Overview of Ontario Regulation 63/09 Under the Pesticides Act: New Requirements Related to Pollinator Health Ministry of the Environment and Climate Change and Ontario Ministry of Agriculture, Food and Rural Affairs

2 Declining Pollinator Health 2 In North America and internationally, there is a growing concern about the state of health for managed honey bees and wild pollinators. A particular concern is the death rates of honey bees and the decline in numbers of many pollinators. The long-term sustainability of Ontario’s food system and productivity of the natural environment may be affected. The growing science on pollinator health tells us that declines are related to complex relationships that act together to reduce populations.

3 A Pollinator Health Action Plan is being developed to address the four key stressors affecting pollinator health. Objective: To improve the state of health of pollinators in Ontario, and To strengthen pollinator populations in order to promote a sustainable food supply, healthy ecosystems and strong economy. Targets: The plan will be a critical element to achieving the aspirational targets set for pollinator health: to reduce the over-winter honey bee mortality rate to 15 per cent by 2020; and to reduce the number of acres planted with NNI-treated corn and soybean seed by 80 per cent by Pollinator Health Action Plan

4 Global scientific research indicates that widespread use of NNI’s is contributing to acute bee deaths and a general decline in pollinator health through sub-lethal levels of exposure. NNI-treated seeds are often widely used, without having evidence of pest problems. Ontario grows approximately 2.5 million acres each of corn and soybean. Use of NNI- treated seed has reached close to 100 per cent for corn and 60 per cent for soybeans. As a first step, new regulatory requirements are effective July 1, 2015 to help reduce the number of acres planted with NNI-treated corn and soybean seed. The new regulatory requirements set out a series of rules for the sale (by seed vendors) and use (by growers) of NNI-treated corn and soybean seed which will be phased-in between 2015 and NNI Regulation (O. Reg. 63/09 Amendments)

5 Key areas include: A new class of pesticides (Class 12) for corn and soybean seeds treated with 3 neonicotinoids (NNIs): imidacloprid, thiamethoxam and clothianidin Use and sale of Class 12 pesticides Custom Seed treating services Methods for growers to assess if pest problems meet thresholds for use of Class 12 pesticides Professional Pest Advisors O. Reg. 63/09 Amendments

6 Class 12 pesticides rules do not apply to: storage and transportation scientific research Corn Rules apply to grain corn and do not apply to popping corn, sweet corn or corn used for the production of seed. Soybean Rules do not apply to soybeans grown under a seed production contract for producing seed crops of certified status (refer to Seeds Regulations made under the Seeds Act (Canada)) Every person needs to keep a copy of the seed production contract for a period of at least two years after the contract expires. O. Reg. 63/09 Amendments – Application

7 Integrated Pest Management training is one key regulatory component for growers. By August 31, 2016, all growers purchasing and planting Class 12 pesticides are required to have successfully completed a course on IPM for corn and soybean and pollinator protection –Note that for the 2016 growing season, you don’t need to be IPM-certified in order to purchase or plant Class 12 pesticides –Note that an IPM-certified person may supervise up to 7 persons planting Class 12 pesticides University of Guelph, Ridgetown Campus will offer IPM courses to growers and others beginning November, 2015 and on a continual basis at various locations throughout Ontario and online. –Course marketing and registration will begin September, Participants will not have to pay for the course if completed before September Following successful completion of the course, a certification number will be given (valid for five years). Integrated Pest Management is an approach to managing pests in a way that is environmentally sustainable and economically viable. IPM uses all available strategies to reduce pest damage with emphasizes on pest prevention and promotes the integration of cultural, mechanical and biological solutions along with chemical control strategies. IPM reduces the reliance on pesticides to manage crops. Corn and Soybean Growers: IPM

8 From August 31, 2015 to August 30, 2016, in preparation for the 2016 planting season, growers will have the option to take one of two courses of action to purchase and use neonicotinoid-treated corn and/or soybean seed, depending on the amount they intend on planting: –Provide a Seed Amount Declaration, which states that the grower will not plant more than 50% of the total area of land where they plant corn or soybeans in their farm operation with Class 12 pesticides (completed separately for each of corn and soybeans). –If a grower wishes to plant more than 50% of the total area with Class 12 pesticides in 2016, the grower will need to complete a Inspection of Soil - Pest Assessment Report. On and after August 31, 2016 (e.g. for the 2017 Growing Season and subsequent years) a grower will need to provide the following three documents in order to purchase Class 12 pesticides: – An IPM written declaration form stating that the grower has considered IPM principles and determined a need to purchase Class 12 pesticides (effective Aug.31, 2016). –IPM certification –A Pest Assessment Report: two pest assessment methods and reports have been developed: Inspection of Soil to confirm that grubs or wireworms are present in soil at threshold levels. Inspection of a Crop to confirm damage to crops from specific pests of corn and soybean are at threshold levels. The Guideline Conducting a Pest Assessment for Use of Class 12 Pesticides outlines the methodologies and thresholds for pest presence or pest damage. Corn and Soybean Growers: Purchase and Use

