The following definitions apply in this Act. R.S.1973, c.P-8, s.1; 1976, c.45, s.1; 1979, c.54, s.1; 1982, c.48, s.1; 1986, c.8, s.96; 1987, c.40, s.1; 1989, c.55, s.41; 1994, c.92, s.1; 2000, c.26, s.235; 2006, c.16, s.132; 2012, c.39, s.108; 2020, c.25, s.81
“analyst” means an analyst appointed by the Minister under section 23. (analyste)
“animal” includes a bird, reptile, amphibian, fish, invertebrate or mammal other than a human. (animal)
“Board” means the Pesticides Advisory Board established under section 4. (Commission)
“body of water” includes ground water, a natural or artificial lake, pond, river, bay, marsh, creek, brook or stream and shore water, coastal waters, marine waters and any waters in which aquaculture is to be, is or was carried on. (étendue d’eau)
“certificate” means a valid and subsisting certificate issued under this Act or the regulations. (certificat)
“Crown” means the Crown in right of the Province and includes a Crown corporation. (Couronne)
“Director” means the Director of Pesticides Control appointed under section 3. (directeur)
“inspector” means an inspector appointed by the Minister under section 24. (inspecteur)
“licence” means a valid and subsisting licence issued under this Act or the regulations. (licence)
“Minister” means the Minister of Environment and Climate Change and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“natural environment” means air, land and water or any combination or part of air, land and water. (environnement naturel)
“permit” means a valid and subsisting permit issued under this Act or the regulations. (permis)
“pest” means an injurious, noxious or troublesome plant or animal life other than plant or animal life on or in a human and includes an injurious, noxious or troublesome organic function of a plant or animal. (parasite)
“pesticide” means a product, device, organism, substance or thing or combination of any products, devices, organisms, substances or things that is intended to be or is represented as, sold as or used as a means for(pesticide)
(a) directly or indirectly controlling, preventing, killing, destroying, mitigating, attracting or repelling a pest, or
(b) altering the growth, development or characteristics of a living plant that is not a pest,
“pesticide container” means a package or an apparatus that contains or has contained either a pesticide or pesticide residue. (récipient à pesticide)
“premises” includes land, an interest in land and any buildings on land. (lieux)
“sell” includes offer for sale, expose for sale, display or advertise for sale or have in possession for sale and distribution. (vendre)
“vendor” means a person who sells or supplies a pesticide to any other person within the Province. (vendeur)
The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf. R.S.1973, c.P-8, s.2; 1994, c.92, s.2
The Minister shall appoint, as an employee of the Department of Environment and Local Government, a Director of Pesticides Control. R.S.1973, c.P-8, s.3; 1979, c.54, s.2; 1982, c.3, s.55; 1986, c.8, s.96; 1989, c.55, s.41; 2000, c.26, s.235; 2006, c.16, s.132; 2012, c.39, s.108
R.S.1973, c.P-8, s.4; 1976, c.45, s.2; 1982, c.48, s.2; 1986, c.8, s.96; 1989, c.55, s.41; 1994, c.70, s.7; 1996, c.25, s.25; 2000, c.26, s.235; 2004, c.20, s.47; 2006, c.16, s.132; 2007, c.10, s.72; 2010, c.31, s.102; 2012, c.39, s.108; 2016, c.37, s.137; 2019, c.29, s.197; 2022, c.21, s.9; 2025, c.24, s.22
There shall be a Board called the Pesticides Advisory Board composed of members appointed by the Minister as follows:
(a) the Director, as Chair;
(b) two members from the Department of Agriculture, Aquaculture and Fisheries;
(c) two members from the Department of Environment and Local Government;
(d) one member from the Department of Health;
(e) one member from the Department of Natural Resources;
(f) one member from the Workplace Health, Safety and Compensation Commission; and
(g) if the Minister considers it advisable, up to two other persons.
A majority of the members of the Board constitutes a quorum.
