Barrister and Solicitor
Legal Writing and Research
Wild Animal Law of Canada(current to 15 May 2016)
Pesticides Act (PEI)
Note Re Application of the Pesticides Act ('PA')The full current text of this legislation (including regulations) may be viewed at the Prince Edward Island statute website.
The Pesticides Act (PEI) applies within the province of Prince Edward Island.
This law bears on the wildlife issues of:
The primary purpose of the Pesticides Act ('PA') is to regulate the sale and use of pesticides, which are defined as "any product, device, organism, substance or thing intended, sold or represented for use in destroying or repelling any insect, nematode, rodent, predatory animal, bacterium, fungus, weed or other form of plant or animal life or virus, except bacteria or fungi living in man or animals" [PA 1(i)]. For this purpose, 'animal' is defined as "any animal other than man [and] includes mammals, birds, fish, amphibians, reptiles, invertebrates, insects and animals similar to insects, wild or domestic, living or dead" [PA 1(a)].
In short, it's primary purpose is to regulate the products (usually chemical) and methods used to kill 'pest' organisms, including animals. As such it's primary purpose is to facilitate extermination of some animals, which by their nature of 'pests' tend to be wild animals.
However, a second animal-related aspect of the PA is to protect other non-pest animals from incidental harm from pesticides. As such, it makes prohibits behaviour causing "or likely to cause injury or damage to property or to plant or animal life greater than the injury or damage, if any, that would necessarily result from the proper use of the pesticide", whether the person is licensed or not [PA 3(1)(b)]. Further, it requires anyone keeping, storing or transporting pesticides to ensure that they neither contaminate animal food or drink, nor come in contact (directly or indirectly) with animals in a manner that may otherwise be injurious to them [PA 4(1)(a,b)].
To this end the PA authorizes inspectors to make Orders regarding proper use, storage and other aspects of pesticide use and possession, and makes breach of any provision of the Act a prosecutable offence [PA 14,23].