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Purchase and Use of Pesticides by Ontario Weed Inspectors - Regulation 63/09 of the Ontario Pesticide Act

Provincial Weed Inspectors

A weed inspector designated under the Weed Control Act requires an exterminator licence in order to purchase and use Commercial herbicides in Classes B or C to control noxious weeds that interfere with land used for agricultural or horticultural purposes.

The inspector needs a Landscape Exterminator Licence to buy and use Class B or C herbicides for the control of noxious weeds to maintain turf or ornamentals.

The inspector needs an Industrial Vegetation Exterminator Licence to buy and use Class B or C herbicides for the control of noxious weeds in areas that benefit a public work.

For example, if a weed inspector ordered a landowner to remove a noxious weed along a roadside (i.e. a highway which is a public work as defined in O. Reg.63/09) because the noxious weeds are interfering with land used for agricultural or horticultural purposes, the landowner and the weed inspector have several options:
  • The landowner can mechanically remove the noxious weeds.
  • The landowner can purchase and use a Class D herbicide that is labelled for the noxious weed.
  • The landowner can hire an Industrial Vegetation Licensed Exterminator to use Class B or C herbicide products.
  • The landowner can obtain an Industrial Vegetation Exterminator Licence and purchase and use a Class B or C herbicide products to control the noxious weeds.
The landowner could ignore the weed inspector order.  If so, the weed inspector could, based upon the inspector's powers under subsection 15(1) of the Weed Control Act destroy the noxious weeds by: 
a. using mechanical methods and use subsection 15(6) of the Weed Control Act to collect the costs from the landowner, or;   

b.
 hiring an Industrial Vegetation Licensed Exterminator to use a herbicide product and use subsection 15(6) of the Weed Control Act to collect the costs from the landowner.