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"Point in Time" Regulation Content

Integrated Pest Management Act

Integrated Pest Management Regulation

B.C. Reg. 604/2004

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 July 1, 2016
Section 2 July 1, 2016
Section 3 July 1, 2016
Section 5 July 1, 2016
Section 6 July 1, 2016
Section 6.1 July 1, 2016
Section 10 July 1, 2016
Section 11 July 1, 2016
Section 12 July 1, 2016
Section 13 July 1, 2016
Section 15 July 1, 2016
Section 17 July 1, 2016
Section 21 July 1, 2016
Section 24 July 1, 2016
Division 6 July 1, 2016
Section 34 July 1, 2016
Section 35 July 1, 2016
Section 36 July 1, 2016
Section 37 July 1, 2016
Section 38 July 1, 2016
Section 41 July 1, 2016
Section 45 July 1, 2016
Section 46 July 1, 2016
Section 47 July 1, 2016
Section 49 July 1, 2016
Section 50 July 1, 2016
Section 54 July 1, 2016
Section 54.1 July 1, 2016
Section 54.2 July 1, 2016
Section 56 July 1, 2016
Section 57 July 1, 2016
Section 58 July 1, 2016
Section 59 July 1, 2016
Division 5.1 July 1, 2016
Section 59.1 July 1, 2016
Section 59.2 July 1, 2016
Section 59.3 July 1, 2016
Section 63 July 1, 2016
Section 64 July 1, 2016
Section 65 July 1, 2016
Section 66 July 1, 2016
Section 67 July 1, 2016
Section 71 July 1, 2016
Section 72 July 1, 2016
Section 75 July 1, 2016
Section 76 July 1, 2016
Section 78 July 1, 2016
Section 82 July 1, 2016
Schedule 1 July 1, 2016
Schedule 2 July 1, 2016
Schedule 3 July 1, 2016
Schedule 4 July 1, 2016
Schedule 5 July 1, 2016

 Section 1, definitions of "agriculture", classified wetland", "invasive plant", "veterinarian" and "wetland" BEFORE amended by BC Regs 234/2015 and 235/2015 effective July 1, 2016.

"agriculture" has the same meaning as "primary agricultural production" in the Standards for the Classification of Land as a Farm Regulation, B.C. Reg. 411/95, but does not include aquaculture, or aquacultural activities, carried on in a body of water;

"classified wetland" means a wetland in class W1, W2, W3, W4 or W5 prescribed under the Forest and Range Practices Act;

"invasive plant" has the same meaning as under the Forest and Range Practices Act;

"veterinarian" means an individual registered as a practising member of the British Columbia Veterinary Medicine Association continued under the Veterinarians Act;

"wetland" has the same meaning as under the Forest and Range Practices Act.

 Section 1, definition of "assistant applicator" was added by BC Regs 234/2015 and 235/2015 effective July 1, 2016.

 Section 1, (c)(iv) in the definition of "public land" BEFORE amended by BC Regs 234/2015 and 235/2015 effective July 1, 2016.

(iv) a regional hospital board, or a regional hospital district, as defined in section 1 of the Hospital District Act, and

 Section 2(b)(i) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(i) are required under the federal Act to be labeled with the product class designation "RESTRICTED", and

 Section 2(d)(i)(A) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(A) are required under the federal Act to be labeled with the product class designation "DOMESTIC", and

 Section 3(d) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(d) a control product that is used to destroy, inactivate or reduce mould, mildew or odors, except when used as a wood preservative.

 Section 5(1), parts of (a), (b), (i), (j) and (k) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(a) the management of vegetation or preservation of wood on not more than 20 ha a year of public or private land that are

(b) the management of vegetation on not more than 20 ha a year of public or private land that are

(i) the management of pests of gardens and pests of landscaping, including the management of weeds in sidewalks and on parking lots, on public land;

(j) the management of forest pests on not more than 20 ha a year of public land that are

(k) the management of vegetation on not more than 20 ha a year of public land that are

 Section 6(1)(a.1) and (4) were added by BC Reg 234/2015 effective July 1, 2016.

