesticide, in or on a body of water, unless under section 5 [pesticide uses requiring a licence] a licence is required for the use or under section 24 [pesticide classes and pesticide uses requiring a confirmation] a confirmation is required for the use;

(c) use of a pesticide, other than an excluded pesticide, on public land, unless under section 5 a licence is required for the use or under section 24 a confirmation is required for the use;

(d) use of strychnine to control bird populations.

(3)  In addition to the uses prescribed in subsection (2), if a licence or confirmation applicant or holder requires an exemption from a requirement under section 33 (3) (b) [containment, storage, transportation, disposal and use of pesticides] in relation to a use for which the licence or confirmation, as applicable, is required, a permit specifying the requirement and the terms and conditions on which the exemption is authorized is required for the use.

(4)  A use described in subsection (2) is not prescribed if

(a) the use is aerial application to private land used primarily for agricultural production,

(b) the use is aerial application

(i)  of a pesticide listed in Schedule 4,

(ii)  in accordance with a licence or a confirmation, and

(iii)  to land that is neither in an urban area nor used for residential purposes,

(c) the use is for research purposes

(i)  of a pesticide that is exempt from registration under the federal Act for research purposes, and

(ii)  consistent with the terms on which the pesticide is exempted from registration, or

(d) the use is of a pesticide on public land used for agricultural activities, except agricultural activities authorized by a licence or permit issued under the Range Act.

[am. B.C. Reg. 258/2006, s. 10.]

Permit criteria

19 (1)  For the purposes of section 6 (3) (b) of the Act, the administrator must be satisfied that the applicant

(a) maintains a business location in British Columbia for doing business in the Province or provides the administrator with an address in British Columbia at which the person may be served with documents,

(b) has conducted the consultations as required under section 20 [public consultation requirements] and submitted a description of the action, if any, the applicant proposes to take in response to comments received during consultations, and

(c) if requested by the administrator, has submitted to the administrator an evaluation of the geographical features that require a pesticide-free zone or a no-treatment zone at the treatment location.

(2)  For the purposes of section 6 (3) (b) of the Act in relation to a permit for a use described in section 18 (3), the administrator must also be satisfied that

(a) meeting the requirement is impractical in relation to the proposed use, method of application or treatment area, and

(b) if the terms and conditions imposed on the permit under section 18 (3) are complied with, allowing the licensee or confirmation holder to perform the use without meeting the requirement will not cause unreasonable adverse effects.

Public consultation requirements — permits

20 An applicant for a permit must conduct public consultations in accordance with section 60 [public consultation process — permit application].

Exemptions from public consultation requirement

21 An applicant for a permit is exempt from the requirement under section 60 (2) (j) for a 30 day comment period if the applicant satisfies the administrator that

(a) the application relates to an unforeseen pest problem and the delay in applying the pesticide required to carry out the consultations is likely to result in an unreasonable adverse effect, or

(b) the particular pesticide use to which application relates is

(i)  to such a small area, or

(ii)  to such a remote area

that the use is unlikely to affect any person, other than the person who owns the treatment area, or any other person's property.

Public notification requirement — permits

22 If during public consultations a permit holder offers to directly notify an individual about an intended pesticide use, before performing the use the holder must notify the individual in the agreed time and manner.

Permit fees

23 (1)  An applicant for a permit must include with the application a fee of $1 000 for a term of up to 3 years.

(2)  A fee paid on application is not refundable unless the application is withdrawn before any processing has occurred.

Pesticide classes and pesticide uses requiring a confirmation

24 (1)  The following classes of pesticides are prescribed for the purpose of section 7 (1) of the Act:

(a) restricted pesticides;

(b) commercial pesticides;

(c) domestic pesticides.

