 |
 
|
|
|
|
 |
 |
 |
|
|
|
|
Overview of permit and certificate Regulation
Updating : August 2011 IntroductionIn order to set detailed procedures for applying the Pesticides Act, 3 regulations came into force in 1988: the Regulation respecting pesticides, the Regulation respecting the application of pesticides on farms and the Regulation respecting the application of pesticides in forests. In 1997, the government adopted the Regulation respecting permits and certificates for the sale and use of pesticides, which came into force on April 23, 1997. That regulation replaced the first 3. The Regulation respecting permits and certificates for the sale and use of pesticides:
On March 5, 2003, amendments were made to the Regulation; the amendments updated the classification of pesticides and the requirements related to permits and certification in order to take into account the provisions of the Pesticides Management Code. The amendments came into force on April 3, 2003.
The classification of pesticidesPesticides are divided into five classes according to their level of risk for the environment and for human health. The table below briefly compares the federal and Québec classifications of pesticides.
Class 1Class 1 includes all pesticides composed of a mixture which includes one or more of the following active ingredients: aldrin, aldicarb, chlordane, dieldrin, endrin, heptachlor as well as all pesticides whose registration is not required under the Pest Control Products Act (used for experimental purposes). Class 2Class 2 covers all pesticides considered to be for restricted use by the federal Pest Control Products Act, except those designated as Class 1 and certain Bacillus thuringiensis Berliner var. kurstaki (B.t.k.) formulations. The main part of the label on a Class 2 pesticide container bears an indication to the effect that the product is for restricted use. Class 3Most pesticides considered to be for commercial, agricultural or industrial use by the Pest Control Products Act are grouped in Class 3. This class also includes pesticides composed of B.t.k. intended for restricted use in a forest or on a wooded lot, as well as mixtures composed of fertilizers and pesticides of Class 3 prepared by individual users. Class 4Class 4 comprises all pesticides considered to be for domestic use by the Pest Control Products Act, generally presented in the form of concentrates and not included in Class 5. This class also includes all mixtures of fertilizers and pesticides for lawns, except those included in Class 3. Class 5 (Class 5 pesticides)Class 5 covers any pesticide for domestic use sold in the form of a ready-to-use preparation, with a volume or weight equal to or less than one litre or one kilogram and intended solely for one or more of the following purposes:
Class 5 also covers any pesticide for domestic use sold in the form of a ready-to-use preparation, with a volume or weight equal to or less than one litre or one kilogram, and it is composed of a mixture that contains one or more of the following active ingredients exclusively;d-trans-allethrin, tetramethrin, resmethrin, pyrethrin, piperonyl butoxide, methoprene, n-octyl bicycloheptene dicarboximide, di-n-propyle isocinchomeronate, n-octyl hydroxyethyl-2-sulphide, D-cis trans allethrin, permethrin, diatomaceous earth, soap, D-phenothrin, boric acid, disodium octaborate tetrahydrate, sulfur, calcium sulphide or calcium polysulphide, ferric phosphate, spinosad, acetamipride or borax. Class 5 also includes any pesticide for domestic use made of a mixture containing exclusively one or more of the following active ingredients: Bacillus thuringiensis kurstaki (B.t.k.), diatomaceous earth or soap, regardless of container size and product formulation (concentrated or ready-to-use).
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Shampoo, anti-flea collars and tags for dogs and cats, insecticide ear tags for cattle and insecticide sprays for animals are a few examples of anti-pest products that are considered to be topical medication. |
The system of permits and certificates is designed to make sure that the sellers
and users of pesticides of classes which present the highest risk meet the
qualification requirements.
The permit and certificate program applies :
A firm that sells or uses the classes of pesticides designated in the Regulation must have a permit. A permit indicates the type of activity the firm is involved in and the classes of pesticides it is authorized to use or sell. The Pesticides Act specifies who is required to obtain a permit to carry on the activities to which it applies.
