P-9.3, r. 1 - Pesticides Management Code

Section 87.3 Disposition versions

2023-07-06

87.3. Every person who

(1)  fails to store a pesticide in accordance with the conditions of section 5 or 18,

(2)  fails to keep a tank or mobile tank closed outside of leading and unloading periods in accordance with section 9,

(3)  installs a tank elsewhere than in a containment works in contravention the first paragraph of section 10 or fails to protect it from vehicle impact in accordance with that section,

(4)  installs a tank in a containment works if the containment works cannot contain at least 110% of the capacity of the largest tank or largest mobile tank installed or placed at the containment works, in contravention of the second paragraph of section 10 or the second paragraph of section 11,

(5)  places a mobile tank elsewhere than in a containment works in contravention of the first paragraph of section 11,

(6)  fails to comply with a provision of this Code for the preparation, application, loading or unloading of a pesticide as provided for in section 12 or 19, the first or second paragraph of section 38, section 56, 62, 67 or 69, the second paragraph of section 70, or section 72.2, 77 or 78,

(7)  fails to remove a pesticide or rainwater that have accumulated in a containment works in accordance with section 13,

(8)  stores pesticides in a tank, mobile tank or tank car and fails to control the use of the loading and unloading pipes by means of a safety device that prevents their use outside loading and unloading periods in accordance with section 14,

(9)  does not have, on the premises where pesticides are stored, adequate equipment and material capable of stopping any leak or release of pesticides and, if required, of cleaning the premises in accordance with the first paragraph of section 20,

(10)  fails to post or install a sign or fails to post a sign at premises in accordance with the first paragraph of section 21, section 43, the second or third paragraph of section 46, the first or fourth paragraph of section 57, the first or second paragraph of section 71, section 74 or 74.6 or section 81, or to maintain a sign in place for the period mentioned in those provisions,

(11)  places a pesticide in such manner that the customers can help themselves, in contravention of section 27,

(12)  uses equipment to apply, load or unload pesticides that does not meet the conditions of section 39,

(13)  fails to comply with the conditions for carrying out a fumigation in the second paragraph of section 46,

(14)  removes a sign or gives access to treated premises in contravention of section 48,

(15)  fails, after applying a pesticide, to notify the occupants concerned by the application of a pesticide in a building in accordance with the first paragraph of section 48.4 or to provide in the notice the information prescribed by the second paragraph of that section,

(16)  fails to place birdseed treated with an avicide in a feeder equipped with a device preventing the wind from carrying the seed away, as prescribed by the first paragraph of section 53,

commits an offence and is liable, in the case of a natural person, to a fine of $4,000 to $250,000 or, in other cases, to a fine of $12,000 to $1,500,000.

O.C. 990-2023, s. 39.