(2)  Except as provided in subsection (3), the following uses of a pesticide in a class referred to in subsection (1) are prescribed for the purpose of section 7 (1) of the Act:

(a) the management of vegetation or preservation of wood on more than 20 ha a year of public or private land that are

(i)  used as a railway right of way, yard or associated signal or communication facility, and

(ii)  managed by a single entity;

(b) the management of vegetation on more than 20 ha a year of public or private land that are

(i)  used as

(A)  a highway,

(B)  a facility or right of way for a public utility as defined in the Utilities Commission Act,

(C)  a facility or right of way for the delivery of water, not including a pipe or a system or arrangement of pipes to distribute water in a community to ultimate consumers, or

(D)  a pipeline and associated facilities, and

(ii)  managed by a single entity;

(c) the management of mosquitoes, using bacterial pesticide, on more than 1 ha a year of public land that is

(i)  a body of water, and

(ii)  managed by a single entity;

(d) the preservation of more than 1000 wooden poles in a year on public or private land that is

(i)  used as

(A)  a highway, or

(B)  a facility or right of way for a public utility as defined in the Utilities Commission Act, and

(ii)  managed by a single entity;

(e) the management of forest pests on more than 20 ha a year of public land that are

(i)  used for timber production or forested, and

(ii)  managed by a single entity;

(f) the management of vegetation on more than 20 ha a year of public land that are

(i)  used as an industrial site, other than an industrial site described in paragraph (a) (i) or (b) (i), and

(ii)  managed by a single entity;

(g) the management of noxious weeds or invasive plants on more than 50 ha a year of public land managed by a single entity;

(h) the management of mosquitoes on public land, other than with a bacterial pesticide applied to a body of water.

(3)  A use described in subsection (2) (h) is not prescribed if carried out by aerial application to land that is in an urban area or used for residential purposes.

[am. B.C. Reg. 258/2006, s. 5.]

Confirmation holder exemptions

25 (1)  A confirmation holder is exempt from the requirements under section 69 [confirmation holder use of pesticide — integrated pest management] in relation to the use of wood preservatives on land described in section 24 (2) (a).

(2)  A confirmation holder is exempt from a requirement in section 33 (3) (b) [containment, storage, transportation, disposal and use requirements] in relation to a pesticide use if the confirmation holder holds a permit issued under section 6 (1) of the Act authorizing the exemption in relation to the use and setting out terms and conditions the confirmation holder must comply with instead.

Confirmation criteria

26 For the purpose of section 7 (3) (b) of the Act, the administrator must be satisfied that the applicant

(a) maintains a business location in British Columbia for doing business in the Province or provides the administrator with an address in British Columbia at which the person may be served with documents, and

(b) has conducted the consultations as required under section 27 (1) and submitted with the application a description of the action, if any, the applicant proposes to take in response to comments received during consultations.

Public consultation requirements — confirmations

27 (1)  A person preparing a pest management plan for the purposes of section 7 (1) (a) of the Act must conduct public consultations in relation to the pest management plan in accordance with section 61 [public consultation process — pesticide management plan].

(2)  A holder of a confirmation must conduct public consultations in accordance with section 61 before submitting an amendment to the pesticide use notice if the amendment relates to information required under section 59 (1) (c), (d) or (e) [pesticide use notice requirements].

Public notification requirement — confirmations

28 (1)  A holder of a confirmation must give notice to individuals in the vicinity of a treatment location, in accordance with section 64 [public notification requirements — confirmation holders].

(2)  If during public consultations a confirmation holder offers to directly notify an individual about an intended pesticide use, before performing the use the holder must notify the individual in the agreed time and manner.

Confirmation fees

29 (1)  An applicant for a confirmation must include with the pesticide use notice the following fees:

(a) for a use described in section 24 (2) (a) to (c) or (e) to (h) [pesticide uses requiring a confirmation],

(i)  $500 for a confirmation if the confirmation is for pesticide use on less than 50 ha in each year of the term,

(ii)  $1 000 for a confirmation if the confirmation is for pesticide use on 50 or more ha in any year of the term and less than 500 ha in each year of the term, and

(iii)  $2 000 for a confirmation if the confirmation is for pesticide use on 500 or more ha in any year of the term;

(b) for a use described in section 24 (2) (d),

(i)  $1 000 if the confirmation is for pesticide use on more than 1 000 poles in any year of the term of confirmation and not more than 10 000 poles in each year of the term of the confirmation, and

(ii)  $2 000 if the confirmation is for pesticide use on more than 10 000 poles in any year of the term of the confirmation.