9 Key timelines and related documentation that may be required: 2015 Growers choosing to purchase Class 12 pesticides for use on 50% or less of their corn and soybean acreage need to complete the Seed Amount Declaration after August 31, Growers choosing to purchase Class 12 pesticides for use on more than 50% of their corn and soybean acreage need to provide an Inspection of Soil - Pest Assessment Report after August 31, Have successfully completed the training course on IPM for corn and soybeans to purchase and use Class 12 pesticides (required as of August 31, 2016). Provide an IPM Written Declaration form stating that IPM principles have been considered to purchase Class 12 pesticides (required as of August 31, 2016). Purchasing Class 12 pesticides – need to provide an Inspection of Soil OR Inspection of Crop Pest Assessment Report (latter must be completed by a professional pest advisor (PPA) on or after March 1, 2016) Same as 2016 requirements to purchase and use Class 12 pesticides with added requirement for a PPA to prepare an Inspection of Soil - Pest Assessment Report (phased in over three year period - for counties refer to Schedules 1, 2 & 3 of O. Reg. 63/09) Corn and Soybean Growers: Key Timelines

10 Professional Pest Advisors Geographical Regions for Professional Pest Advisors

11 Growers must keep records on use of Class 12 pesticides –For example, date of use, location of the farm property, a sketch of the farm property, amount used (in kg), unique name or other unique identifier of the Class 12 pesticide Growers must keep records of the use of Class 12 pesticides and copies of pest assessment reports and other relevant documents for two years. Existing federal use requirements remain in place and may be updated over time –Growers must follow the pesticide label and seed tag instructions for Class 12 pesticides which may include: minimize dust emission use a dust-reducing fluency agent if a seed flow lubricant is being used avoid equipment maintenance in areas that may affect bee colonies or where bees are foraging. Corn and Soybean Growers: Use

12 Growers planting Class 12 pesticides at their farm operations may supervise, at any one time, up to 7 persons. Supervisor must carry or have readily available at the application site: –Identification card issued by University of Guelph, Ridgetown Campus confirming successful completion of the IPM training course –Documentation required for the use of Class 12 pesticides in the areas set out in the pest assessment report Supervisor must: –Select the pesticide, the application area or the application rate of the pesticide –Prepare a record of each Class 12 application –Provide the supervised person with written instructions for the proper use of the Class 12 pesticide and ensure that the instructions are readily available at the application site –Be present at the application site or available for immediate response to attend at the application site to respond to an emergency situation within a reasonable time period –Keep records of use and copies of written instructions and pest assessment reports or other required documents for two years Corn and Soybean Growers: Use (cont’d)

13 Three designations have been identified as meeting the qualifications to provide the services of a PPA: –A person certified as a Certified Crop Advisor (CCA) by the Ontario Certified Crop Advisor Association –A person registered as a member under the Ontario Institute of Professional Agrologists Act, 2013, if the person’s field of practice relates to the production, processing and protection of agricultural, horticultural and related products and supplies; or pest control –A person who holds an authorizing certificate issued by an out-of province regulatory authority if the person’s field of practice related to the production, processing and protection of agricultural, horticultural and related products and supplies; or pest control. Individuals may also apply to the MOECC for approval of equivalent qualifications. Professional Pest Advisors (PPA)

14 An inspection of a crop pest assessment must be conducted by a professional pest advisor. An inspection of soil pest assessment must be conducted or supervised by a professional pest advisor every 3 years – this will be phased in between 2017 and 2020 (see Slides 9 and 10 ). As of August 31, 2017, a professional pest advisor cannot derive a financial benefit from a person who manufactures or sells a Class 12 pesticide or a pesticide that is used to treat a seed so that it becomes a Class 12 pesticide. A professional pest advisor that is supervising an inspection of soil pest assessment: –must be present at the farm property –may not supervise more than seven persons –must ensure the supervised person is properly trained A supervised person may not be the owner/operator of the agricultural operation that is the subject of the inspection of soil pest assessment. Professional Pest Advisors (PPA) cont’d

