Update to the Permit Applicant Guide for Pesticide Use to Control Larvae of Mosquitoes and/or other Biting Flies

Description of policy

The management of pesticides in Ontario is a joint responsibility of the federal and provincial governments. The federal government, through Health Canada’s Pest Management Regulatory Agency (PMRA,) is responsible for assessing a pesticides health and environmental risks, its merit and value and registering the product under the Pest Control Products Act (Canada) or the Fertilizers Act (Canada).

In Ontario, the Ministry of the Environment (the ministry) regulates the sale, use, transportation, display, storage and disposal of federally registered pesticides under the Pesticides Act and Ontario Regulation 63/09. There are 11 classes of pesticides under Ontario Regulation 63/09. The class determines the restrictions and requirements (e.g. licence and/or permit) for the sale, use, storage, transportation, display and disposal of the pesticide.

Under the Pesticides Act, a “water extermination” means the destruction, prevention or control in, on or over surface water of a pest by the use of a pesticide. Sections 5 and 7 of the Pesticides Act and sections 82 to 85 of Ontario Regulation 63/09 prescribe the licence and permit requirements for water exterminations.

Section 7(2) of the Pesticides Act requires that, unless exempt under the regulations, a person must obtain a permit issued by the Director under the Act that authorizes that person to apply a pesticide to a water body to control a pest (a “water extermination”).

The Ministry’s licensing and permitting system ensures that:

• only properly trained people apply pesticides
• the proper pesticide is selected
• a proper amount of pesticide is used
• the pesticide is applied at the proper time
• appropriate areas are treated
• environmentally sensitive areas are protected
• public notification methods are in place
• pre and post treatment monitoring is conducted
• any site-specific conditions are established

In the 1990s, the ministry developed pesticide permit applicant guides for each respective extermination type (i.e. water, land, and structural) to assist proponents applying for a pesticide permit. The guides provide information on the regulatory requirements to obtain a permit, best management practices for pesticide use and outline the support documentation that must accompany a permit application.

In 2009, Ontario Regulation 63/09 under the Pesticides Act came into effect and establishes the conditions and requirements necessary to implement the Cosmetic Pesticides Ban.

As a result of Ontario Regulation 63/09 coming into effect, the ministry is updating its pesticide permit applicant guides. The first guide to be updated is the Permit Guide for Pesticide Use to Control Larvae of Mosquito and/or other Biting Flies in water. This guide was last updated in 2004.

The update to the Permit Guide for Pesticide Use to Control Larvae of Mosquito and/or other Biting Flies is primarily administrative and the intent is to include references to the new regulation, to provide information to proponents on the regulatory requirements to obtain a permit for a water extermination, and outline the support documentation that must accompany a water extermination permit application.

The Director under the Pesticides Act reviews the information that is provided in support of an application for a permit in determining whether or not to issue the permit and what terms and conditions are required to be included in an approved permit.

The ministry typically issues less than ten (10) permits annually for Pesticide Use to Control Larvae of Mosquito and/or other Biting Flies in water. The permit applicants are specialized and usually include licensed exterminators, municipalities and commercial or institutional organizations. Updating the permit applicant guides will help provide better services for these applicants and will help ensure protection of human health and the natural environment.

The ministry will ensure that appropriate environmental monitoring continues to be undertaken to ensure that a permit holder complies with the requirements of the Pesticides Act and Ontario Regulation 63/09 and the terms and conditions of the permit to protect Ontario’s water resources and human health now and in the future.

The proposed revisions do not affect the ministry’s West Nile Virus pesticide permit program as separate, stand alone pesticide permit guides remain in place for West Nile Virus control programs. The West Nile Virus permit guides are available on the ministry’s website (see link under Additional Information).

Purpose of policy

In the 1990s, the ministry developed a pesticide Permit Guide for Pesticide Use to Control Larvae of Mosquito and/or other Biting Flies (the Permit Guide) in water to assist permit proponents applying for a pesticide permit. The Permit Guide was last updated in 2004. The Permit Guide provides information on the regulatory requirements to obtain a permit, best management practices for pesticide use to control larvae of mosquito and/or other biting flies in water and outlines the support documentation that must accompany a permit application.

In 2009, Ontario Regulation 63/09 under the Pesticides Act came into effect and establishes the conditions and requirements necessary to implement the Cosmetic Pesticides Ban. As a result of Ontario Regulation 63/09 coming into effect, the ministry is updating the Permit Guide.

The update to the Permit Guide is primarily administrative and the intent is to include correct references to the new regulation, to provide information to a permit proponent on the regulatory requirements to obtain a permit and outline the support documentation that must accompany a permit application.

The Permit Guide also further clarifies the information regarding landowner notification and authorization that an applicant (e.g. the municipality) must provide to the ministry in support of an application for a permit for Pesticide Use to Control Larvae of Mosquito and/or other Biting Flies in water. The applicant must provide reasonable notification to affected or potentially affected landowners regarding the proposed use of a pesticide in water. Specific information on the proposed use of pesticide must be provided to the property owner, including details regarding how they can request exclusion of their property from the proposed treatment area. The process provides a property owner with reasonable notice of a matter that has the potential to affect their property and the opportunity to respond by requesting exclusion from the proposed pesticide treatment.

The Director under the Pesticides Act reviews the information that is provided in support of an application for a permit for Pesticide Use to Control Larvae of Mosquito and/or other Biting Flies in water, which includes a statement of how the permit applicant will appropriately respond to the concerns of potentially affected property owners and property owners who have requested exclusion from the proposed pesticide treatment, in determining whether or not to issue the permit. If the permit is issued it will include the necessary terms and conditions required to ensure human health and the environment are protected.

The Permit Guide for Pesticide Use to Control Larvae of Mosquito and/or other Biting Flies is being posted for public comment.