(2)  If an amendment to a pesticide use notice required under section 59 (2) [pesticide use notice requirements] has the effect of increasing the fee payable in relation to the confirmation, the amended notice must be accompanied by the amount of the increase for the remainder of the term of the confirmation.

(3)  If a confirmation is issued in relation to a pesticide use notice or an amended pesticide use notice, the fee paid with the pesticide use notice is not refundable.

Fee for pest management plan copy

30 For the purposes of section 7 (6) (c) (ii) of the Act, a confirmation holder may charge $0.25 for each page for a copy of the pest management plan.

Requirement to notify fire department

31 Within 60 days after starting to store pesticides at a location, each of the following must provide notice of the storage location to the fire department responsible for fire protection at that location:

(a) a pesticide manufacturer;

(b) a pesticide distributor;

(c) a pesticide formulator;

(d) a pesticide wholesaler;

(e) a licensee;

(f) a permit holder;

(g) a confirmation holder.

[am. B.C. Reg. 258/2006, s. 11.]

Use requirements — licensee and confirmation holder

32 A person who holds a licence or a confirmation must

(a) apply integrated pest management in accordance with section 68 [licensee — integrated pest management] or 69 [confirmation holder — integrated pest management], as applicable, when using a pesticide, and

(b) unless the pesticide use is authorized under another enactment or by an order of the court or the Lieutenant Governor in Council, before using a pesticide obtain the express permission of the owner or manager of the land to which pesticide is applied.

Containment, storage, transportation, disposal and use of pesticides

33 (1)  A person who stores a pesticide must store it in a manner that

(a) minimizes hazards to human health and the environment, and

(b) is in accordance with the standards prescribed in section 65 [pesticide container and labeling standards], 66 [pesticide storage] and 67 [pesticide storage — licensee], as applicable.

(2)  A person who transports or causes or allows the transport of a pesticide must ensure that the pesticide is secured and transported in accordance with the applicable standards prescribed in Division 7 [Standards for Use, Containment, Transport, Storage or Sale of Pesticide] of Part 2 and in a manner that prevents

(a) the escape, discharge or unauthorized removal of the pesticide from the transport vehicle, and

(b) the contamination of food or drink intended for animal or human consumption, household furnishings, toiletries, clothing, bedding or similar items that are transported with the pesticide.

(3)  A person who uses a pesticide must use it in a manner that

(a) minimizes hazards to human health and the environment, and

(b) is in accordance with the applicable standards prescribed in Division 7 [Standards for Use, Containment, Transport, Storage or Sale of Pesticide] of Part 2 in relation to

(i)  the handling, mixing, applying or disposing of pesticides, and

(ii)  the handling and disposal of containers used for pesticide.

Records of sale and annual report — vendor licensee

34 (1)  A licensee who sells pesticides must

(a) keep a record of each sale of a commercial, permit-restricted or restricted pesticide, and

(b) prepare and submit to the administrator by April 1 of each year following a calendar year in which the licensee was licensed, a summary of the licensee's sales in the calendar year.

(2)  The record required under subsection (1) (a) must include all the following in relation to each sale:

(a) the date of sale;

(b) the purchaser's name, address, telephone number and, for sales of restricted or permit-restricted pesticide, the purchaser's applicator certificate number;

(c) the certified dispenser's name and certificate number;

(d) the pesticide sold including its trade name and registration number under the federal Act;

(e) the size of the container the pesticide was sold in and the number of containers sold.

