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The Pesticides and Fertilizers Control Act
This is an unofficial archived version of The Pesticides and Fertilizers Control Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, 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,

"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")

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

"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")

"minister" means the Minister of Agriculture; ("ministre")

"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")

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.

Application for licence.

2(3)

An application for a licence under subsections (1) and (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 unless the person produces evidence satisfactory to the minister that he has a valid and subsisting liability insurance policy in an amount acceptable to the minister.

Termination of licence or 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 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.

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.

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 books, records, registers or documents concerning the supply, sale, distribution or use of pesticides or fertilizers as the inspector reasonably requires to determine compliance with this Act or the regulations;

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

(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.

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 or fertilizer, 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.

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 or fertilizers or to contain a residue of pesticides or fertilizers 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.

Permits.

5

The minister may, under special circumstances, provide an unlicensed person or an uncertified individual with a permit to provide services involving the use or application of pesticides or fertilizers or issue a permit to that person for the application of pesticides or fertilizers for test purposes.

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 $1,000., 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.

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;

(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 and the form of application for licences issued under the Act;

(i) prescribing the qualifications of an applicant for a licence under this Act;

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

(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, and

(ii) for applying pesticides or fertilizers;

(o) prescribing the 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;

(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.

Crown bound.

9

The Crown is bound by this Act.