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Simon Shields, LLB

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Simon Shields,
LLB

Barrister and Solicitor
(Retired)
LSUC #37308N


simonshields@isp.com

Legal Writing and Research


Wild Animal Law of Canada

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Pesticides Control Act (NB)

(current to 01 June 2016)
Note Re Application of the Pesticides Control Act ('PCA')
The Pesticides Control Act (NB) applies within the province of New Brunswick.

This law bears on the wildlife issues of:
  • PROTECTION
  • EXTERMINATION
The full current text of this legislation (including regulations) may be viewed at the New Brunswick statute website.

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The primary purpose of the Pesticides Control Act ('PCA') is to regulate the sale and use of pesticides, which are defined as a "product, device, organism, substance or thing" used for "killing, destroying, mitigating, attracting or repelling a pest". For this purpose, 'pest' is "injurious, noxious or troublesome plant or animal life", and 'animal' "includes a bird, reptile, amphibian, fish, invertebrate or mammal other than a human" [PCA 1]. By their nature, 'pest animals' tend to be wild animals.

As such, the PCA requires notification to the Director of Pesticides Control [PCA 3] of "the deposit or discharge of a pesticide ... into or on the natural environment .... in a manner contrary to this Act or the regulations and by reason of the deposit or discharge there is caused, or there exists the likelihood of causing, injury or damage to the natural environment or to human, animal or plant life" [PCA 30(1)]. The persons responsible for such deposits or discharges may then be required to engage in mitigation efforts, or the Director may themselves engage in mitigation efforts for which the person responsible for the deposit or discharge is liable [PCA 30(2,3)].

However, a second animal-related aspect of the PCA is to protect non-pest animals, plants and other matter from incidental harm from unsafe storage and transportation of pesticides [PCA 18]. Continued "sale, handling, use or distribution" of such contaminated items may be restricted or prohibited by order of the Minister [PCA 22].

Both pesticide vendors and pesticide operators (exterminators) are licensed by the Minister [PCA 10,12-13], and permits may be required for broad-area pesticide application [PCA 11].

The PCA authorizes inspectors to make Orders regarding proper use, storage, transportation, application and other aspects of pesticide use and possession [PCA 24,25], and makes breach of any provision of the General Regulation or of any PCA-issued Order a prosecutable offence [PCA 28].



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