15 If you are in the business of selling NNI-treated corn or soybean seeds, there are specific rules to follow: when advertising, indicate whether corn and soybean seeds advertised for sale are treated with 3 NNIs: imidacloprid, thiamethoxam or clothianidin. when advertising, indicate that corn and soybean seeds not treated with imidacloprid, thiamethoxam or clothianidin are available for sale. submit annually to the Ministry of the Environment and Climate Change (MOECC) a list of all Class 12 pesticides that you intend to offer for sale. provide annual sales report for sales of Class 12 pesticides and non-NNI treated corn and soybean seeds to the MOECC provide pest assessment reports provided to you to the Minister, Agriculture, Food and Rural Affairs annually. Sales: Treated Seed Vendors

16 A Direct-to-Farm Vendor is a person –who is not a licensed vendor –whose name is on a list provided to the Director by the Treated Seed Vendor from whom the Direct-to-Farm Vendor purchases Class 12 pesticides –who only sells Class 12 pesticides to IPM-trained persons who will use the pesticide - i.e. purchasers cannot be a vendor – though a Direct-to-Farm Vendor is allowed to “sell back” to the original vendor A Direct-to-Farm Vendor does not need a vendor’s licence if the Direct-to-Farm Vendor buys Class 12 pesticides from a Treated Seed Vendor, collects the certain sales information (see slide 8 and 9) and provides that information to the Treated Seed Vendor from whom the Direct-to-Farm Vendor purchased Class 12 pesticides. A Direct-to-Farm Vendor must prepare sales records and keep records for 2 years. Sales: Direct-to-Farm Vendors

17 A treated seed sales representative of a Treated Seed vendor has direct contact with purchasers of Class 12 pesticides, and facilitates the sale or transfer of Class 12 pesticides on behalf of Treated Seed vendor. Sales representatives must: Carry company identification provided by a Treated Seed Vendor Receive training from the Treated Seed vendor Verify that purchasers of Class 12 pesticides have provided required documentation when orders are placed and provide copies of the documentation to the Treated Seed Vendor. Keep records of sales and copies of required documentation for at least 2 years Sales: Sales Representatives for Licensed Vendors

18 Custom seed treaters are not vendors(i.e., do not sell or transfer Class 12 pesticides) but provide a service of treating corn and soybean seed with a pesticide that contains imidacloprid, clothianidan or thiamethoxam (i.e. producing Class 12 pesticides). Growers requesting seed treating services must provide the required documentation to a custom seed treater who must provide written confirmation that all documents were received. Custom seed treaters must keep records of seed treating services and copies of required documentation for at least 4 years. No later than October 31, 2016, and each subsequent year, custom seed treaters must submit: – Annual summary of seed treatment services provided for the previous 12-month period (August 30 to August 31 of that year) to the MOECC Director. –Copies of pest assessment reports provided to them for the previous 12-month period (August 30 to August 31 of that year) to OMAFRA (Minister). Custom Seed Treating Services

19 January 31, 2017 MOECC to post the public aggregate list of all sales or seed treating reports October 31, 2016 – beyond - Pest Assessment Reports due to OMAFRA (August 31 – August 30) - Sales or Seed Treating Records due to MOECC (August 31 – August 30) Aug 31, 2016 IPM certification is required August 31, beyond - Class 12 sale and use requirements in effect and the list is posted by MOECC on ontario.ca; - IPM course is available in the fall 2015 July 1, Obtain Treated Seed Vendor licence, include names of Treated Seed Reps and provide notice about Direct-to-Farm Vendors (Direct to Farm Vendor notices can be provided at any time) - Provide MOECC with annual list of Class 12 pesticides for sale over 12 month period (by July 31 each year) July 1, 2015 Regulatory amendments took effect Overall Timelines

20 You can find additional information: Fact sheets available at ontario.ca: What farmers need to know Forms available at ontario.ca Seed Amount Declaration Planting Season Integrated Pest Management (IPM) Written Declaration Inspection of Soil - Pest Assessment Report Inspection of a Crop – Pest Assessment Report Application for a Vendor Licence for Pesticides Sales List of Class 12 Pesticides Submission Sales and Transfer Report Form – Treated Seed Vendor Custom Seed Treater – Record of Seed Treating Service List of Class 12 pesticides Additional Resources for Growers

21 For more information Ontario Ministry of the Environment and Climate Change Tel: TTY: Ontario Ministry of Agriculture, Food and Rural Affairs Tel: TTY More Information for Growers