The Lieutenant-Governor in Council may fix the rate for reimbursement of the expenses incurred by members of the Board while acting on behalf of the Board. R.S.1973, c.P-8, s.5
R.S.1973, c.P-8, s.6; 1982, c.48, s.3
The Board
(a) shall review the content and operation of this Act and the regulations and may recommend changes to them to the Minister,
(b) may, if the Board considers it advisable, and shall, when requested by the Minister, inquire into and consider any matters concerning pesticides and report on them to the Minister, and
(c) shall perform any other functions that are prescribed in this Act and the regulations or by the Minister.
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.
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.
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.
R.S.1973, c.P-8, s.7; 1982, c.48, s.4
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.
An exemption made under subsection (1) shall take effect when notice of it is published in The Royal Gazette.
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.
R.S.1973, c.P-8, s.8; 1979, c.54, s.3; 1982, c.48, s.5; 1986, c.8, s.96; 1994, c.92, s.3; 2000, c.26, s.235; 2006, c.16, s.132
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.
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.
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.
When the Minister has restricted or prohibited the sale, supplying or use of a pesticide under section 8, no person shall sell, supply or use that pesticide except in accordance with the conditions that are specified in the terms of the restriction. R.S.1973, c.P-8, s.9
R.S.1973, c.P-8, s.10; 1982, c.48, s.6; 1994, c.92, s.4; 2002, c.28, s.1
The Director may impose those terms and conditions that the Director considers appropriate
(a) on an applicant under subsection (1), to be met before the application may be granted, or
(b) on a licence or certificate issued under subsection (1), to be met by the holder or other persons operating under the licence or certificate during or after the period when it is valid.
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:
(a) the applicant has been convicted of a violation of a provision of this Act or the regulations or a provision relating to pesticides in any other Act of the Legislature, an Act of the Parliament of Canada or a regulation or statutory instrument under those Acts;
(b) in the opinion of the Director, on reasonable grounds, the applicant has failed to comply with a term or condition imposed on the applicant or on a licence, certificate or permit previously issued to the applicant under this Act or the regulations; or
(c) a licence, certificate or permit previously issued to the applicant under this Act or the regulations was revoked.
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.
The Director may suspend a licence or certificate issued under subsection (1) for the period the Director considers appropriate or may revoke it if
(a) the Director has reasonable grounds to believe that a person operating under the licence or certificate has refused or failed to comply with a provision of this Act or the regulations, an order made under any of them or a term or condition imposed on the person or on the licence or certificate, or
(b) the Director is of the opinion that it is in the public interest to suspend or revoke the licence or certificate.
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.
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.
R.S.1973, c.P-8, s.12; 1976, c.45, s.3; 1979, c.54, s.4; 1982, c.48, s.8; 1994, c.92, s.5; 2002, c.28, s.2
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.
The Minister may impose those terms and conditions that the Minister considers appropriate
(a) on an applicant under subsection (1), to be met before the application may be granted, or
(b) on a permit issued under subsection (1), to be met by the holder or other persons operating under the permit during or after the period when it is valid.
The Minister may refuse to issue a permit under subsection (1) in the circumstances the Minister considers appropriate, including in the following circumstances:
(a) the applicant has been convicted of a violation of a provision of this Act or the regulations or a provision relating to pesticides in any other Act of the Legislature, an Act of the Parliament of Canada or a regulation or statutory instrument under those Acts;
(b) in the opinion of the Minister, on reasonable grounds, the applicant has failed to comply with a term or condition imposed on the applicant or on a licence, certificate or permit previously issued to the applicant under this Act or the regulations; or
(c) a licence, certificate or permit previously issued to the applicant under this Act or the regulations was revoked.
The Minister may suspend a permit issued under subsection (1) for the period the Minister considers appropriate or may revoke it if
(a) the Minister has reasonable grounds to believe that a person operating under the permit has refused or failed to comply with a provision of this Act or the regulations, an order made under any of them or a term or condition imposed on the person or on the permit, or
(b) the Minister is of the opinion that it is in the public interest to suspend or revoke the permit.
The Minister may reinstate a permit suspended under subsection (5) subject to the terms and conditions that the Minister considers appropriate.
