The ban on the use of Class 9 pesticides contains exceptions for public works, if certain conditions are met.
Effective April 22, 2010 a licensed industrial vegetation exterminator, who intends to use Class 9 pesticides to control pests that affect public works, must be certified by the Integrated Pest Management Council of Canada (IPMCC), an integrated pest management body approved under provincial regulation.
Owners and operators of public works must ensure that licensed industrial vegetation exterminators applying Class 9 pesticides for public works are certified by the IPMCC. Also, owners/operators of public works are required to prepare annual reports of pesticide use under the public works exception. Maintaining records of Class 9 pesticides used in 2010 will be necessary to comply with the annual reporting requirements.
Public work, as defined under Ontario Regulation 63/09, means a structure that provides a benefit to the public and that is owned or operated by the Government of Ontario or Canada or by any board or commission thereof, or by any municipal corporation, public utility commission or by private enterprise and includes any railway, canal, highway, bridge, power works including all property used for the generation, transformation, transmission, distribution or supply of hydraulic or electrical power, gas works, water works, public utility or other work.
Public Works Exception - Guide to Providing Written Instructions
Persons using a Class 9 pesticides under the public works exception who are working under written instructions of a licensed Industrial Vegetation exterminator must carry or have readily available at the extermination site:
An IPM certified licensed exterminator must provide written instructions to licensed exterminators and/or technicians/trainees for the use Class 9 pesticides under the public works exception [Sections 24(1)(b) and 24(1)(c)(ii)].
Written instructions should include, at a minimum, the following information for each pesticide product used: