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The Pesticides Management Code
Protecting the environment and health in forest areas and
road, railway or power corridors
Updating: May 2006
The
Pesticides Management Code, which entered into
force on April 3, 2003, has introduced strict standards governing the
storage, sale and use of pesticides. The objectives of this regulation are
to reduce and regulate the use of pesticides, to lower the risks of human
exposure, and to reduce the risks of environmental contamination.
The types of pesticides used in forest areas are mainly
insecticides to control forest pests and phytocides to clear competing
vegetation around young trees that were recently planted. In Québec, the use
of pesticides in the forest environment is relatively limited following the
 application of the government commitment associated with the Forest
Protection Strategy which consists, among other things, of eliminating the
use of chemical pesticides in public forests, an initiative begun in 2001.
Similarly, according to this strategy only a biological insecticide such as
Bacillus thuringiensis var. kurstaki (B.t.k.) is used
in the fight against the spruce budworm. Obviously, the scope of the use
made of this insecticide varies according to the epidemic presence of the
insects in question; insecticide use may range from little, if any, to very
heavy.
The only pesticides used in road, railway or power corridors
(e.g. electricity, gas) are phytocides, and their purpose is to control
unwanted vegetation. The phytocides employed are either selective or
non-selective. Given the longilineal form of these corridors, the surface
areas treated all in one piece are rarely vast, but may concern large
territories all the same. The biggest environmental problem associated with
the use of pesticides is the crossing of small watercourses.
How does the Pesticides Management
Code concern you?
 This new regulation affects the storage, preparation and
application of pesticides in forest areas and in road, railway and power
corridors. The holders of permits and certificates referred to in the
Regulation respecting permits and certificates for the sale and use of
pesticides as well as forest managers who use Class 3 pesticides must
comply with the rules of the Code. More specifically, those concerned are:
Application in forest areas
Permit holders (businesses)
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Class C “Remunerated work”, Subclass C7 “Application in
Forest Areas of Class 1 to Class 4 pesticides”;
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Class D “Non-remunerated work”, Subclass D7 “Application
in Forest Areas of Class 1 to Class 3 pesticides” when the forestry
operation has 10 employees or more, excluding an administrator, a
director, a manager or a foreman.
Certificate holders (users)
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Class CD “Application of Pesticides”, Subclass CD7
“Application in Forest Areas”;
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Class F “Forest Manager for the Application of
Pesticides”:
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Subclass F1 “Forest Producer or Holder of a Forest
Management Permit for the Application of Class 1 to Class 2 Pesticides”;
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Subclass F1.1 “Forest Manager or Forest Management
Permit Holder’s Certificate for the Application of Class 3 Pesticides”
(New requirement in force on April 3, 2005);
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Subclass F2 “Forest Manager’s Certificate for the
Application of Class 1 to Class 3 Pesticides”.
Application on raw land (includes the application in
road, railway or power corridors)
Permit holders (businesses)
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Class C “Remunerated Work”, Subclass C3 “Application on Raw
Land of Class 1 to Class 4 Pesticides”;
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Class D “Non-remunerated Work”, Subclass D3 “on Raw Land of
Class 1 to Class 3 Pesticides”.
Certificate holders (users)
Anyone wishing to obtain a certificate of qualification must
submit his/her request to the ministère du Développement durable, de
l’Environnement et des Parcs and pass the examination prescribed or
recognized by the Minister in the accordance with the Pesticides Act.
Training is not compulsory; however the person may wish to get it in order
to pass the examination. This training and the examination on safe and
rational use of pesticides are both offered by the education network
throughout Québec. Contact your regional office of the ministère.
The classes of pesticides are established in accordance with
the Regulation respecting permits and certificates for the sale and use
of pesticides. They differ from the federal classification.
|
Federal Classification |
Québec Classification |
| Pesticides for restricted use |
Classes 1 and 2 |
| Pesticides for commercial, agricultural or industrial
use |
Class 3 |
| Pesticides for domestic use |
Classes 4 and 5 |
Rules governing storage
Note: The section of the Code to which the rule refers
is indicated for consultation or clarification, if necessary.
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Class 1, Class 2, Class 3 and Class 4 pesticides must be
stored in premises where the ambient conditions are not likely to alter the
pesticide, its container or label. The pesticide must also be stored in such
a manner that its content is not released into the environment (s. 5).
