Public Works

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.
More information:

• Technical Guidance: Pesticides Act and Ontario Regulation 63/09 - Public Works - May 2011
• Public Works Exception – Guide to Providing Written Instructions - Written Instructions Guide for IPM Certified Licensed Exterminators

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:

• a copy of the certificate issued to the IPM certified licensed exterminator, and,
• a copy of the written instructions of the IPM certified licensed exterminator

 Written Instructions

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:

1. Name of the IPM Certified exterminator
2. Date written instructions provided
3. Name of the class 9 pesticide to be used and the corresponding Pest Control Products Act (PCP) Registration Number
4. Target pest
5. Rate of application
6. Timing of application
7. Method of application (e.g. foliar spraying, basal bark treatment, injection)
8. Treatment type (e.g. broadcast, spot application)
9. Application Equipment (e.g. boom sprayer, back pack sprayer, wand applicator)
10. Location and size of treatment area
11. IPM principles that need to be considered (e.g. identify site conditions and/or environmentally sensitive areas that may require buffer zones)