«A permit issued by the Minister for the classes of pesticides designated by Regulation is required of: »
|
|
|
|
|
|
A permit is required not only when selling pesticides but also when offering such products. It is also mandatory when performing or offering to perform the application of pesticides.
|
Example of situations where a permit is required A firm established outside Québec that sends a sales representative to crisscross the province to meet potential clients is required to obtain a permit. If the client accepts the representative's offer at the time of his visit, the terms and conditions agreed to are binding on the firm and there is offer to sell and sale in Québec. If the client, undecided, finally accepts the deal several days later by contacting the representative by phone, fax or e-mail, or any other means, there is still offer to sell and sale. Although telemarketing campaigns carried out with a view to offering lawn care services often occur in February or March when in reality the pesticides will be used in May or June, a C4 permit is still required. Moreover, when an agent pays a visit to potential clients to propose contracts whose terms and conditions are settled and complete, there is also offer. A permit is also required of a firm who tenders for a contract involving the use of pesticides, whether or not the firm obtains the contract in the end. A golf course or municipality that has commercial pesticides applied by its employees to its lands must have a permit (subclass D4). The employee of a school board can apply class 3 pesticides in the school when the school board has a permit (subclass D5). |
Those professional activities requiring a permit are indicated in Table 1; they are linked to classes and subclasses of permits. A firm which carries out a professional activity listed in Table 1 must have a permit if it sells or uses the classes of pesticides determined for each of the classes or subclasses. The activities which may be carried out for each class and subclass are described in the Regulation respecting permits and certificates.
A permit is valid for a three-year period. Its cost varies depending on the applicable class or subclass and is adjusted on January 1 of each year according to the rate of increase in the general Consumer Price Index for Canada. The cost applies to each place of business where the activity is carried out. An amount of 5 $ is payable to obtain a duplicate copy. A firm which carries out more than one activity, or class, must obtain a permit for each activity. The cost of the permit remains the same even if you ask for more than one subclass within a single class (C or D).
|
If your firm engages in both the retail sales of Class 4 pesticides (Class B, subclass B2) and the application for remuneration of pesticides for extermination (Class C, subclass C5), you must obtain two permits at a total cost of $817. If you have two places of business and you carry out both activities in both locations, the amount payable is double. |
Firms which use pesticides and which have no place of business within Québec must obtain a temporary permit, valid for a one-year period. The applicant of a temporary Class C permit must provide a 50,000 $ guarantee in the form prescribed by the Regulation.
Allowing only the activities authorized under the permit issued to be carried out by certified employees or employees working under the direct supervision of a certified employee.
For holders of a sales permit, make sure the buyer has the document(s) required by law to sell or use the pesticides he wishes to purchase (see Table 2).
Keeping a record of the purchases, sales and uses of pesticides.
For holders of an A, B or C permit, the permit itself or a duplicate copy must be posted conspicuously in each of their establishments or places of business, or the holder must have it in his or her possession if the permit is a temporary one.
Inform the regional office of the Ministère du Développement durable, de l’Environnement et des Parcs of any change that could render the information in your file inaccurate or incomplete for the obtaining or renewal of your permit. A winding up of activities, a change of address or a merger with another firm are examples of such changes.
ImportantThe holder of a sales permit or his or her employee must ensure that the customer with whom he or she is dealing has the permit or the certificate, as required by the Regulation respecting permits and certificates for the sale and use of pesticides. Thus, the retailer has a responsibility to proceed to the verifications he deems necessary in order to comply with the regulation. |
A forest manager who has less than 10 employees in his forest management operation, apart from any director, executive officer, manager or foreman, is exempted from the obligation of obtaining a permit (subclass D7) for non-remunerated work.
A farmer is also exempt from havinging a permit if he is carrying out work, not as a business, for agricultural.
A self-employed person who is hired to perform work on one or several farms or forest operations is not required to have a permit.
|
Definition of farmer and forest manager Farmer means any person who is engaged in the cultivation of the soil, the growing of crops or the raising of livestock. Forest manager means any person who is engaged in a forest management activity or who uses the soil for forest management purposes. |
A certificate of competency is required of sellers and users of
pesticides who work in the activity sectors for which permits are required.
Farmers and forest managers who carry out work that requires the use of certain
pesticides must also have a certificate of competency.