 Section 6.1 was enacted by BC Reg 234/2015 effective July 1, 2016.

 Section 10(1), definition of "outdoor public use area" BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

"outdoor public use area" means an outdoor, landscaped area of public land that is maintained for purposes of public passage or recreation.

 Section 10(3) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(3) A licensee who uses a pesticide in unoccupied living accommodations must,

(a) before or immediately following the use, provide a treatment notice that complies with section 63 (1) to the owner or manager of the building or the agent of either, and

(b) either,

(i) provide a treatment notice that complies with section 63 (1) to a person who will be occupying the living accommodations within 48 hours after the pesticide use, or

(ii) immediately following the use, post a treatment notice that complies with section 63 (1) and (2) at each entrance to the unoccupied living accommodation, which notice must not be removed by the licensee for 48 hours after the pesticide use.

 Section 10(5.1), (5.2) and (5.3) were added by BC Reg 234/2015 effective July 1, 2016.

 Section 10(8)(b) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(b) bee keepers whose bees enter or are likely to enter the treatment area.

 Section 11 BEFORE re-enacted by BC Reg 234/2015 effective July 1, 2016.

Different notification requirements — medical health officer

11  If a medical health officer has given direction in writing for a different notification requirement in relation to a requirement under section 10 (2), (3), (4), (5), (6), (7) or (8), the licensee must comply with the medical health officer's direction.

 Section 12(g) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(g) the pesticide is a bacterial pesticide applied to water, or

 Section 13(6) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(6) If an applicant would be subject to a fee under two or more of subsections (2), (3) (4) and (5) in respect of an application, the licence fee payable on application is the highest fee payable under subsection (2), (3), (4) or (5) as applicable.

 Section 15 BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

Pesticides prescribed in relation to certified individuals

15  The following classes of pesticide are prescribed for the purposes of section 5 (2) and (3) of the Act:

(a) permit-restricted;

(b) restricted;

(c) commercial;

(d) domestic.

 Section 17(1) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(1) An applicant for a certificate must include with the application a fee of $90 for each certificate examination required for the certificate.

 Section 21(c) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(c) the application relates to a treatment area located within a region of the Province in respect of which the Provincial health officer or a medical health officer has advised that there is an increased risk to human health due to the West Nile Virus.

 Section 24(2) parts of (a), (b), (e) and (f) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(a) the management of vegetation or preservation of wood on more than 20 ha a year of public or private land that are

(b) the management of vegetation on more than 20 ha a year of public or private land that are

(e) the management of forest pests on more than 20 ha a year of public land that are

(f) the management of vegetation on more than 20 ha a year of public land that are

 Division 6 heading BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

Division 6 — General Requirements: Use, Containment, Transport, Storage or Sale of a Pesticide

 Section 34(2)(d) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(d) the pesticide sold including its trade name and registration number under the federal Act;

 Section 35(1)(d) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(d) the name and certificate number of the certified applicator who used the pesticide or supervised the use;

 Section 36(c) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(c) if the use was not performed as a service, the name and certificate number of the certified applicator who used the pesticide or supervised the use;

 Section 37(1)(c) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(c) if the use was not performed as a service, the name and certificate number of the certified applicator who used the pesticide or supervised the use;

 Section 38(1)(a) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(a) a record of when and in what newspaper the notice was published or when the notice was given of the public consultation, as applicable;

 Section 41(2) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(2) At least 14 days before using a pesticide for the first time in a calendar year for a use described in section 5 (1) (g) [pesticide uses requiring a licence] on more than 20 ha a year managed by a single entity, a licensee must provide to the administrator a notice of intent that complies with subsection (3).

