Aerial Spraying Regulatory Enforcement 

Res #: 9-24A
Number: 9
Year: 2024
Midterm: No
Expired: No
Responses Received: Yes
Departments: Saskatchewan Ministry of Agriculture

WHEREAS The Pest Control Products (Saskatchewan) Act states:

15(1) A person who is dissatisfied with a decision of the minister under this Act may within thirty days after the date of the decision request the minister in writing sent by registered mail to arrange a hearing of an appeal against the decision.

WHEREAS the 30-day limitation as per the Saskatchewan Pest Control Products Act and the associated Pest Control Products Regulations (2015) for submitting a complaint is too restrictive as damage in the case of fall applications may take several months to become evident.

BE IT RESOLVED that the timeline to submit a claim be extended from 30 days to 12 months.

Responses From: Saskatchewan Ministry of Agriculture

March 25, 2024

The MoA regulates licensed pesticide applicators in Saskatchewan under The Pest Control Products (Saskatchewan) Act and Regulations and is responsible for investigating complaints related to pesticide misapplication, misuse, or unsafe practices in the province by licenced applicators.

MoA requires that all pesticide misuse complaints be in writing and submitted within 30 days of the incident occurring to allow the ministry to gather evidence without delay to conduct a thorough investigation. Without sufficient information and evidence, the MoA may not be able to investigate in a science-based manner.

The 30-day time limit to submit complaints is not a legislative requirement but an MoA policy. Reporting pesticide-related incidents promptly aids the MoA in determining the cause of the incident, assessing the severity of the impact, and taking any necessary steps to mitigate further risks, such as compliance enforcement with a licensed applicator. With time, other factors such as climatic conditions can cause damage to vegetation, and it would be very difficult to impossible to definitively determine if pesticide application was the cause of the damage to the vegetation once significant time has passed since the pesticide was applied.

The MoA 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. Compensation for damage related to a pesticide-related incident is a civil matter worked out between the complainant and the applicator.

Hon. David Marit – Minister of Agriculture