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This version is current as of December 17, 2014.
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C.C.S.M. c. P40

The Pesticides and Fertilizers Control Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"aerial spraying equipment" means

(a) an aircraft equipped for spraying pesticide or fertilizer, or

(b) prescribed equipment that is designed for spraying pesticide or fertilizer from an aircraft; (« matériel de pulvérisation aérienne »)

"commercial applicator" means a person other than a person exempted by the regulations who applies pesticides or fertilizers for a fee, charge or other valuable consideration; (« applicateur commercial »)

"commercial manure applicator" means a person who transports manure, or applies it to land, for a fee, charge or other valuable consideration; (« applicateur professionnel de déjections »)

"committee" means an Advisory Committee appointed pursuant to subsection 6(1); (« Comité »)

"controlled product" means a prescribed pesticide or fertilizer; (« produit contrôlé »)

"fertilizer" means any substance, or mixture or substances containing nitrogen, phosphorus, or potassium, or other plant food, manufactured, sold or represented for use as a plant nutrient; (« engrais chimique »)

"ground-based spraying equipment" means prescribed equipment that is designed for spraying pesticide or fertilizer from the ground; (« matériel de pulvérisation au sol »)

"listed entity" means a listed entity as defined in section 83.01 of the Criminal Code (Canada); (« entité inscrite »)

"manure" means feces and urine from livestock and includes associated bedding, unconsumed feed and wastewater; (« déjections »)

"manure management plan" means a manure management plan within the meaning of the regulations under The Environment Act; (« plan de gestion des déjections du bétail »)

"manure management planner" means a person who designs manure management plans for a fee, charge or other valuable consideration; (« planificateur de la gestion des déjections du bétail »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"off-farm manure applicator" means

(a) a person

(i) whose livestock production operation produces more than a prescribed amount of a prescribed kind of manure, and

(ii) who intends to apply any of the manure to land that he or she does not own or lease, without using a commercial manure applicator to apply it, and

(b) a group of persons

(i) whose livestock production operations combined produce more than a prescribed amount of a prescribed kind of manure, and

(ii) who, in partnership or some other combination, intend to apply any of the manure to land that they do not own or lease, without using a commercial manure applicator to apply it; (« applicateur non propriétaire et non locataire »)

"person" means an individual, corporation, cooperative and partnership; (« personne »)

"pesticide" means a product or device registered under the Pest Control Products Act (Canada) and represented as a means for preventing, destroying, mitigating, or controlling, directly or indirectly, any insect, fungus, bacterial organism, virus, weed, rodent or other plant or animal and is recommended for use by the Province of Manitoba; (« produit antiparasitaire »)

"prescribed" means prescribed by regulation.

S.M. 2000, c. 35, s. 67; S.M. 2002, c. 26, s. 24; S.M. 2002, c. 31, s. 2.

Distributor to obtain licence

2(1)        No person shall supply, sell, offer for sale or distribute or keep for sale or distribution, any pesticide or fertilizer unless he first obtains from the minister a licence for that purpose.

Commercial applicator to obtain licence

2(2)        No person shall act as a commercial applicator unless he first obtains a licence from the minister for the purpose.

Commercial manure applicator to obtain licence

2(2.1)      No person shall act as a commercial manure applicator unless he or she first obtains a licence from the minister for that purpose.

Off-farm manure applicator to obtain licence

2(2.2)      No off-farm manure applicator shall apply manure to land that he or she does not own or lease, or cause manure to be so applied, unless the person applying the manure holds an off-farm manure applicator's licence issued by the minister.

Application for licence

2(3)        An application for a licence under subsection (1), (2), (2.1) or (2.2) shall be made to the minister or such other person designated by the minister and acting under his authority, upon a form prescribed in the regulations, and shall be accompanied by the fee, if any, prescribed under this Act or the regulations; and upon receipt of an application the minister or the person designated by him may issue a licence to the applicant.

Insurance required

2(4)        The minister shall not issue a licence to a person to apply a pesticide or fertilizer, or to transport manure or apply it to land, unless the person produces evidence satisfactory to the minister that he or she has a valid and subsisting liability insurance policy in an amount acceptable to the minister.

Termination of licence on revocation of insurance

2(5)        Where for any reason the insurance policy of a person who has been issued a licence to apply a pesticide or fertilizer, or to transport manure or apply it to land, is revoked, cancelled or terminated prior to the expiration of the licence, the licence is automatically terminated.

Classes of licences

2(6)        The minister may issue various classes of licences under this Act as prescribed in the regulations.

S.M. 2002, c. 31, s. 3.

Manure management planners to be qualified

2.1         No person shall act as a manure management planner unless he or she has the qualifications prescribed by the regulations.

S.M. 2002, c. 31, s. 4.

Sale to unlicensed retailers

3           No person shall, directly or indirectly, supply, sell, offer for sale, or distribute, any pesticide or fertilizer to any other person who resells it or is likely to, resell it in the normal course of his business unless that other person is the holder of a licence under this Act.

