O. Reg. 118/01: GENERAL

 

ONTARIO regulation 118/01

made under the

pesticides act

Made:  April 18, 2001
Filed:  April 23, 2001
Printed in The Ontario Gazette: May 12, 2001

Amending Reg. 914 of R.R.O. 1990

(General)

1. Section 21 of Regulation 914 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

21. (1) In this section,

“registrant”, with respect to a pesticide, means the person who registers the pesticide under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), and includes the Canadian agent for the registrant of the pesticide under the Pest Control Products Act (Canada).

(2) The Committee shall accept and consider an application from a registrant for the classification of a pesticide.

(3) Subject to subsection (4), the Committee shall recommend to the Director that he or she classify a pesticide as a Schedule 1, 2, 3, 4, 5 or 6 pesticide, if it considers it appropriate to do so having regard to the Act and the scheme of this Regulation.

(4) The Committee may recommend to the Director that he or she refuse to classify a pesticide if the Committee is of the opinion that,

(a) it does not have sufficient information to recommend that the pesticide be classified;

(b) proper use of the pesticide, as described on its label and in accordance with the Act and this Regulation, is likely to have one or more of the effects mentioned in clauses 49 (3) (a), (b), (c), (d), (e) and (f) of the Act, to an extent that is excessive, unreasonable or unnecessary; or

(c) it is not in the public interest to classify the pesticide.

(5) The Committee may recommend to the Director that he or she reclassify a pesticide if it considers it appropriate to do so having regard to the Act and the scheme of this Regulation and if,

(a) the registrant requests the reclassification;

(b) the registrant consents to the reclassification; or

(c) the Committee has notified the registrant that it intends to do so and has considered any submissions made by the registrant.

(6) The Committee may recommend to the Director that he or she declassify a pesticide if,

(a) the registrant requests the declassification and the Committee considers it appropriate to do so having regard to the Act and the scheme of this Regulation;

(b) the registrant consents to the declassification and the Committee considers it appropriate to do so having regard to the Act and the scheme of this Regulation;

(c) the pesticide is no longer registered under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada);

(d) the Committee has notified the registrant of newly available scientific or other information suggesting that proper use of the pesticide, as described on its label and in accordance with the Act and this Regulation, is likely to have one or more of the effects mentioned in clauses 49 (3) (a), (b), (c), (d), (e) and (f) of the Act, to an extent that is excessive, unreasonable or unnecessary and the Committee has considered any submissions made by the registrant with respect to that information; or

(e) the Committee has notified the registrant of newly available scientific or other information suggesting that it is no longer in the public interest that the pesticide be classified and the Committee has considered any submissions made by the registrant with respect to that information.

(7) The Director may ask the Committee to consider whether a pesticide should be reclassified under subsection (5) or declassified under subsection (6) and, if the Director does so, the Committee shall comply.

(8) The Director shall make a decision with respect to the subject matter of each recommendation of the Committee under subsections (3), (4), (5) and (6) and shall make the decision that he or she considers appropriate, having regard to the matters the Committee is required to consider under the applicable subsection and the Committee’s recommendation.

(9) The Committee shall maintain a written record called the “Compendium of Scheduled Pesticides” that sets out, for every scheduled pesticide,

(a) the name of the pesticide;

(b) the pesticide’s registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada);

(c) the name and address of the registrant, including, if the pesticide is registered under the Pest Control Products Act (Canada), the name and address of the Canadian agent; and

(d) the schedule to which the pesticide has been classified.

(10) If the name or other identifying information of a pesticide in the Compendium of Scheduled Pesticides does not correspond to the name or other identifying information of the pesticide for the same registration number under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada), as the case may be, the pesticide shall be deemed to be the pesticide named under that Act for the registration number that appears in the Compendium of Scheduled Pesticides.

(11) The Committee shall maintain written records of all amendments to the Compendium of Scheduled Pesticides.

(12) The Committee shall make the Compendium of Scheduled Pesticides and the records of amendments to it available for inspection by the public at the office of the Committee during ordinary business hours, and on the Internet, through the web site of the Ministry of the Environment at www.ene.gov.on.ca, or, alternatively at www.opac.gov.on.ca.

(13) The Committee shall make available for distribution to the public, on request, printed copies of the Compendium of Scheduled Pesticides and the records of amendments to it.

2. This Regulation comes into force on May 1, 2001.