Moving pesticide licensing program from paper-based to electronic – regulatory amendments

ERO number
013-2055
Notice type
Regulation
Act
Pesticides Act, R.S.O. 1990
Posted by
Ministry of the Environment and Climate Change
Transferred to
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
January 15, 2018 - March 1, 2018 (45 days) Closed

This consultation was open from:
January 15, 2018
to March 1, 2018

Decision summary

We made changes to modernize the pesticides licensing program and this allows us to provide online service delivery. This will make the program more efficient and transparent and will ensure protection of human health and the environment.

Decision details

On November 14, 2017, the Cutting Unnecessary Red Tape Act, 2017, was passed. The act made changes to regulations under the Pesticides Act and Environmental Protection Act that will let us deliver pesticides licensing program services online.

Changes include:

  • amendments to the General Regulation (Ontario Regulation 63/09) and the Service of Documents Regulation (Ontario Regulation 228/07) under the Pesticides Act
  • two new regulations: a Minister’s Fees Regulation under the Pesticides Act and an Information Publishing Regulation under the Environmental Protection Act

These amendments enable licences to be applied for and issued online, if certain requirements are met. The amendments also allow us to publish certain information about pesticide licences online.

The amendments do not change the requirements or the current fee structure for pesticide licence applications.

Specific changes include:

General Regulation (Ontario Regulation 63/09) under the Pesticides Act

The amendments to this regulation:

  • require applicants to use the electronic system to apply for and renew a licence
  • set out application, renewal and expiry rules for licences

Service of Documents Regulation (Ontario Regulation 228/07) under the Pesticides Act

The amendments to this regulation:

  • allow us to issue pesticide licences digitally via the electronic system
  • require us to post the licence in the applicant’s online account and email the person telling them that a document has been posted

Fees Regulation under the Pesticides Act

The new fees regulation:

  • creates a transparent Minister’s fee regulation
  • aligns with more recent fees provisions
  • does not change existing fees

Information Publishing Regulation under the Environmental Protection Act

The information publishing regulation will increase the transparency of Ontario’s pesticide licensing program by requiring the Minister to make certain licence information publically available. 

This information includes the licence:

  • holder’s name
  • number
  • type
  • expiry date

Comments received

Through the registry

10

By email

2

By mail

0
View comments submitted through the registry

Effects of consultation

We considered all comments received during the comment period in response to the posting. The comments received were generally supportive of our proposed changes. 

Two comments questioned the type of licence information we were proposing to make publically available.

To determine this new process and the licence information to make publically available under the new Information Publishing Regulation, we:

  • consulted with government privacy experts
  • followed the privacy requirements set by the Freedom of Information and Protection of Privacy Act

We determined that the licence information to be made publically available does not violate the privacy of licence holders.

The remaining comments were fully supportive of the proposed amendments to streamline licensing.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Business Transformation Branch
Address

135 St Clair Avenue West
12th floor
Toronto ON M4V 1P5
Canada

Office phone number

Connect with us

Contact

Rainer Dinkelmann

Phone number
Office
Business Transformation Branch
Address

135 St Clair Avenue West
12th floor
Toronto ON M4V 1P5
Canada

Office phone number

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Original proposal

ERO number
013-2055
Notice type
Regulation
Act
Pesticides Act, R.S.O. 1990
Posted by
Ministry of the Environment and Climate Change
Proposal posted

Comment period

January 15, 2018 - March 1, 2018 (45 days)

Proposal details

Related Act(s)

  • Environmental Protection Act, R.S.O. 1990
  • Pesticides Act, R.S.O. 1990

Description of regulation

On November 14, 2017, legislative amendments to the Pesticides Act and Environmental Protection Act to enable online service delivery of the pesticides licensing program received Royal Assent as part of the government’s Cutting Unnecessary Red Tape Act, 2017.

In order to bring these changes into effect, amendments are required to O. Reg. 63/09: General, and O. Reg. 228/07: Service of Documents, both under Pesticides Act, R.S.O. 1990. Additionally, two new regulations are required: a Minister’s Fees Regulation under Pesticides Act, R.S.O. 1990 and an Information Publishing Regulation under Environmental Protection Act, R.S.O. 1990.

The proposed amendments enable licences to be applied for and issued online, if prescribed requirements are met. Additionally, the proposed amendments allow certain information about the pesticide licences to be available to the public. The proposed amendments do not change the requirements or the current fee structure for pesticide licence applications and include:

  • Amendments to O. Reg. 63/09 General under Pesticides Act, to require persons to use the Ministry’s electronic system to apply for pesticide licences, and to provide rules associated with application, renewal, and expiry of licences.
  • Amendments to O. Reg. 228/07: Service of Documents under Pesticides Act to allow the Director to give pesticides licences digitally via the Ministry’s electronic system.
  • A new Fees Regulation under Pesticides Act, is being proposed that will be more transparent than the recently repealed Minister’s requirement for fees. There are no changes being proposed to the current fee structure.
  • A new Information Publishing Regulation under Environmental Protection Act, to enable the ministry to make certain information about pesticide licences publically available.

O. Reg. 63/09: General under Pesticides Act, R.S.O. 1990
The amendments proposed to this regulation will require applicants to use the Ministry’s electronic system to apply for and renew a licence, and will set out application, renewal, and expiry rules for licences.

O. Reg. 228/07: Service of Documents under Pesticides Act, R.S.O. 1990
The amendments proposed to this regulation will allow the Director to give pesticide licences digitally via the Ministry's electronic system. The regulation would also provide that the Director post the licence in the person’s ministry account (which is created using the Ministry’s electronic system) and send an email to the person telling them that a document has been posted to their account.

Fees Regulation under Pesticides Act, R.S.O. 1990
The proposed fees regulation would create a transparent Minister’s fee regulation. This new regulation aligns with more recent ministry fees provisions. No changes to current fees are being proposed.

Information Publishing Regulation under the Environmental Protection Act, R.S.O. 1990
The proposed information publishing regulation intends to increase the transparency of Ontario’s pesticide licensing program by requiring the Minister to make certain licence information publically available. This information could include the name of the licence holder, the licence number, the licence type, and the expiry date of the licence.

Purpose of regulation

In order to bring the legislative changes to the Environmental Protection Act (EPA) and Pesticides Act (PA) as part of the Cutting Unnecessary Red Tape Act, 2017 into effect, the Ministry of the Environment and Climate Change needs to amend O. Reg. 63/09 and O. Reg. 228/07, create a new Fees Regulation and a new Information Publishing Regulation. These amendments are required to transition the pesticide licensing program from paper-based to electronic service delivery. These changes would also set out the rules regarding pesticide licences.

These proposed amendments and new regulations are related to the amendments that have been made to the EPA and the PA, and are anticipated to come into force on September 1st, 2018 to align with the launch of the online pesticide licence system.

Other information

More information on pesticide licences

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Business Transformation Branch
Address

135 St Clair Avenue West
12th floor
Toronto ON M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from January 15, 2018
to March 1, 2018

Connect with us

Contact

Rainer Dinkelmann

Phone number
Office
Business Transformation Branch
Address

135 St Clair Avenue West
12th floor
Toronto ON M4V 1P5
Canada

Office phone number