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A sign indicating the list of certain services (e.g. Centre
anti-poison du Québec) and their telephone numbers must be posted in a
conspicuous place near the entrance to the premises (s. 21).
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On premises used to store Class 1, Class 2 and Class 3
pesticides, there must be adequate equipment and material capable of
stopping any leak or release of pesticides and, if required, of cleaning the
premises (s. 20).
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Urgence-Environnement must be notified immediately in case
of a pesticide fire when the quantity of unprepared or undiluted Class 1,
Class 2, Class 3 and Class 4 pesticides is equal to or greater than 1 000
litres or 1 000 kilograms (s. 6).
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The storage of Class 1, Class 2 or Class 3 pesticides in
flood areas is subject to the following conditions:
Storing pesticides is prohibited in this zone.
Warehouses existing on April 3, 2003 had until April 3,
2005 to store pesticides on these premises at a height that is above the
highest level reached by water in a 100-year interval flood, failing which
the storage premises must be moved outside this flood plain.
Storing pesticides is prohibited in this zone, except if one
of the following circumstances is respected:
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the quantity of pesticides stored is less than 100 litres or
100 kilograms;
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the quantity of pesticides stored is equal to or greater
than 100 litres or 100 kilograms and it is stored for a period of less than
15 consecutive days;
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the pesticides are stored above the highest level reached by
water in a 100-year interval flood;
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the pesticides are stored for a period of less than 60
consecutive days between June 1st and
February 28th for holders of Subclass C1
and D1 permits (Application by aircraft) so C7 and D7 permits (Application
in forest areas).
Warehouses existing on April 3, 2003 were exempted from this
provision until April 3, 2005. Since that date, it is only be possible to
store pesticides on these premises if they respect one of the foregoing
circumstances, failing which the storage premises must be moved
outside this flood plain.
| Containment works
Unprepared or undiluted Class 1, Class 2 or Class 3 pesticides must be
stored on premises having containment works. This rule applies to
anyone who stores a quantity equal to or greater than 100 litres or
100 kilograms of these pesticides for a period longer than 15
consecutive days, in particular pesticides stored on the application
site or near buildings (s. 18).
A containment works is a floor, a platform or a watertight basin,
built so as to contain and allow for the complete recovery of any
pesticide leak or spillage (s. 1). |
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Special rules are stipulated for the storage of liquid
pesticides in a mobile tank (≥ 1 000 litres) as well as when the capacity of
storage premises is greater than 10 000 litres or 10 000 kilograms of
unprepared or undiluted pesticides (s. 9, 11, 12, 14, 23 and 24).
General rules pertaining to the
preparation and application
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The preparation or application of a pesticide must be
carried out in accordance with the manufacturer's instructions appearing on
the label of the pesticide. When the instructions and a provision of the
Pesticides Management Code are inconsistent, the more restrictive
applies (s. 36).
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Adequate equipment and material capable of stopping any leak
or release of pesticides during the operations and if required, of cleaning
the premises, must be available on any site where pesticides are prepared or
loaded. The person who loads or prepares the pesticides must remain on the
premises for the entire duration of the operations (s. 38).
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The water supply system used for the preparation of a
pesticide must be designed to prevent pesticide backflow to the water supply
source (s. 37).
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Equipment used for the application, loading or unloading of
pesticides must be in good working order and be adapted to the type of work
to be done (s. 39).
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A person applying pesticides, other than by aircraft, must
ensure that, at the time of the application, no person other than a person
participating in the application is present on the premises or is exposed to
pesticides (s. 40).
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A land apparatus having a pesticide tank capacity of 200
litres or more must be equipped with a device to prevent leaks should the
apparatus tip over (s. 55 and 61).
Specific rules concerning the
land application of pesticides in forest areas
Note: The following rules apply to a farm woodlot and other
wooded areas or areas reserved for the growing of trees for reforestation
but do not include seed orchards and blueberry fields under commercial
operation (s. 54).
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The perimeter of the pesticide application area must be
marked off to identify the application area and to respect the application
distances from sensitive areas (e.g. watercourses) (s. 56).