(3)  The annual summary of pesticide sales required under subsection (1) (b) must include all the following in relation to each commercial, restricted and permit-restricted pesticide sold by the licensee in the calendar year to which it relates:

(a) trade name;

(b) registration number under the federal Act;

(c) active ingredient;

(d) total litres or kilograms sold.

Records of use — licensee

35 (1)  A licensee who uses a pesticide, other than a wood preservative, must keep a record containing the following information for each treatment location and day of use:

(a) if the use was performed as a service, the name and address of the person for whom the service was performed;

(b) if the service was performed for another licensee or a permit or confirmation holder, the number of the person’s licence, permit or confirmation;

(c) if the use was not performed as a service, the name and address of the owner or manager of the treatment location;

(d) the name and certificate number of the certified applicator who used the pesticide or supervised the use;

(e) the date and time of the pesticide use;

(f) the name of the pest targeted by the use or the purpose of the pesticide use;

(g) the trade name of each pesticide used and its registration number under the federal Act;

(h) for each pesticide used, the method and rate of application and the total quantity used;

(i) if the use was outdoors, the prevailing meteorological conditions including temperature, precipitation and velocity and direction of the wind;

(j) pest monitoring methods and injury thresholds used to fulfill the licensee’s integrated pest management requirements in relation to the use;

(k) advice given to the owner or manager of the treatment area in relation to the following:

(i)  safe re-entry time;

(ii)  the number of days before a crop can be harvested safely;

(iii)  additional precautions that should be taken to minimize exposure to the pesticide;

(l) if the licensee decided under section 71 (4) [use requirements – licensee and confirmation holder] that a no-treatment zone may be reduced, the information on which the licensee based the decision.

(2)  A licensee who performs a use described in section 5 (1) (g) [pesticide uses requiring a licence] on more than 20 ha a year managed by a single entity must also keep records of each of the following for each treatment location:

(a) the results of pest monitoring carried out by the licensee in relation to

(i)  the pest population, and

(ii)  the damage caused by pests;

(b) the use of the monitoring results described in paragraph (a) to determine injury thresholds;

(c) how public notification was given and where notices were posted;

(d) the effectiveness and impacts of the pesticide use.

(3)  A licensee who performs a use described in section 5 (1) (g) on more than 20 ha a year managed by a single entity must keep a record for each piece of the licensee’s pesticide application equipment that requires calibration showing when the equipment was calibrated and the data upon which its calibration was based.

(4)  A licensee who uses a wood preservative must keep the records described in subsection (1) (a) to (h) for each treatment location and day of use.

(5)  A licensee who uses a fumigant gas must keep a record of the results of monitoring required under section 82 [use requirements – licensee in relation to fumigant gas].

[am. B.C. Reg. 258/2006, s. 12.]

Records of use — permit holder

36 A permit holder who uses a pesticide, or authorizes the use of a pesticide, must keep a record containing the following information for each treatment location and day of use under the permit;

(a) the name and address of the owner or manager of the treatment location;

(b) if the use was performed as a service, the name and licence number of the licensee who performed the service;

(c) if the use was not performed as a service, the name and certificate number of the certified applicator who used the pesticide or supervised the use;

(d) if a confirmation was required for the use, the confirmation number;

(e) the information described in section 35 (1) (e) to (i) and (k) [records of use — licensee].

Records of use — confirmation holder

37 (1)  A confirmation holder who uses a pesticide or authorizes the use of a pesticide, other than a wood preservative, must keep a record containing the following information for each treatment location and day of use:

(a) the name and address of the owner or manager of the treatment location;

(b) if the use was performed as a service, the name and licence number of the licensee who performed the service;

(c) if the use was not performed as a service, the name and certificate number of the certified applicator who used the pesticide or supervised the use;

(d) if a permit was required for the use or the class of pesticide, the permit number;

(e) the information required under section 35 (1) (e) to (i), (k) and (l) and (2);

(2)  A confirmation holder must keep a record for each piece of the holder's pesticide application equipment that requires calibration showing when the equipment was calibrated and the data upon which its calibration was based.