 Section 45(f) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(f) uses of pesticides for which the applicant applies to be licensed and the number of ha or poles a year to be treated under the licence;

 Section 45(h) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(h) whether the applicant intends to

(i) use a pesticide on public land,

(ii) aerially apply pesticide, or

(iii) use a fumigant gas pesticide

during the term of the licence.

 Section 46(1)(b)(ii) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(ii) supervise not more than 4 uncertified individuals who perform the use.

 Section 46(2) BEFORE repealed by BC Reg 235/2015 effective July 1, 2016.

(2) For the purposes of subsection (1) (b) (ii), the certified individual must not be more than 500 m from and must maintain continuous visual or auditory contact with each individual being supervised.

 Section 46(3)(a) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(a) advise each pesticide purchaser that they may lawfully use the pesticide only for the use described on the label and in accordance with the instructions on that label;

 Section 46(3)(a.1) was added by BC Reg 235/2015 effective July 1, 2016.

 Section 47(1)(d)(ii) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(ii) for a confirmation holder, the licensee must comply with the requirements in sections 73 to 79.

 Section 47(1)(e) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(e) if a licensee believes that the licensee or another person has contravened the Act or this regulation in a manner involving the release of pesticide into the environment, the licensee must give written notice to the administrator as soon as practicable after forming the belief.

 Section 49(1)(a)(ii) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(ii) supervises not more than 4 uncertified individuals who perform the use;

 Section 49(2) BEFORE repealed by BC Reg 235/2015 effective July 1, 2016.

(2) For the purposes of subsection (1) (a) (ii), the certified individual must not be more than 500 m from and must maintain continuous visual or auditory contact with each person being supervised.

 Section 50(1)(c) was added by BC Reg 235/2015 effective July 1, 2016.

 Section 54(c) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(c) if a certificate holder believes that the certificate holder or another person has contravened the Act or this regulation in a manner involving the release of pesticide into the environment, the certificate holder must give written notice to the administrator as soon as practicable after forming the belief;

 Section 54.1 was enacted by BC Reg 235/2015 effective July 1, 2016.

 Section 54.2 was enacted by BC Reg 235/2015 effective July 1, 2016.

 Section 56(c)(v) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(v) number of ha to be treated;

 Section 57(1)(c)(ii) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(ii) supervises not more than 4 uncertified individuals who perform the use;

 Section 57(1)(e) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(e) if a permit holder believes that the permit holder or another person has contravened this regulation in a manner involving the release of pesticide into the environment, the permit holder must give written notice to the administrator as soon as practicable after forming the belief.

 Section 57(2) BEFORE repealed by BC Reg 235/2015 effective July 1, 2016.

(2) For the purposes of subsection (1) (c) (ii), the certified individual must not be more than 500 m from and must maintain continuous visual or auditory contact with each individual being supervised.

 Section 58(1)(part) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(1) A pest management plan prepared for the purpose of section 7 (1) (a) of the Act must include the following identifying information;

 Section 59(1)(i) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(i) the maximum number of ha or poles a year intended to be treated with pesticide under the applicable pest management plan;

 Division 5.1 was enacted by BC Reg 235/2015 effective July 1, 2016.

 Section 59.1 was enacted by BC Reg 235/2015 effective July 1, 2016.

 Section 59.2 was enacted by BC Reg 235/2015 effective July 1, 2016.

 Section 59.3 was enacted by BC Reg 235/2015 effective July 1, 2016.

 Section 63(1)(d) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(d) proposed date and start time of the pesticide use and proposed alternate dates and times of the pesticide use;

 Section 64(3)(b) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(b) must be given in writing to beekeepers registered under the Bee Act who have apiaries registered under the Bee Act in the treatment area, and

 Section 65(1)(b) BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

(b) in a container designed for containing the pesticide and labeled in accordance with subsection (2).

 Section 66(2)(a) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(a) has the words "warning: chemical storage — authorized persons only" written in block letters, and

 Section 67(3) was added by BC Reg 235/2015 effective July 1, 2016.