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A sign must be posted prior to any application at the point
of access of each passable road leading into the area to be treated. The
sign must indicate the words “TRAITEMENT AVEC PESTICIDES”; there must be a
pictogram showing the prohibition to gather plants for consumption, the
active ingredient of the pesticide used, the product registration number,
the permit-holder, farmer or forest manager, their address and telephone
number, the number of the certificate of the person in charge of carrying
out the work, their name and initials, the telephone number of the Centre
anti-poison du Québec and the date application of the pesticide. This sign
may not contain any information other than the aforementioned information
and it must remain in place until the end of the edible plant season in the
treated area (s. 57).
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The owner or operator of a forest area in the domain of the
State who intends to apply pesticides or have them applied over more than
100 hectares in the same administrative region must, before the work begins,
publish a message in a newspaper circulated in the territory where the work
will be carried out or broadcast the message on a radio or television
station in that territory. This message must contain the following
information:
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the name and telephone number of the owner or operator of
the territory where the work will be carried out;
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the nature, goal and location of the work;
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the period during which work will be carried out;
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restrictions on access to the treated premises and on
consumption of plants from the premises; and
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the name and telephone number of the permit holder in charge
of the work.
The message must be published or broadcast at least one week
and no more than three weeks before the start of the work. The work cannot
begin until the message has been published or broadcast (s. 58).
 Specific rules
concerning the land application of pesticides in road, railway or power
corridors for corridor maintenance
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The limits of the areas in which the application of
pesticides is prohibited by virtue of the various application distances that
must be respected must be marked off to allow the person applying the
pesticide to respect the application distances from bodies of water, wells
and protected immovables (s. 62).
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Prior to carrying out the work, the owner or the
operator of a road, railway or power corridor must:
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publish a message in a newspaper circulated in the territory
where the work will be carried out or broadcast the message on a radio or
television station in that territory. This message must contain the
following information:
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the name and telephone number of the owner or operator of
the territory where the work will be carried out;
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the nature, goal and location of the work;
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the period during which work will be carried out;
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restrictions on access to the treated premises and on
consumption of plants from the premises; and
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the name and telephone number of the permit holder in charge
of the work.
The message must be published or broadcast at least one week
and no more than three weeks before the start of the work. The work cannot
begin until the message has been published or broadcast (s. 63).
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notify the regional office of the ministère du Développement
durable, de l’Environnement et des Parcs concerned at least 21 days before
the start of the work. This notice must contain the following information:
The work cannot start until this notice has been given (s.
64).
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give prior notice to the municipality concerned or, in the
case of an unorganized territory, the regional county municipality (RCM)
concerned (s. 64). Suggestion: The content of this notice could be identical
to the message published or broadcast in the local media and be sent 21 days
prior to the start of work.
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An owner or operator of a road, railway or power corridor
must keep for five years a register of the work and enter the following
information: dates of pesticide application, the name and registration
number of the pesticides used, the areas treated and the weather conditions
at the time of each application (s. 65).
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An owner or operator of a road, railway or power corridor
must send to the regional office concerned, not later than two months after
the end of the work, a report on the pesticide application carried out
containing the following information: the name, quantity and registration
number of the pesticide used, the application dates, the areas treated, the
equipment used, the names of the permit and certificate holders who carried
out the work and the number of the permit and the certificate (s. 66).
Specific rules concerning
the aerial application of pesticides in forest areas and road, railway and
power corridors
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Before applying a pesticide, the person in charge of the
application must mark off the limits of areas where pesticide applications
are allowed or prohibited, unless a flight line guidance system is used.
Moreover, the pilot or the person who supervises the application from
another plane must have a map or an aerial photograph at hand showing the
pesticide application area and the sections of that area within which the
application of pesticides is prohibited. This map or photograph must cover a
300 metre strip around the pesticide application area (s. 77 and 78).
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At the time of applications of pesticides other than an
insecticide in a forest area, a person who intends to apply a pesticide must
first post a sign at the point of access of each passable road leading into
the area to be treated and having the same specifications as in the case of
a land application – see above section 57 (s. 81).
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The owner or operator of a forest area in the domain of the
State who intends to apply pesticides or have them applied over more than
100 hectares in the same administrative region as well as the owner or
operator of a road, railway or power corridor (regardless of the area) must,
before the work begins, publish a message in a newspaper circulated in the
territory where the work will be carried out or broadcast the message on a
radio or television station in that territory. This message must have the
same specifications as in the case of a land application – see above section
63 (s. 82).
