Federal registration, provincial rules
A homeowner in Ontario treating weeds, wasps or mice is dealing with two layers of regulation. This article summarises the Government of Ontario pages “Pesticides (home lawns and gardens)”, published on 20 March 2014 and updated on 23 June 2021, and “Guide to pesticide classes”, which describes the Pesticides Act and Ontario Regulation 63/09. It concerns Ontario, Canada. Other provinces and territories set their own rules, which are outside the scope of this article. The Ontario guide itself says that it should not be construed as legal advice and that, in a conflict with the Act or Regulation, the legal requirements apply.
Two layers of control (Canada and Ontario)
The guide says management of pesticides in Canada is a joint responsibility of federal and provincial or territorial governments. Health Canada’s Pest Management Regulatory Agency registers pesticides under the federal Pest Control Products Act, while Ontario regulates their sale, use, storage, transportation and disposal, including licences and permits. Amendments to the Act and Regulation made in 2020 aligned Ontario’s classification with the four federal classes: Manufacturing, Restricted, Commercial and Domestic. The Ontario-specific classification process was eliminated, so a federally registered pesticide can be sold and used in Ontario immediately, and the guide states that the cosmetic pesticides ban and its related requirements have generally been maintained. A single Allowable List of active ingredients replaced the former list of Class 11 pesticides.
What is banned for cosmetic use (Ontario)
The province’s page says that by law certain pesticides cannot be used to kill weeds and insects on lawns, vegetable and ornamental gardens, patios, driveways, parks and schoolyards. It names ingredients that cannot be used, including 2,4-D, diazinon and glyphosate. The stated reason is that these pesticides may pose an unnecessary risk to human health, particularly children’s health.
What is allowed (Ontario)
For cosmetic purposes, only pesticides that contain solely active ingredients on the List of Active Ingredients Authorized for Cosmetic Uses (the Allowable List) can be used. The page gives common household examples of such ingredients:
- borax;
- corn gluten meal;
- soap; and
- sulphur.
It describes the permitted products as including biopesticides and certain lower-risk pesticides.
Health and safety exceptions (Ontario)
The province’s page says pesticides can also be used to protect health or safety from certain pests. Its list includes wasps and mosquitoes, plants that are poisonous by touch such as poison ivy and giant hogweed, fleas or ticks that bite pets, indoor pests, rodents or pests that can cause structural damage to the home, and rodents that may spread diseases. For anyone weighing a professional pest treatment, that list matches the situations covered by this site’s guides on choosing a pest controller and integrated pest management.
Controlled sales pesticides (Ontario)
Some pesticides are controlled sales products. The page says these are not readily available on store shelves and typically need to be specially requested. A buyer must speak to a store manager, since products can be locked, and read the information sheet provided by the seller and follow its instructions for allowed use. For restricted controlled sales products, such as bear repellents, the buyer must be 18 or older, and a licensed seller gives an information sheet and keeps a record of the sale including the buyer’s name, address, the amount and a signature.
Disposal and reporting (Ontario)
The province advises never putting pesticides in the garbage and never pouring them down a drain or sewer. Empty containers can be wrapped in newspaper. Stewardship Ontario runs the “Make the Drop” programme, which lets residents search for a facility that accepts household hazardous waste containers and items. Anyone unsure how to dispose of a particular pesticide is directed to a local ministry district office. Suspected use of a banned pesticide can be reported to a local ministry district office in business hours, and after hours to the Pollution Hotline on 1-866-MOE-TIPS or the Spills Action Centre on 1-800-268-6060.
Common questions
Can glyphosate be used on an Ontario lawn to remove weeds? The province lists glyphosate among ingredients that cannot be used for cosmetic purposes on lawns and gardens.
Can a wasp nest be treated? The page lists wasps among the pests that pesticides can be used against to protect health or safety.
Does the ban apply to the whole of Canada? The Ontario pages cover Ontario only, and other provinces have their own rules.
Are borax-based products covered by the ban? The province lists borax among common household examples of ingredients on the Allowable List, so products containing only allowed ingredients are not banned for cosmetic use.
Are indoor pests covered by the ban? The province’s list of health and safety uses includes indoor pests, rodents and pests that can cause structural damage to the home.
Where should leftover product go? The province says pesticides should not go in the garbage or down a drain, and points residents to household hazardous waste facilities such as those found through the Make the Drop programme.
The bottom line
In Ontario, cosmetic use of pesticides on lawns, gardens, patios, driveways, parks and schoolyards is banned, apart from products whose only active ingredients are on the Allowable List. Health and safety uses, including wasps, rodents, fleas and ticks on pets, indoor pests and pests that can damage structures, remain allowed. Federal registration comes first, Ontario controls sale, use and disposal, and unused products should go to household hazardous waste facilities rather than the garbage or a drain.
Sources
- Government of Ontario, “Pesticides (home lawns and gardens)”
- Government of Ontario, “Guide to pesticide classes”