 Section 71(3), (5) and (7) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(3) Except as provided in subsections (4) and (12) and 79 (2), a person described in subsection (1) must maintain a 30 m no-treatment zone around a water supply intake or well used for domestic or agricultural purposes, including water for livestock or for irrigation of crops.

(5) Except as provided in subsection (12) or (13), person described in subsection (1) must ensure that a no-treatment zone between an outdoor pesticide use area and a body of water is sufficient to prevent the release of pesticide spray or runoff into the body of water.

(7) Except as provided in section 76 (3) [use requirements — railway vegetation management], a person described in subsection (1) must not engage in broadcast spraying or foliar spraying outdoors if the wind speed exceeds 8 km an hour.

 Section 72(1)(b)(ii) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(ii) supervises not more than 4 uncertified individuals who perform the use,

 Section 72(1)(d) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(d) if the confirmation holder believes that the confirmation holder or another person has contravened the Act or this regulation in a manner involving the release of pesticide into the environment, the confirmation holder must give written notice to the administrator as soon as practicable after forming the belief.

 Section 72(2) BEFORE repealed by BC Reg 235/2015 effective July 1, 2016.

(2) For the purposes of subsection (1) (b) (ii), the certified individual must not be more than 500 m from and must maintain continuous visual or auditory contact with each person being supervised.

 Section 75(1) definition of "wildlife habitat feature" BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

"wildlife habitat feature" means a wildlife habitat feature identified under section 9 of the Government Actions Regulation, B.C. Reg. 17/2004.

 Section 75(3) and (7) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(3) A person described in subsection (2) using glyphosate, may reduce the pesticide-free zone required under section 73 (1) to 2 m along or around a body of water or classified wetland if

(a) the body of water or classified wetland is not fish bearing at any time of the year, and

(b) selective application methods are used between 2 m and 10 m above the high water mark.

(7) If the conditions in subsections (5) or (6) are met, glyphosate may be applied to a body of water and a dry stream.

 Section 76(3) and (4) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(3) A person described in subsection (1) may spray pesticide when wind speeds are between 8 km an hour and 16 km an hour if a shrouded boom is used.

(4) A person described in subsection (1) may apply pesticide from a moving vehicle if

(a) a shrouded boom is used and the vehicle speed is not more than 30 km an hour,

(b) a shrouded boom is not used, paragraph (c) does not apply and the vehicle speed is not more than 16 km an hour, or

(c) the pesticide is a wood preservative.

 Section 78(1.1) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(1.1) A person described in subsection (1) is exempt from that subsection if the following conditions are met:

(a) the British Columbia Centre for Disease Control has advised the public that it has identified the West Nile Virus in mosquitoes in the region of the Province where the pesticide is to be applied, and

(b) the mosquitoes to be treated are species that are vectors of the West Nile Virus.

 Section 78(5)(e) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(e) a bird sanctuary designated under the regulations pursuant to the Migratory Birds Convention Act (Canada), or

 Section 78(6) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(6) A licensee, for the purposes of a pesticide use described in section 5 (1) (c.1), may use methoprene only in a storm water catch basin if the following conditions are met:

(a) the licensee must contact the drinking water officer within the meaning of the Drinking Water Protection Act for the region within which the treatment is proposed in order to ascertain if the proposed treatment area is near a water supply intake or well used for domestic or agricultural purposes, including water for livestock or irrigation of crops, and

(b) if the storm water catch basin drains directly into a fish bearing body of water,

(i) the British Columbia Centre for Disease Control has advised the public that it has identified the West Nile Virus in mosquitoes in the region of the Province where the pesticide is to be applied, and

(ii) the mosquitoes to be treated are species that are vectors of the West Nile Virus.

 Section 82(2) BEFORE amended by BC Reg 235/2015 effective July 1, 2016.