(3)  A confirmation holder who uses a wood preservative, or authorizes the use of a wood preservative, must keep the records required under section 35 (4).

Public consultation records

38 (1)  A licensee, a permit holder and a confirmation holder who is required under this regulation to conduct consultations in relation to an application or a pesticide use must prepare and maintain the following records of those consultations:

(a) a record of when and in what newspaper the notice was published or when the notice was given of the public consultation, as applicable;

(b) a summary of the verbal public responses to the public consultation;

(c) a summary of the responses given by the licensee, permit holder or confirmation holder to the public responses described in paragraph (b).

(2)  In addition to the records under subsection (1), a licensee, a permit holder and a confirmation holder must also retain

(a) copies of any notices published or given under section 60, 61 or 62, and

(b) all written responses to the notice under subsection (1).

(3)  If a person described in subsection (1) conducting public consultations described in subsection (1) agrees to give notice to an individual before a pesticide use, the licensee, permit holder or confirmation holder must retain a copy of the notice given.

Annual use report — licensee, permit holder and confirmation holder

39 (1)  A pesticide user service and a pesticide user non-service licensee, a permit holder and a confirmation holder must provide to the administrator an annual report for a calendar year by January 31 in the next calendar year.

(2)  An annual report under this section must include

(a) the name and address of the licensee, permit holder or confirmation holder, and their licence, permit or confirmation number,

(b) the following information for each pesticide used in the calendar year:

(i)  trade name;

(ii)  registration number under the federal Act;

(iii)  active ingredient;

(iv)  amount in kilograms, and

(c) the total area treated.

(3)  The annual report of a pesticide user service licensee must

(a) provide separate records of the information required under subsection (2) (b) for

(i)  those pesticides used for another licensee or a permit or confirmation holder, and

(ii)  those pesticides used for a person who did not hold a licence, permit or confirmation for the use, and

(b) set out the total ha treated in the calendar year for a use described in section 5 (1) (a), (b), (j), (k) or (l).

(4)  In the annual report required under this section a licensee, in relation to a use described in section 5 (1) (g) [pesticide uses requiring a licence] on more than 20 ha a year managed by a single entity, and a confirmation holder, in relation to all pesticide uses, must also provide the following information:

(a) a description of the treatment location and a map identifying its gross boundaries;

(b) the methods used to apply pesticide;

(c) the total area treated;

(d) total area treated with each pesticide used;

(e) methods of non-pesticide pest controls used and the estimated total area of their use.

[am. B.C. Reg. 28/2005.]

Licensee — notice of intent to treat public land or aerially or by fumigation

40 If a licensee has not given prior notice under section 45 (h) [licence applications] that the licensee intends to

(a) use a pesticide on public land,

(b) aerially apply pesticide, or

(c) use a fumigant gas pesticide,

the licensee must give written notice to the administrator at least 2 business days before the first such use.

Licensee — annual notice of intent to treat more than 20 ha private forest land

41 (1)  For the purpose of the annual notice of intent to treat under this section, a licensee who uses a pesticide for a use described in subsection (2) must prepare and retain a detailed map or diagram showing the treatment locations for the applicable calendar year and indicating for each treatment location

(a) the proposed treatment areas, and

(b) the geographic features that require a pesticide-free zone or a no-treatment zone.

(2)  At least 14 days before using a pesticide for the first time in a calendar year for a use described in section 5 (1) (g) [pesticide uses requiring a licence] on more than 20 ha a year managed by a single entity, a licensee must provide to the administrator a notice of intent that complies with subsection (3).

(3)  A notice of intent to treat under subsection (2) must provide all the following information:

(a) the name and business location of the licensee;

(b) a description of each treatment location proposed for a use described in subsection (2) for the calendar year and a map or diagram, based on the map or diagram prepared and retained under subsection (1), that clearly identifies those locations;

(c) a description of the proposed treatment for each treatment area including the pesticide to be used and its method of application;

(d) the total area of treatment areas in the treatment locations described under paragraph (b).