No provision to listed entity

3.1(1)      No person shall, directly or indirectly, provide aerial or ground-based spraying equipment or a controlled product to a listed entity.

No provision to unidentified person

3.1(2)      No person shall provide aerial or ground-based spraying equipment or a controlled product to another person without first determining the identity of the other person.

No provision of controlled products

3.1(3)      No person shall, directly or indirectly, provide a controlled product to another person if he or she has reason to believe the other person will use it for a purpose other than as a plant nutrient or for the management of a pest.

No provision of spraying equipment

3.1(4)      No person shall, directly or indirectly, provide aerial or ground-based spraying equipment to another person if he or she has reason to believe the other person will use it for the unlawful application of a substance.

S.M. 2002, c. 26, s. 25.

Notice re sale or lease

3.2         A person who sells or leases prescribed aerial or ground-based spraying equipment must provide prescribed information to the minister in accordance with the regulations at least 10 days before transferring possession of the equipment.  But with the minister's written approval, the transfer may be made sooner.

S.M. 2002, c. 26, s. 25.

Report of missing inventory

3.3         A person who becomes aware that more than a prescribed amount of a controlled product that was in his or her control or possession is missing must report to the minister, or the person designated by him or her, in accordance with the regulations.

S.M. 2002, c. 26, s. 25.

Sharing information

3.4         The minister may enter into an agreement with the government of Canada, another province or territory in Canada, a foreign country, or a state, province or territory of a foreign country respecting

(a) the recognition of licences for the application of pesticides or fertilizers; and

(b) the sharing of information, including personal information, for the purposes of any law respecting the provision or use of pesticides or fertilizers, the use of pesticide or fertilizer spraying equipment, or the safety or security of persons.

S.M. 2002, c. 26, s. 25.

Inspectors

4(1)        For the purpose of carrying out the intent of this Act, the minister may appoint inspectors who may

(a) at any reasonable time and without warrant, enter any business premises, or any premises where the inspector has reasonable and probable grounds to believe that business records are kept, and examine and make copies of such of the following as the inspector reasonably requires to determine compliance with this Act or the regulations:

(i) books, records, registers or documents concerning the supply, sale, distribution or use of pesticides or fertilizers,

(ii) books, records, registers or documents concerning the supply, sale or transportation of manure, or its application to land;

(b) require the production of, examine, and make copies of any books, records, registers or documents referred to in clause (a);

(b.1) stop and inspect any vehicle or enter and inspect any place in which the inspector believes on reasonable grounds there is pesticide, fertilizer, manure or another thing in respect of which this Act applies;

(c) inspect and take samples of plants or plant products, livestock or livestock products, or any other material and to subject or cause to be subjected those samples to scientific or chemical analysis;

(d) investigate breaches under the Act or the regulations or both;

(e) perform or carry out such other acts as the minister or some other person designated by the minister and acting under his authority may, from time to time, require an inspector to perform.

Driver of vehicle must stop

4(1.1)      When an inspector signals or requests a person driving a vehicle to stop, the person shall immediately bring the vehicle to a stop and shall not proceed until permitted to do so by the inspector.

Warrant to enter a dwelling place

4(1.2)      An inspector may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant.

Authority to issue warrant

4(1.3)      A justice who is satisfied by information on oath that

(a) the conditions for entry described in this section exist in relation to a dwelling place;

(b) entry to the dwelling place is necessary for a purpose relating to the administration of this Act; and

(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused;

may at any time issue a warrant authorizing the inspector and any other person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant.

Warrant to enter and seize

4(2)        A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, quantity of pesticide, fertilizer or manure, or other thing which affords evidence of the offence;

may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, vehicle, or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Using data processing systems and copiers

4(2.1)      In carrying out an inspection under this section at any premises, an inspector may

(a) use a data processing system at the premises to examine any data contained in or available to the system;

(b) reproduce any record from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

(c) use any copying equipment at the place to make copies of any record or other document.

Removing records

4(2.2)      An inspector may remove any records or documents that he or she is entitled to examine or copy or otherwise reproduce but shall give a receipt to the person from whom they are taken and promptly return them on completion of the examination or copying.

Assisting inspector

4(2.3)      The owner or person in charge of premises referred to in clause (1)(a) and any person found in the premises

(a) must give the inspector all reasonable assistance to enable the inspector to carry out his or her functions under this Act; and

(b) must furnish the inspector with any information the inspector reasonably requires for the purposes of this Act.

Obstructing inspector

4(2.4)      No person shall obstruct, or make a false or misleading statement to, an inspector who is carrying out duties or functions under this Act.

Destruction of contaminated material

4(3)        Where any plant or plant product, livestock or livestock product, or any other material is subjected to scientific or chemical analysis in accordance with this section, and is found to be contaminated with pesticides, fertilizers or manure, or to contain a residue of any of them exceeding permissible standards established under provincial or federal law, the minister may cause the destruction of the material in such manner as is reasonably required under the circumstances.

