O. Reg. 798/21: GENERAL

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ontario regulation 798/21

made under the

Pesticides Act

Made: November 25, 2021
Filed: November 26, 2021
Published on e-Laws: November 29, 2021
Printed in The Ontario Gazette: December 11, 2021

Amending O. Reg. 63/09

(GENERAL)

1. Section 93 of Ontario Regulation 63/09 is revoked and the following substituted:

Insurance requirements

93. (1) In this section,

“commercial general liability coverage” means insurance coverage to pay for damages and legal costs arising out of claims for damages made against the operator in respect of property damage or injury or death of a person other than an employee that occurred in the course of operating the extermination business but does not include pollution liability coverage; (“couverture en matière de responsabilité civile générale”)

“employers’ liability coverage” means insurance coverage to pay claims made against the operator by employees in respect of work-related illness, injury or death; (“couverture en matière de responsabilité patronale”)

“pollution liability coverage” means insurance coverage to pay for damages and legal costs arising out of claims for damages made against the operator in respect of property damage or injury or death of a person other than an employee that occurred as a result of the handling, storage, use, disposal or display of a pesticide in the course of operating the extermination business; (“couverture en matière de responsabilité découlant de la pollution”)

“Schedule 1 employer” and “Schedule 2 employer” have the same meaning as in the Workplace Safety and Insurance Act, 1997. (“employeur mentionné à l’annexe 1”, “employeur mentionné à l’annexe 2”)

(2) Every operator shall maintain the following insurance coverage in respect of each extermination business it operates:

1. Employers’ liability coverage in the amount of at least $1,000,000 for all claims under the insurance in respect of the same occurrence.

2. Commercial general liability coverage in the amount of at least $2,000,000 for all claims under the insurance in respect of the same occurrence.

3. Pollution liability coverage in the amount of,

i. at least $1,000,000 for all claims under the insurance in respect of the same occurrence, or

ii. if the extermination business carried on by an operator involves no exterminations other than exterminations performed by aerial application, at least $150,000 for all claims under the insurance in respect of the same occurrence of off-target pesticide deposition.

(3) Paragraph 1 of subsection (2) does not apply in respect of an extermination business if,

(a) the extermination business is a Schedule 1 employer or a Schedule 2 employer; and

(b) the operator pays all premiums and other amounts due under the Workplace Safety and Insurance Act, 1997.

(4) An extermination business relying on the exemption in subsection (3) shall, on request, produce proof of clauses (3) (a) and (b) to the Director or to a provincial officer.

(5) If an extermination business performs exterminations by both aerial and non-aerial application, the amount of the coverage referred to in subparagraph 3 i of subsection (2) must include at least $150,000 for all claims under the insurance in respect of the same occurrence of off-target pesticide deposition.

(6) An insurance policy that provides the coverage referred to in subsection (2) must,

(a) specify that at least 30 days before the cancellation of the insurance policy takes effect, the insurer shall provide notice of the cancellation to the Director by registered mail; and

(b) provide that, despite any act or default of the operator which might make the policy void or give the insurer a defence to an action by the operator, the insurer shall pay a claim covered by the insurance policy to a person who has received judgment in respect of the claim but the insurer retains the right to recover the payment from the operator.

Commencement

2. This Regulation comes into force on the day it is filed.

 

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