(4)  After a notice of intent to treat has been submitted for a calendar year, the licensee may increase the total provided under subsection (3) (d) by up to 10% if the licensee gives written notice to the administrator at least 2 business days before using the pesticide, which notice provides the information required under subsection (3) in relation to the increased area.

(5)  If, during a calendar year, the licensee intends to exceed the total provided under subsection (3) (d) by more than 10%, the licensee, at least 14 days before a pesticide use that causes the excess, must provide to the administrator a revised notice of intent to treat that complies with subsection (3).

(6)  The detailed map required by subsection (1) must be provided to the administrator within 3 business days of a request.

Confirmation holder — annual notice of intent to treat

42 (1)  For the purpose of an annual notice of intent to treat under this section, a confirmation holder who uses a pesticide, or authorizes the use of a pesticide, other than a wood preservative, must prepare and retain a detailed map or diagram showing the treatment locations for the applicable calendar year and indicating for each treatment location

(a) the proposed treatment areas, and

(b) the geographic features that require a pesticide-free zone or a no-treatment zone.

(2)  At least 21 days before the first use of pesticide in a calendar year, a confirmation holder must submit to the administrator a notice of intent to treat that complies with subsection (3).

(3)  A notice under subsection (2) must contain all the following information, which information must be consistent with the information provided in the pesticide management plan and pesticide use notice prepared or submitted in relation to the confirmation:

(a) the name and business location of the confirmation holder;

(b) a description of the proposed treatment locations for the calendar year and a map or diagram, based on the map or diagram prepared and retained under subsection (1), that clearly identifies those locations;

(c) a description of the proposed treatment for each treatment area including the pesticide to be used and its method of application;

(d) the total area of treatment areas in the treatment locations described under paragraph (b).

(4)  After a notice of intent to treat has been submitted for a calendar year, a confirmation holder may increase the total provided under subsection (3) (d) by up to 10% if the confirmation holder gives written notice to the administrator at least 2 business days before using the pesticide, which notice provides the information required under subsection (3) in relation to the increased area.

(5)  If, during a calendar year, a confirmation holder intends to exceed the total provided under subsection (3) (d) by more than 10%, the confirmation holder, at least 21 days before a pesticide use that causes the excess, must provide to the administrator a revised notice of intent to treat that complies with subsection (3).

(6)  The detailed map described in subsection (1) must be provided to the administrator within 3 business days of a request.

[am. B.C. Reg. 258/2006, s. 13.]

Classification of pesticides

43 (1)  The pesticides set out in Schedule 1 are classified as permit-restricted pesticides.

(2)  The pesticides set out in Schedule 2 are classified as excluded pesticides.

Category of licence required

44 (1)  The following categories of licences are prescribed:

(a) pesticide vendor;

(b) pesticide user service;

(c) pesticide user non-service.

(2)  Subject to Division 2 [Licences] of Part 1, a person must hold a pesticide vendor licence who

(a) sells or offers to sell a pesticide, or

(b) purchases, directly or indirectly, a pesticide for the purpose of selling the pesticide.

(3)  Subject to Division 2 of Part 1, a person must hold a pesticide user service licence who

(a) provides, or offers to provide, for a fee a service respecting pesticides,

(b) provides, or offers to provide, for a fee a service of a use prescribed in section 5 (1) [pesticide uses requiring a licence], or

(c) purchases, directly or indirectly, a pesticide for the purpose of providing a service described in paragraph (a) or (b).

(4)  Subject to Division 2 of Part 1, a person must hold a pesticide user non-service licence who uses, or whose employees use, pesticide on the person's own land.

