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"Point in Time" Regulation Content

Public Health Act

West Nile Virus Control Regulation

B.C. Reg. 357/2004

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Regulation December 2, 2011
Section 1 January 14, 2010

 Regulation BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

B.C. Reg. 357/2004
O.C. 801/2004
Deposited July 23, 2004

Public Health Act

West Nile Virus Control Regulation

 Definitions

1  In this regulation:

"Act" means the Public Health Act;

"pesticide application order" means an order made under section 3 to apply pesticides;

"pesticide use authority" means

(a) a licence issued under section 4 of the Integrated Pest Management Act,

(b) a permit issued under section 6 of the Integrated Pest Management Act,

(c) a pest management plan and a pesticide use notice prepared, and a confirmation received, under section 7 of the Integrated Pest Management Act, or

(d) any other record under the Integrated Pest Management Act

that authorizes the minister to use pesticide products for the purpose of controlling mosquito species in areas of British Columbia where there is a risk to human health from West Nile Virus.

[am. B.C. Regs. 98/2006, s. (a); 4/2010, s. 2.]

 West Nile virus prescribed as health hazard

2  The following are prescribed as health hazards for the purpose of this regulation:

(a) the West Nile virus;

(b) any agent or condition that transmits, or contributes to the transmission of, the West Nile virus.

 Pesticide application order

3  (1)  The provincial health officer or a medical health officer may order a local government to apply pesticides to any area within the jurisdiction of the local government if satisfied that the application of pesticides is necessary to protect the public health through the prevention or removal of a health hazard prescribed in section 2.

(2)  A person issuing a pesticide application order must

(a) serve the order on the local government,

(b) state in the order the time by which the local government must comply with the order,

(c) set out in the order any conditions of a pesticide use authority that the person requires the local government to comply with, and

(d) provide the local government a copy of a pesticide use authority.

(3)  A person issuing a pesticide application order may authorize, in the order, the application of pesticides to private property, with or without the consent of the owner or occupant of the property.

[am. B.C. Reg. 98/2006, s. (b).]

 Local government compliance

4  (1)  A local government that is served with a pesticide application order must

(a) comply with the order on or before the date set out in the order,

(b) comply with any conditions set out under section 3 (2) (c), and

(c) provide to the person who issued the order any information or assistance required by that person to comply with any other conditions of the pesticide use authority.

(2)  to (4) Repealed. [B.C. Reg. 49/2009, s. 2 (h).]

[am. B.C. Regs. 98/2006, ss. (b) and (c); 49/2009, s. 2 (h).]

[Provisions of the Public Health Act, S.B.C. 2008, c. 28, relevant to the enactment of this regulation: sections 111 and 114]

 Section 1 definition (part) of "pesticide use authority" BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

that authorizes the Minister of Health to use pesticide products for the purpose of controlling mosquito species in areas of British Columbia where there is a risk to human health from West Nile Virus.