Pesticide Investigations and Regulations in Saskatchewan

In Canada, both federal and provincial governments share the responsibility for regulating pesticides, requiring co-ordination with different authorities depending on the circumstances. The Saskatchewan Ministry of Agriculture ensures the safe, regulated use of pesticides, offering detailed guidance on legislation, licensing, investigations, and actions for those impacted by pesticide misuse or drift.

Federal and Provincial Co-operation

Pesticide regulation involves co-ordination between the following provincial and federal bodies:

Government of Saskatchewan, Ministry of Agriculture

• The ministry regulates licensed applicators within the province through The Pest Control Products (Saskatchewan) Act and The Pest Control Products Regulations 2015.
• Performs inspections of provincially licensed vendors and service providers.
• Performs audits of provincially licensed applicators.

Health Canada

• Health Canada's Pest Management Regulatory Agency (PMRA) is responsible for administering the Pest Control Products Act on behalf of the Minister of Health. The Pest Control Products Act regulates the products used for the control of pests.
• Regulates the registration and use of pesticides in Canada; through the Pest Control Products Act and the Pest Control Products Regulations
• Conducts investigations into pesticide drift, misapplication, misuse, or unsafe practices by individuals or producers, as well as exposure to pesticides that result in adverse health effects.
• Investigates the use of registered pesticides and any violations of Canada's Pest Control Products Act and its associated regulations.

Transport Canada

• Investigates and regulates aircraft operations during pesticide applications, specifically focusing on low-flying manoeuvres and flights over-populated or urban areas, through the Canadian Aviation Regulations.

Legislation and Regulation

The regulation of pesticides in Saskatchewan is governed by both federal and provincial laws. The primary provincial statute is The Pest Control Products (Saskatchewan) Act, which regulates the sale, use and application of pesticides.

The provincial government issues pesticide licences to commercial pesticide applicators, application businesses and retail vendors through the Pesticide Licensing Program. The Pesticide Licensing Program supports the safe handling, storage and application of pesticides as required by The Pest Control Products (Saskatchewan) Act.

In Saskatchewan, this Act requires any person wanting to purchase and use federally registered restricted or commercial class pesticides for hire or reward to hold a Saskatchewan Pesticide Applicator Licence.

This licence is not required for agriculture producers spraying pesticides on their own operation, but it is required for agriculture producers if they conduct commercial pesticide application for hire or reward off-site.

For more information on obtaining a pesticide applicator licence in Saskatchewan, contact the Pesticide Licensing Program.

Investigation and Enforcement

The ministry encourages those who suspect their crop or property has been damaged by a pesticide-related drift to contact the suspected applicator as soon as possible and view the damage with the suspected applicator. Many complaints are resolved quickly and efficiently by communicating with the applicator directly.

In the event the complaint cannot be resolved, the ministry is responsible for investigating complaints of pesticide drift, misapplication, misuse or unsafe practices by licensed applicators. The following steps typically happen:

• A written complaint about the pesticide incident must be filed within 30 days of the occurrence by submitting an Incident Report Form and providing as much detail as possible. Providing photos or videos of pesticide-related events is extremely important and can be helpful in identifying responsible parties.
• The 30-day deadline to submit a complaint ensures the ministry can promptly collect and analyze evidence critical for conducting detailed investigations.
  • As time progresses, extrinsic factors such as climatic conditions, pests or pathogens can further complicate the diagnostics by inducing additional damage to the vegetation, which may be mistaken for pesticide effects.
  • As these factors build up over time, it becomes increasingly difficult to clearly connect the observed damages to pesticide use.
  • This underscores the importance of collecting evidence early for a thorough and scientifically grounded investigation.
• The ministry will open (or not open) an investigation depending upon what details are provided in the Incident Report Form (see Related Items below). Without sufficient information an investigation may not be able to proceed.

Pesticide investigations typically follow these stages, although the process can vary depending on the specifics of each case. Investigations can take significant time to collect all the evidence and analyze.

1. Incident Report Form Evaluation: The ministry will document the complaint, verify the initial details and establish the incident timeline. After considering the type of incident and the information provided, the ministry will decide whether the complaint requires further investigation or should be redirected to another agency.
2. Assessment: The ministry may visit and assess affected sites and collect plant samples for laboratory testing.
   • Samples collected will be analyzed at the Provincial Crop Protection Laboratory and/or other facilities.
   • Do not harvest or dispose of areas that might be affected by spray drift until a ministry official has examined and sampled them or until you have been informed by a ministry official that a formal investigation will not be conducted.
3. Compliance Review: The ministry will ensure compliance with pesticide application legislation by reviewing conditions and methods in accordance with the product label and provincial legislation.
4. Data Analysis: The ministry will assess weather conditions, application techniques and other factors related to the incident, coordinating these elements with the timeline of the event and the associated damages.
5. Conclusion and Enforcement: The ministry will consolidate the investigation results into a report and determine applicable enforcement measures based on the evidence and regulatory standards. Prior offenses will be considered when determining penalties for further infractions. Once an investigation is complete, the ministry will issue a letter to the complainant summarizing the findings. Any information shared with clients will adhere to the stipulations outlined in The Freedom of Information and Protection of Privacy Act.

Enforcement

The ministry uses a graduated discipline policy when it comes to enforcement for contraventions to the legislation. The ministry’s strategy is to promote cooperation so licensees are encouraged (educated) to obtain compliance on their own.

However, some violations will be more serious and warrant enforcement action such as licence suspension or cancellation. The graduated discipline policy allows the ministry to consider past offenses when determining consequences for subsequent offenses.

Compensation and Dispute Resolution

The ministry is not involved in matters related to compensation for damages. Compensation is a civil matter between the complainant and the applicator. Affected parties have options to consider and may wish to be advised by a lawyer and a private forensic agrologist:

• Engage with a private forensic agrologist for independent investigation and damage assessment. A list of professionals can be found at the Saskatchewan Institute of Agrologists.
• Consider legal action or insurance claims for compensation. In Saskatchewan, Small Claims court may be suitable for claims up to $50,000.

The Role of the Province:

• To enforce The Pest Control Products (Saskatchewan) Act and the Pest Control Products Regulations (2015).
• To investigate potential contraventions to Canada's Pest Control Products Act and Regulations.
• To perform inspections of provincially licensed vendors and service providers.
• To perform audits of provincially licensed applicators.
• The Saskatchewan Ministry of Agriculture does not pursue or provide assistance in matters of compensation for damages.

Contact Information

For immediate inquiries or to report a pesticide-related incident, contact the following:

Saskatchewan Ministry of Agriculture:
Phone: 306-787-4660
Email: crops@gov.sk.ca
Mail: 125 – 3085 Albert Street, Regina, SK  S4S 0B1

Health Canada - Pest Management Regulatory Agency (PMRA):
Phone: 613-996-9231 or toll-free 1-800-267-6315
Email: pmra.info-arla@hc-sc.gc.ca
Mail:  2 Constellation Drive, Ottawa, ON  K1A 0K9

Transport Canada:
Civil Aviation, Issues Management - Prairie and Northern Region
Email: pnrcivavissues-enjeuxrpnavciv@tc.gc.ca
Mail: P.O. Box 8550, 344 Edmonton Street, Winnipeg, MB  R3C 0P6

The ministry is committed to promoting safe pesticide practices, conducting thorough investigations of misuse and upholding stringent regulations to protect the environment and public health.