The activities of selling or using pesticides must be carried out by employees
holding a certificate of competency or working under the supervision of a
certified employee who is present on the work premises.
The holder of a certificate must have the certificate in his or her possession when he or she sells or uses the pesticides. That person must also inform the regional office of the Ministère du Développement durable, de l’Environnement et des Parcs in his or her sector of any change of address.
The professional activities for which a certificate of competency is required are listed in Table 3. Those persons who sell or use the classes of pesticides designated for each of the classes or subclasses must have a certificate of competency issued by the ministère du Développement durable, de l’Environnement et des Parcs (MDDEP).
|
If you apply pesticides for non-remunerated work in buildings used for horticultural purposes, for instance in a municipal greenhouse or an office building, and to do so you use pesticides of classes 1 to 3, you must obtain a Subclass CD10 certificate. |
A certificate of competency may be obtained from the ministère du Développement durable, de l’Environnement et des Parcs (MDDEP) when the person applying for it passes the examination prescribed or recognized by the Minister in accordance with the Pesticides Act. To have a better chance of passing the examinations, training on the efficient and safe use of pesticides is offered by the Société de formation à distance des commissions scolaires du Québec (SOFAD) or in the school network. You may take these courses to acquire the skills needed to pass the examination and required to carry out an activity specified by the Regulation. The passing of several examinations may be required if the applicant performs several professional activities. Other examinations available at the secondary, collegial and university level can also be recognized to obtain certification in certain classes or sub-classes if the examinations were held as part of the curriculum. Check with your regional office of the MDDEP.
A certificate is valid for a five-year period, and only one
certificate is required, regardless of the classes or subclasses applied for. As
of January 1, 2012, the
cost of a
certificate is 170 $ and is adjusted on January 1 of each year according to the
rate of increase in the general Consumer Price Index for Canada. An amount of 5
$ is required to obtain a duplicate copy.
Notion of supervision
Persons where pesticides are being sold or applied who are acting under the supervision of a certificate holder are not required to have a certificate. Persons who are supervising may only carry out those activities authorized by the certificate.
The supervision carried out by a certificate holder must allow him to intervene at any time with respect to the non-certified person using or selling pesticides if the certificate holder considers that there is a risk to the environment or health. The non-certified person must also be able to depend on the person supervising him.
All holders of permits, with the exception of the retailers of Class B2 pesticides for domestic use, must keep a record of their purchases, sales or uses of pesticides, in the form of registers. The holders of permits who keep such registers may, however, be required to prepare a statement of the sales or uses of pesticides, at the request of the ministère du Développement durable, de l’Environnement et des Parcs (MDDEP). In such a case, the department will stipulate, beforehand, the nature of the information that should be contained in the statement. Only wholesalers have the obligation to forward a statement detailing their sales, based on their registers, on a yearly basis.
A register comprises one or more documents that allow you to record consult and keep on hand the information prescribed in Division VI of the Regulation respecting permits and certificates for the sale and use of pesticides. These documents may very well be those which are generally used for the administrative management of the activities of your firm, insofar as the information required may be consulted. Invoices, accounting books, a customer list or a combination of such documents might be acceptable.
The example below shows how an invoice may be changed so it contains, in the same document, all the information required to constitute both a sales register for the supplier and a purchasing register for the customer.
ABC INC12, rue des Pesticides
Account payable within 30 days of billing |
||||||||||||||||||||||||||||||||||||||||||||
The information recorded in the document(s) which make up your register must be kept for a period of five years and be submitted on request, during an inspection by du ministère du Développement durable, de l’Environnement et des Parcs (MDDEP). The same information will help you present a statement of sales or uses, which could include the type, the origin, the destination, and the quantity of pesticides received, sold or used. Your obligations are summarily listed in Table 4, and described in the following pages, according to the class and subclass of the professional activity indicated on your permit. Depending on the type of permit you have, the following is the information that should be recorded in the various registers and statements of purchase, sale and use of pesticides.
Identification of your firm
Name, address and permit number for Class A - Wholesale.