Authorization of officers of Government of Canada

4(4)        The Lieutenant Governor in Council may authorize officers and inspectors of Agriculture Canada to be ex officio inspectors under this Act; and every person so authorized shall have all the powers and authority of an inspector appointed under this Act.

Lieutenant Governor in Council may ban pesticide or fertilizer

4(5)        Notwithstanding the provisions of subsection (3), the Lieutenant Governor in Council may, if he deems it necessary, ban or prohibit the use of any pesticide or fertilizer in Manitoba.

S.M. 2002, c. 26, s. 26; S.M. 2002, c. 31, s. 5.

Permits

5           In special circumstances, the minister may issue an unlicensed person a permit

(a) to apply pesticides or fertilizers for test purposes, or to provide services involving the use or application of pesticides or fertilizers; or

(b) to transport manure or apply it to land for test purposes, or to provide services involving the transportation of manure or its application to land.

S.M. 2002, c. 31, s. 6.

Advisory Committee

6(1)        The minister may appoint a committee consisting of not more than seven members to be known as the Pesticides and Fertilizers Advisory Committee.

Quorum

6(2)        A majority of the members of the committee constitute a quorum.

Chairman

6(3)        The minister may designate one member of the committee as chairman and one member as secretary.

Duties

6(4)        The committee shall carry out such duties as may be prescribed by regulations under this Act or as may be required by the minister.

Offences and penalties

7(1)        Every person who

(a) violates or fails to comply with any provision of this Act or the regulations; or

(b) wilfully obstructs, hinders, resists or in any way opposes an inspector in the enforcement of this Act or the regulations;

is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. and not more than $10,000., or to imprisonment for a term of not less than 60 days or more than six months or to both.

Additional penalty

7(2)        In addition to the penalties prescribed under subsection (1), the minister may deny, suspend or revoke the licence or permit of any person convicted of an offence under that subsection.

S.M. 2002, c. 26, s. 27.

Regulations

8           For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation and order made under and in accordance with the authority granted by this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) prescribing a licence fee, if any, to be paid by a person under this Act or the regulations;

(b) prescribing the qualifications and the manner of appointment of inspectors;

(c) requiring the production and examination of books, records, registers or other documents by an inspector;

(c.1) prescribing equipment or classes of equipment for the purpose of the definition "aerial spraying equipment" in section 1;

(c.1.1) prescribing equipment or classes of equipment, other than equipment used primarily in farming, for the purpose of the definition "ground-based spraying equipment" in section 1;

(c.2) prescribing pesticides and fertilizers as controlled products;

(c.3) prescribing information to be provided to the minister, and the manner of providing it;

(c.4) prescribing aerial and ground-based spraying equipment for the purpose of section 3.2;

(c.5) prescribing amounts of controlled product for the purpose of section 3.3;

(c.6) prescribing requirements for the secure storage of aerial and ground-based spraying equipment and the disabling of them when not in use;

(d) respecting the scientific or chemical analysis of any material;

(e) requiring the renewal of licences under this Act;

(f) prescribing the registers, records or books to be kept by a person under this Act;

(g) prescribing the information or data to be shown in the registers, records or books;

(h) prescribing declarations or affidavits and the contents thereof to be made under this Act;

(i) respecting the issuing of licences, the term of licences and the suspension or cancellation of licences, and providing for

(i) the form of application for licences, including the information to be contained in and documentation required to accompany applications, and

(ii) the qualifications that a person must have to obtain and maintain a licence;

(i.1) prescribing the qualifications that are required of manure management planners;

(i.2) prescribing amounts and kinds of manure for the purposes of the definition "off-farm manure applicator";

(j) exempting a product or substance or group or class of products or substances from the definition "pesticide", "fertilizer" or "manure";

(k) prescribing the manner in which pesticides or fertilizers may be stored;

(l) prescribing the manner in which pesticides or fertilizers are to be transported;

(m) prescribing the manner in which pesticides, fertilizers and their containers may be disposed of;

(n) establishing classes of licences

(i) for outlets for sale of pesticides or fertilizers classified by degree of hazard, inflammability, explosiveness, and other criteria,

(ii) for applying pesticides or fertilizers, and

(iii) for transporting manure or applying it to land;

(o) respecting the composition and duties of the committee;

(p) prescribing the manner in which pesticides or fertilizers may be used or applied and the safety precautions which must be observed;

(p.1) respecting the manner in which manure may be stored, transported, applied to land or disposed of and the safety precautions which must be observed;

(q) respecting insurance coverage to be carried by licensees and permittees under this Act;

(r) respecting the design, construction and operation of vaults and chambers used for fumigating.

S.M. 2002, c. 26, s. 28; S.M. 2002, c. 31, s. 7.

Crown bound

9           The Crown is bound by this Act.

 

 


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