Licence applications

45 An applicant for a licence must provide the following information, as applicable to the category of licence and class of pesticides or use applied for, in an application form that is signed by the applicant or the applicant's agent and is in the form specified by the administrator:

(a) name, address and telephone number of the applicant, and if the applicant is a corporation, the name a person who is the principal contact in relation to the application;

(b) if the applicant carries on business in a name other than a name provided under paragraph (a), that other name;

(c) each business address where pesticides are sold or from which pesticides are used;

(d) category of licence applied for;

(e) classes and amounts of pesticides in relation to which the applicant applies to be licensed to sell;

(f) uses of pesticides for which the applicant applies to be licensed and the number of ha or poles a year to be treated under the licence;

(g) term requested up to a maximum of 5 years;

(h) whether the applicant intends to

(i)  use a pesticide on public land,

(ii)  aerially apply pesticide, or

(iii)  use a fumigant gas pesticide

during the term of the licence.

Duties of certified individuals in relation to licensee

46 (1)  For the purpose of section 5 (2) of the Act, the duties that a licensee providing a service using a class of pesticides prescribed in section 15 [pesticides prescribed in relation to certified individual] must ensure are performed by a certified individual are the following:

(a) be present when the service is provided;

(b) either

(i)  perform the use, or

(ii)  supervise not more than 4 uncertified individuals who perform the use.

(2)  For the purposes of subsection (1) (b) (ii), the certified individual must not be more than 500 m from and must maintain continuous visual or auditory contact with each individual being supervised.

(3)  For the purpose of section 5 (3) of the Act, the duties that a licensee selling a class of pesticides prescribed in section 15 must ensure are performed by a certified individual are the following:

(a) advise each pesticide purchaser that they may lawfully use the pesticide only for the use described on the label and in accordance with the instructions on that label;

(b) offer to provide advice in relation to pest management and the safe use of the pesticide.

Licence terms and conditions

47 (1)  The following are terms and conditions of every licence issued under section 4 of the Act:

(a) a licensee must comply with all applicable regulations;

(b) a licence is not transferable without the written approval of the administrator;

(c) within 30 days after a change in any information provided by the licensee in an application under section 45 [licence applications], the licensee must give written notice to the administrator of the change;

(d) if a licensee performs a pesticide use as a service

(i)  for a permit holder, the licensee must comply with the terms and conditions of the permit, or

(ii)  for a confirmation holder, the licensee must comply with the requirements in sections 73 to 79.

(e) if a licensee believes that the licensee or another person has contravened the Act or this regulation in a manner involving the release of pesticide into the environment, the licensee must give written notice to the administrator as soon as practicable after forming the belief.

(2)  A person may request the administrator's approval of a transfer of a licence to another person by submitting to the administrator an application containing the name of the licensee and the information required on a new licence application.

Vendor licence terms and conditions

48 The following are terms and conditions of every pesticide vendor licence issued under section 4 of the Act:

(a) the licence is valid according to its terms only in relation to the business location indicated on the licence application;

(b) the licensee must have available for inspection, at the place and time a pesticide is sold, a copy of the certificate held by the certified individual required under 5 (3) of the Act to perform duties described in section 46 (3) [duties of certified individuals in relation to licensee] in relation to the sale;

(c) a licensee may not sell a pesticide to an individual who has not reached 16 years of age;

(d) a licensee may sell or distribute a permit-restricted pesticide or a restricted pesticide only to a person who

(i)  holds a certificate, or

(ii)  is the agent of an individual who holds a certificate;

(e) a licensee may sell or distribute a permit-restricted pesticide only to a person who

(i)  holds a permit, or

(ii)  is the agent of a person who holds a permit;

(f) a licensee must ensure that an individual holding a pesticide dispenser certificate endorsed for the applicable class of pesticides performs the following functions:

(i)  provides assistance with handling and storing pesticide at the business location;

(ii)  provides assistance in responding to emergencies involving pesticides at the business location.

User service and user non-service licence terms and conditions

49 (1)  The following are terms and conditions of every pesticide user service licence and pesticide user non-service licence:

(a) the licensee must ensure that an individual holding the certificate required under section 50 (4) in relation to a particular use is present when the use is performed and either

(i)  performs the use, or

(ii)  supervises not more than 4 uncer