Identification of supplier
Name, address and permit number for Class A - Wholesale. The supplier may
not have a Québec permit. In that case, simply note the name and address.
Details of the transaction
Date of the transaction, trade name, class, federal registration number, and quantity of each pesticide purchased.
Identification of your firm
Name, address and permit number for Class A - Wholesale.
Identification of customer
Name, address and permit number for Class A - Wholesale or Class B - Retail.
A purchaser from outside Québec may not have a permit. The purchaser of a Class
5 pesticide or a topic medication for external use only on animals need not have
a Class B - Retail permit. In that case, simply note the name and address.
Details of the transaction
Date of the transaction, trade name, class, federal registration number and quantity of each pesticide sold.
Deadline: no later than January 31 of each year, the transaction must be forwarded to the regional branch which issued your permit.
Period covered: report the sales made during the preceding year (January 1st to December 31st).
Identification of your firm
Name, address, telephone number, name of the person responsible for
preparing the statement and Class A - Wholesale permit number.
Name and address of each place of business for which the statement is presented.
Contents of statement
Total quantity sold in kilograms or in litres, the federal registration number, trade name and class of pesticide for each pesticide that you manufacture which you are a registrant or you purchase from a supplier who does not have a Class A - Wholesale permit. The Pesticides Act requires that firms which sell pesticides for resale purposes obtain a Class A - Wholesale Permit. As wholesalers, you may therefore deal among yourselves. The statement must be made in such a manner as to avoid recording the same amount of pesticides twice. Sales must be declared regarding the pesticides that you are the first to introduce onto the Québec market; that is, either you manufacture them or you purchase them directly from a manufacturer, an importer or a distributor located outside Québec. The sales of pesticides for which you are a registrant must also be declared. The pesticides you purchase from a Québec permit holder will be declared by the latter in his or her statement of statements.
Form
To produce your statement, use the form
Statement of wholesale sales (
PDF format, 128 Ko) or any other document containing the information requested.
Identification of your firm
Name, address and permit number of Class B1 - Retail.
Identification of supplier
Name, address and permit number of Class A - Wholesale.
The supplier may not have a Québec permit. In that case, simply note the name
and address.
Details of the transaction
Date of the transaction, trade name, class, federal registration number, and
the quantity of each pesticide purchased.
Identification of your firm
Name, address and permit number of Class B1 - Retail.
Identification of customer
Name, address and the following information according to the buyer:
permit number for Class C - Remunerated Work
permit number for Class D - Non-remunerated Work
Certificate number for Class E – Farmer
Certificate number for Class F - Forest manager
If the pesticide belongs to Class 3
Name, address and number of the farm operator card (authorized sale until April 3, 2007), or the number of the forest management card (authorized sale until April 3, 2005),If the pesticide belongs to Class 1
File number of the customer's certificate of authorization issued under section 22 of the Environment Quality Act.The purchaser from outside Québec may not have a permit or certificate. In that case, simply note the name and address.
Pesticides may be sold only to some certificate and permit holders. Please refer to Table 2 – Obligations of sales permit holders”
Details of the transaction
Date of the transaction, trade name, class, federal registration number, and
the quantity of each pesticide sold.
There is no recurring obligation under the Regulation.
Identification of your firm
Name, address and permit number for Class C - Remunerated work.
Identification of supplier
Name, address and permit number for Class B1 - Retail.
The supplier may not have a Québec permit. In that case, simply note the name and address.
Details of the transaction
Date of the transaction, trade name, class, federal registration number, and
the quantity of each pesticide purchased.
If the pesticide purchased belongs to class 1
Record the file number of the certificate of authorization issued to the user under section 22 of the Environment Quality Act.
Identification of your firm
Name, address and permit number for Class C - Remunerated work.
Details of uses
Date when the work was carried out.
Customer's name and address (may be different from the work site).
Work site: address or precise location where the pesticide was applied. Pay special attention to the official name of the municipality.
Object of the treatment: nature and surface area, volume or quantity treated (e.g., a lawn measuring 515 m2, an energy transportation corridor covering 67.3 ha).