No person shall offer for sale, sell or supply a pesticide unless that person holds a vendor’s licence issued under this Act. R.S.1973, c.P-8, s.14; 1982, c.48, s.10; 1994, c.92, s.7
No person shall operate a business or provide or offer to provide a service involving the use or application of a pesticide for fee or reward unless that person holds a pesticide operator’s licence issued under this Act. R.S.1973, c.P-8, s.15; 1976, c.45, s.4; 1982, c.48, s.11; 1987, c.40, s.2
No person shall apply a pesticide to an area within the Province, including a body of water, unless R.S.1973, c.P-8, s.16; 1976, c.45, s.5; 1979, c.54, s.6; 1982, c.48, s.12; 1994, c.92, s.8
(a) the person holds a certificate issued under this Act, and
(b) a permit has been issued under this Act authorizing the application of the pesticide.
R.S.1973, c.P-8, s.18; 1979, c.54, s.7; 1994, c.92, s.9
No person shall use a pesticide
(a) for a purpose other than that for which it is sold or supplied in the normal course of trade, or
(b) in a manner contrary to any of the following:
(i) regulations as to its use;
(ii) the manufacturer’s written recommendation as to its use, contained in or on the pesticide container in which the pesticide was contained; or
(iii) a term or condition imposed on the person or on a permit issued under section 11.
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.
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.
No person shall wash or submerge in a body of water or cause water from a body of water to be drawn into a pesticide container or an apparatus used for the mixing or application of a pesticide in a manner contrary to the regulations. R.S.1973, c.P-8, s.19
No person shall discharge into a body of water any substance used in R.S.1973, c.P-8, s.20
(a) mixing or applying a pesticide, or
(b) washing a pesticide container.
No person shall store or transport a pesticide in a manner that may allow the pesticide to come directly or indirectly into contact with human, animal or plant life in a manner that could be injurious to that life. R.S.1973, c.P-8, s.21
R.S.1973, c.P-8, s.22, s.23; 1982, c.48, s.13; 1994, c.92, s.10, s.11
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.
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
(a) the package or container in which it was originally stored for sale after its manufacture or offered for sale or sold by a vendor, or
(b) a package or container of a type approved by regulation.
No person shall dispose of a pesticide or a mixture containing a pesticide in a manner contrary to the regulations. R.S.1973, c.P-8, s.24; 1982, c.48, s.14
No person shall dispose of a pesticide container in a manner contrary to the regulations. 1982, c.48, s.14
R.S.1973, c.P-8, s.25; 1994, c.92, s.12
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
(a) restrict or prohibit the sale, handling, use or distribution of the crop, food, feed, animal, plant, water, product or other matter permanently or for the length of time that the Minister considers necessary, or
(b) require the crop, food, feed, animal, plant, water, product or other matter to be destroyed or rendered harmless.
No person shall be entitled to compensation from the Crown for anything done in accordance with an order under subsection (1).
R.S.1973, c.P-8, s.26
The Minister may appoint qualified persons as analysts for the purposes of this Act and the regulations.
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.
R.S.1973, c.P-8, s.27; 1982, c.48, s.15; 1994, c.92, s.13
The Minister may appoint inspectors for the purposes of carrying out the provisions of this Act and the regulations.
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
(a) take samples for analysis of
(i) any pesticide, or
(ii) any crop, food, feed, animal, plant, soil, water, product or other matter, and
(b) examine any books, records, registers, letters, bills or documents concerning the sale, purchase, supply, distribution, application or use of pesticides.
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.
R.S.1973, c.P-8, s.28; 1979, c.54, s.8; 1982, c.48, s.16; 1994, c.92, s.14; 2002, c.28, s.3
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
(a) contrary to this Act or the regulations,
(b) dangerous to the health of a person or animal or harmful to soil, crops or plant life, or
(c) contrary to a term or condition imposed on a person or on a licence, certificate or permit issued under this Act or the regulations,
The inspector shall immediately forward a copy of the order and the reasons for the order to the Chairman of the Board.