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At the time of application of a phytocide or Bacillus
thuringiensis var. kurstaki (B.t.k.):
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A person who intends to apply phytocides or Bacillus
thuringiensis (kurstaki variety) or to have them applied must
notify the regional office of the ministère du Développement durable, de
l’Environnement et des Parcs and the municipality (or the regional county
municipality, if it is an unorganized territory) according to the
specifications mentioned for land applications in the corridors (s. 64). The
notice sent to the minitère must indicate the location of the operations
base of any aircraft used and the potential sites of emergency release. This
obligation does not concern the projects subject to the environmental
assessment and review procedure (s. 83).
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A register must be kept for five years and a report on the
application of pesticides be sent at the latest two months after the end of
the work to the regional office of the ministère du Développement durable,
de l’Environnement et des Parcs. The specifications of the register and the
report on the application are the same as those for land applications of
pesticides in the corridors - see above sections 65 and 66 (s. 84 and s.
85).
The obligations of keeping a register or sending the report
on the application are incumbent upon the person who applies or causes to
apply these pesticides except when it involves the application of pesticides
in a public forest or a road, railway or power corridor where these
obligations lie with the owner or the operator of this forest or this road,
railway or power corridor.
Application distances
The following table summarizes the application distances
that must be respected in forest areas and road, railway and power corridors
according to the locations where the pesticide storage, preparation and land
or aerial application activities take place (s. 15, 22, 29, 35, 50, 52, 59,
60 and 80).
Every distance relating to a watercourse is measured from
the normal high water mark.
| Normal high water mark An
easy way to establish the normal high water mark is to determine the
place where there is a change from a predominance of aquatic plants to
a predominance of terrestrial plants. Thus the high water mark
corresponds to the place where nature itself has established this
point of balance between aquatic and terrestrial vegetation. |
A few definitions:
“Watercourses and bodies of water” include streams, small
and large rivers, lakes, intermittent watercourses, ponds, marshes, swamps
and peat bogs, and exclude ditches, municipal aerated ponds and artificial
lakes without any outlet.
“Protected immovables” include, among others, built-up lots
situated within an urban area and land on which are situated sports centres,
recreation centres, camping establishments, outdoor activity centres, nature
interpretation centres, parks, public beaches and golf clubs. Outside urban
areas, protected immovables include residential dwellings (except summer
cottages or hunting camps), public buildings or any other administrative or
commercial building or tourist accommodation establishment, including a 30
metre strip around such buildings.
Pesticide application distances in forest areas and road,
railway or power corridors ( PDF
file, 60 Ko)
Activities subject to a
certificate of authorization
On April 3, 2003, the Regulation respecting the
Application of the Environment Quality Act was amended and some
activities are no longer subject to the obtention of a certificate of
authorization under section 22 of the Environment Quality Act. The
requirements of the certificate of authorization were transferred to the
Pesticides Management Code.
|
Activities subject to a certificate of
authorization |
| Prior to the entry into force of the
Code |
After the entry into force of the Code |
| Upkeep of road, railway or power corridors |
None |
| Application by air, in a forest environment or for
non-agricultural purposes |
Application by air, other than a phytocide or
Bacillus thuringiensis var. kurstaki (B.t.k.), in a
forest environment or for non-agricultural purposes |
Although the Code permits pesticide applications at
distances of less than 15 metres from lakes, rivers and streams, and
although upkeep work on road, railway or power corridors has been excluded
from the obtention of a certificate of authorization following the
amendments made to the Regulation respecting the Application of the
Environment Quality Act, the application of pesticides for municipal,
industrial, commercial or public purposes in the buffer strip of a
watercourse or lake as defined in the Politique de protection des rives, du
littoral et des plaines inondables (10 or 15 m. depending on the slope)
remains subject to a certificate of authorization (even if the work is
carried out in a road, railway or power corridor).
 The information provided in this document is in no way meant
to replace the text of the
Pesticides Management Code. The full text
is published in the March 19, 2003, edition of the
Gazette officielle du Québec.
Other document for consultation:
Bourque, J.-F., Gingras, B., Gauthier, F., Samuel, O.,
Phytocides en milieu industriel - bon sens, bonnes pratiques. Les
Publications du Québec, Sainte-Foy (Québec), 1998. 87 pages.
Ministère des Ressources naturelles et de la Faune -
Forest Protection Strategy (French)
Avoid pesticides… a natural thing to do.
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