Reasons justifying the treatment: Name the species targeted by the treatment (e.g., German cockroach, dandelion, meal borer).
Trade name, class, federal registration number, and the quantity of each pesticide used.
Name of certificate holder who performed the work or who supervised the operation on the premises, along with his or her certificate number. The certificate holder must sign the register.
When you prepare a mixture of fertilizers and pesticides belonging to class 3, you must indicate how these are used in your records.
Additional details for holders of Class C1 permits - Remunerated work, Aerial application.
If your firm has been granted a Class C1 permit, your records must also contain the following information :
wind direction
name of the pilot, type and registration number of each aircraft used the card indicating the space that was treated, as well as the take-off site used by the aircraft.
Additional information required for holders of Class C6 permits - Remunerated work, Application by fumigation
If your firm has been granted a class C6 permit, your records must also contain the following information: for each measurement of the quantity of gas used during the ventilation period and location that has been fumigated, the date, time and concentration of fumigated gas observed at that time.
There is no recurring obligation under the Regulation.
Identification of your firm
Name, address and Class D permit number - Non-remunerated work.
Identification of supplier
Name, address and Class B1 permit number - Retail.
The supplier may not have a Québec permit. In that case, simply note the name and address.
Details of the transaction
Date of the transaction, trade name, class, federal registration number, and
the quantity of each pesticide purchased.
If the pesticide purchased belongs to class 1
Record the file number of the certificate of authorization issued to the user under section 22 of the Environment Quality Act.
Identification of your firm
Name, address and Class D permit number - Non-remunerated work.
Details of uses
Date when the work was carried out.
Work site: address or precise location where the pesticide was applied. Pay special attention to the official name of the municipality.
Object of the treatment: nature and surface area, volume or quantity treated (e.g., a lawn measuring 515 m2, an energy transportation corridor covering 67.3 ha).
Reasons justifying the treatment: Name the species targeted by the treatment (e.g., spruce budworm, German cockroach, dandelion).
Trade name, class, federal registration number, and the quantity of each pesticide used.
Name of certificate holder who performed the work or who supervised the operation on the premises, along with his or her certificate number. The certificate holder must also sign the register.
When you prepare a mixture of fertilizers and pesticides belonging to class 3, you must indicate the uses in your register.
Additional details for holders of Class D1 permits - Non-remunerated work, Aerial application
If your firm has been granted a Class D1 permit, your records must also contain the following information :
wind direction;
name of the pilot, type and registration number of each aircraft used;
the card indicating the space that was treated, as well as the take-off site used by the aircraft.
Additional information required for holders of Class D6 permits - Non-remunerated work, Application by fumigation.
If your firm has been granted a class D.6 permit, your records must also contain the following information: for each measurement of the quantity of gas used during the ventilation period and location that has been fumigated, the date, time and concentration of fumigated gas observed at that time.
There is no recurring obligation under the Regulation.
|
There is no annual obligation under the Regulation for class B, C or D permit
holders. However, the department may require the production of a statement based
on the information contained in your records. You may be asked to submit a
summary report indicating the type, origin, destination, and the quantity of
pesticides received or sold. In that case, the department will indicate to you
beforehand the type of information requested.
As an example: At the end of 2011, the Ministry notifies all holders of B1 permits that
they must submit a register of the total amount of sales made to farmers between
January 1, 2012 and December 31, 2012. |
The information contained in this brochure does not replace the legal texts of the Pesticides Act and the Regulation respecting permits and certificates for the sale and use of pesticides. Copies can be purchased at the branch outlets of the Publications du Québec.
To apply for or renew a permit or certificate, or to obtain information on the training programs leading to certification, contact your regional office.
To obtain information on the sale of medication, contact either body:
Ordre des pharmaciens du Québec
266, rue Notre-Dame Ouest, bureau 301
Montréal (Québec)
H2Y 1T6
Tel.: 1 800 363-0324 (toll free) or 514 248-9588
Ordre professionnel des médecins vétérinaires du Québec
795, avenue du Palais, bureau 200
St-Hyacinthe (Québec)
J2S 5C6
Tel.: 1 800 267-1427 (toll free)