2002, c.28, s.4
Except in the case of an emergency situation, an order made under this Act, including an amendment or revocation of an order, shall
(a) be in writing,
(b) include the reasons for the order, and
(c) be served on each person to whom the order is directed.
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.
R.S.1973, c.P-8, s.29; 1982, c.48, s.17; 1994, c.92, s.15; 2002, c.28, s.5
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.
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.
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.
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.
R.S.1973, c.P-8, s.30; 1979, c.54, s.9; 1982, c.48, s.18; 1987, c.4, s.11; 1990, c.61, s.106; 1994, c.92, s.16
A person who violates or fails to comply with a provision of the regulations commits an offence.
A person commits an offence who violates or fails to comply with
(a) an order of the Minister made under section 22, after being served with a copy of the order or having knowledge of the order, or
(b) an order of an inspector made under section 25, after being served with a copy of the order or having knowledge of the order.
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.
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.
When an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
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.
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.
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.
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.
Proceedings with respect to an offence under this Act or the regulations may be instituted at any time within two years after the time when the subject matter of the proceedings arose. 2002, c.28, s.6
1982, c.48, s.19; 1994, c.92, s.17; 2002, c.28, s.7; 2023, c.17, s.191
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
(a) owns the pesticide or substance or has the charge, management or control of it, or
(b) causes or contributes to the deposit or discharge,
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
(a) persons referred to in paragraph (1)(a), who are liable jointly and severally, subject to subsection (3), and
(b) persons referred to in paragraph (1)(b), who are liable jointly and severally according to their respective degrees of fault or negligence.
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
(a) an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or
(b) an act or omission with intent to cause damage by a person other than a person for whose wrongful act or omission the person is by law responsible.
Service of a document required to be served under this Act may be effected by serving the document personally on the person to be served or on an adult residing at the residence of the person to be served, while at the residence, or by mailing the document by prepaid registered mail to the latest known address of the person, and, if it is sent by registered mail, shall be deemed to have been effected on the fifth day after the day of mailing unless the person to whom it was sent establishes that, through no fault of the person’s, the person did not receive the document. R.S.1973, c.P-8, s.31; 1994, c.92, s.18
This Act binds the Crown. R.S.1973, c.P-8, s.33; 1982, c.48, s.21
The Lieutenant-Governor in Council may make regulations R.S.1973, c.P-8, s.32; 1976, c.45, s.7; 1979, c.54, s.10; 1982, c.48, s.20; 1994, c.92, s.19
(a) respecting terms, conditions, qualifications and requirements applicable to licences, certificates and permits before their issue or during or after the period when they are valid or to applicants for, holders of or other persons operating under licences, certificates or permits;
(b) respecting records to be kept and returns to be made by the holders of licences, certificates and permits;
(c) prescribing classes of certificates to be issued by the Director;
(d) respecting fees for the purposes of this Act and the regulations;
(e) respecting the manner of making application for and the procedure respecting issuance of licences, certificates and permits;
(f) respecting forms for the purposes of this Act and the regulations;
(g) respecting the storage, use, transportation, packaging, handling or application of pesticides;
(h) respecting the offering for sale, sale or supply of a pesticide or a substance treated by or mixed with a pesticide, whether in bulk or not;
(i) approving containers for the sale, storage or transportation of a pesticide in a package or container other than that in which it was originally stored after being manufactured or sold;
(j) respecting the manner in which a pesticide container or other apparatus used in connection with a pesticide may be disposed of;
(k) respecting terms, conditions and requirements to be met by licence, certificate and permit holders, and others, in the event a pesticide is deposited or discharged in a manner contrary to this Act or the regulations and in preventing, counteracting, mitigating or remedying any adverse effects that result or may reasonably be expected to result from the deposit or discharge;
(l) respecting procedures to be used in respect of appeals under this Act;
(m) respecting the manner in which water from an open body of water may be drawn into a pesticide container or an apparatus used for the mixing or application of a pesticide, and the equipment required to be used for that purpose;
(n) respecting any other matter considered necessary or advisable for the effective carrying out of the purposes of this Act.