Submitted are the following…

Submitted are the following comments to the posting by the Ministry of the Environment, Conservation and Parks regarding its proposed amendments to O. Reg. 63/09:

Currently, Section 74(4)(b) of O. Reg. 63/09 exempts Class 4, 5, 6, and 7 pesticides from requiring signs to be posted when the pesticides are injected into trees, stumps or wooden poles. Under the proposed changes to the Ontario Pesticide Classes, some of the pesticides previously covered by this exemption would be classified as Class B (Restricted), some as Class C (Commercial), and some as Class D (Domestic). However, in the proposed Amendments to O. Reg. 63/09, the exemption to posting signs when pesticides are injected into trees, stumps, and wooden poles is limited to Class D pesticides. This inconsistency needs to be addressed by, ideally, including in the exemption all Class C pesticides that are injected into trees, but at a minimum, including in the exemption listed Class C pesticides that are injected into trees. Appreciating that one of the aims of the amendments to the Regulation is to align it with comparable regulations in other provinces, note that other provinces, such as Quebec, exempt pesticide injections into ornamental plants from requiring that signs be posted (Quebec Pesticides Management Code Section 71).

In Section 25 of the proposed O. Reg. 63/09, unlisted Class D pesticides that are injected into trees are exempt from requiring a written opinion for use and from providing written notice to properties abutting the application area. On the other hand, unlisted Class C pesticides that are injected into trees are not exempt from the aforementioned requirements. The differences in requirements for Class C and Class D pesticides in the proposed O. Reg. 63/09 are similar to what is prescribed for comparable classes in the current O. Reg. 63/09. However, it is unreasonable that unlisted Class C pesticides that are injected into trees are not afforded the same exemptions from written opinions and notifications as unlisted Class D pesticides that are injected into trees.