(2) A licensee using a fumigant gas must restrict access by unprotected individuals to the treatment area until a certified applicator has determined that the fumigant gas concentration levels are safe for human exposure.

 Schedule 1 title BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

Permit-restricted Pesticides

 Schedule 2 BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

Schedule 2

Excluded Pesticides

acetic acid (DOMESTIC)
animal repellents (DOMESTIC and COMMERICAL) except thiram
anti-fouling paints (DOMESTIC and COMMERCIAL)
antisapstain wood preservatives used on private, industrial land owned by the company or person responsible for the application (COMMERCIAL)
asphalt solids (pruning paints) (DOMESTIC and COMMERCIAL)
bacillus thuringiensis kurstaki (Btk) (DOMESTIC)
bactericides used in petroleum products (DOMESTIC and COMMERCIAL)
boron compounds (DOMESTIC)
boron compounds with up to 5% copper for insect control and wood preservation (COMMERCIAL)
10 capsaicin (DOMESTIC, COMMERICAL and RESTRICTED)
11 cleansers (DOMESTIC and COMMERCIAL)
12 corn gluten meal (DOMESTIC and COMMERICAL)
13 d-phenothryn (DOMESTIC)
14 d-trans-allethrin, also referred to as d-cis, trans allethrin (DOMESTIC)
15 deodorizers (DOMESTIC and COMMERCIAL)
16 fatty acids (DOMESTIC)
17 ferric phosphate (DOMESTIC and COMMERCIAL)
18 ferrous sulphate (DOMESTIC and COMMERCIAL)
19 hard surface disinfectants (DOMESTIC and COMMERCIAL)
20 insect bait stations (DOMESTIC)
21 insect pheromones (DOMESTIC and COMMERCIAL)
22 insect repellents (DOMESTIC)
23 laundry additives (DOMESTIC and COMMERCIAL)
24 material preservatives (DOMESTIC and COMMERCIAL)
25 methoprene (DOMESTIC)
26 mineral oils for insect and mite control (DOMESTIC)
27 n-octyl bicycloheptene dicarboximide (DOMESTIC)
28 naphthalene for fabric protection (DOMESTIC)
29 paradichlorobenzene for fabric protection (DOMESTIC)
30 pesticides in aerosol containers (DOMESTIC)
31 pesticides registered under the federal Act for application to pets (DOMESTIC and COMMERICIAL)
32 piperonyl butoxide (DOMESTIC)
33 plant growth regulators (DOMESTIC)
34 polybutene bird repellents (DOMESTIC and COMMERCIAL)
35 pyrethrins (DOMESTIC)
36 resmethrin (DOMESTIC)
37 rotenone (DOMESTIC)
38 silica aerogel, also referred to as silica gel, amorphous silica and amorphous silica gel (DOMESTIC and COMMERCIAL)
39 silicon dioxide, also referred to as "diatomaceous earth" (DOMESTIC and COMMERCIAL)
40 slimicides (COMMERCIAL)
41 soaps (DOMESTIC and COMMERCIAL)
42 sulphur, including lime sulphur, sulphide sulphur and calcium polysulphide (DOMESTIC)
43 surfactants (DOMESTIC and COMMERCIAL)
44 swimming pool algicides and bactericides (DOMESTIC and COMMERCIAL)
45 tetramethrin (DOMESTIC)
46 wood preservatives (DOMESTIC)

 Schedule 3 title BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

Certificate Examination Matters

 Schedule 4 BEFORE amended by BC Reg 234/2015 effective July 1, 2016.

Schedule 4

Scheduled Pesticides

[am. B.C. Reg. 426/2008, s. 6.]

Bti (bacillus thuringiensis var. israliensis)
Btk (bacillus thuringiensis var. kurstaki)
glyphosate
nuclear polyhedrosis virus
Bs (bacillus sphaericus)

 Schedule 5 was added by BC Reg 234/2015 effective July 1, 2016.