Permit applicant guide for private land: controlling mosquito larvae for prevention
Guide for submitting a permit o use a pesticide (i.e., larvicide to control mosquito larvae) for the prevention or control of West Nile Virus (WNV) on private land when supported by the local Medical Officer of Health (MOH).
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Copyright: Queen’s Printer for Ontario, 2011
This publication may be reproduced for non-commercial purposes with appropriate attribution
This permit applicant guide outlines the requirements for submitting a permit (see Appendix 1) to use a pesticide (i.e., larvicide to control mosquito larvae) for the prevention or control of West Nile Virus (WNV) on private land when supported by the local Medical Officer of Health (MOH). Private land includes but is not limited to:
- shopping centres
- schools and school boards
- apartment complexes, condominiums, townhouse complexes
- residential, farm, commercial and industrial properties
- recreational lands (e.g., conservation authorities, zoos, amusement parks etc.);
- Crown Land and associated properties
- utility company right of ways, rail lines or road ways
- other private land that is not included in a municipal or Health Unit WNV program.
Public notification requirements for WNV larvicide programs are included in this guide (see Appendix 2).
note: This guide does not include mosquito larvicide programs intended for nuisance control or procedures for persons who are exempt from an exterminator’s licence and a use permit for the purchase of a pesticide for use in a water extermination.
Ontario Regulation 63/09 under the Pesticides Act requires:
- a person to obtain a permit approved by the Director under the Act, authorizing that person to apply a pesticide to a water body to control a pest (referred to as a water extermination).
- a licensed exterminator holding a Mosquito/Biting Flies or Aerial licence to obtain a permit approved by the Director under the Act, authorizing that exterminator to apply a pesticide to a water body.
Any person who owns land, is the occupant or is a full-time employee of the land owner or occupant is not required to obtain a permit to use a larvicide in a water body located on the land if the water body is wholly located within the boundaries of his or her land and has no direct or indirect outflow, other than by percolation, beyond his or her land boundary. This permit exemption does not include catch basins (since they drain off of the land to municipal storm drain systems) or road side ditches (unless the land owner is responsible for the ditch and it has no flowing water). Note: if the larvicide is a Class 3 product (see Appendix 3) the person, if not the holder of a Mosquito/Biting Flies licence, will not be able to purchase the larvicide unless he or she obtains a letter from the Director under the Act (ss. 98(2)5 of O. Reg. 63/09).
Completed permit application forms and support documentation must be submitted to the Regional Pesticides Specialist (See Table 1 for office locations) responsible for the county in which the pesticide application will take place.
2.0 Mosquitoes as Vectors of West Nile Virus (WNV)
The risk assessment made to determine whether or not WNV may impact people is based on numerous factors. Mosquito species identification and their numbers are part of this risk assessment and will determine the location and timing of larvicide applications, in order to disrupt the transmission cycle of WNV.
Culex pipiens and Cx. restuans are two mosquito species that feed predominately on birds but will occasionally bite humans and other mammals. Culex mosquitoes over-winter as adult females and possibly over-winter infected with WNV. It is also possible that migratory birds also return to Ontario infected with the virus. In early spring, the pre-mated Culex females that have survived the winter (mortality rate is high) disperse from over-wintering sites in sewers, outbuildings, subterranean enclosures and basements to feed on the blood of birds (especially nestlings). Culex mosquitoes feed mainly after sunset and before dawn.
In Southern Ontario, Cx. pipiens and Cx. restuans are known to be the species of importance in maintaining and amplifying WNV in the bird population. After feeding on the blood of birds, female Culex deposit their eggs in containers, catch basins, grassy roadside ditches, tire ruts, rain barrels, swimming pool covers, stored boats or other containers that hold stagnant water. A favourable breeding site in early spring for Culex mosquitoes is inside cups, pop cans, plastic bottles, plastic bags, abandoned tires and other litter. Cx. restuans females emerge earlier than Cx. pipiens and the discarded containers that hold snow melt waters and spring rains provide an attractive incubated breeding site. Discarded litter should be collected and properly disposed of in early spring to reduce potential breeding sites.
Several overlapping generations of Cx. pipiens or Cx. restuans may be present from April to August depending on temperature and breeding site abundance. The majority of adult Culex females that develop in mid to late August do not blood feed before mating and seeking over-wintering sites (winter diapause). Culex females that develop from mid-summer broods may take numerous blood meals from WNV infected birds and when biting mammals infect the mammals with the virus.
WNV appears to be lethal to many birds in the family Corvidae (e.g., American crows, ravens and jays) and the presence of WNV-positive dead birds is the often the first sign that WNV is present and spreading through the local bird population (known as enzootic amplification). Cx. restuans is likely the key enzootic species involved in the early season amplification of WNV in the bird population. Urban sparrow, robin and starling populations may be potential reservoirs for WNV. Later in the season Cx. pipiens is the predominant species breeding in stagnant water in catch basins, surface water and containers. WNV may spill over from the bird population to humans if Cx. pipiens feed on the blood of a WNV infected bird and then bite people.
Controlling Culex mosquitoes in the early spring in surface waters to reduce the amplification of WNV in the bird/mosquito cycle and throughout the summer in catch basins to prevent the spill over of WNV to human populations should be considered as part of an integrated mosquito management program.
The use of larvicides should be considered as part of an integrated mosquito management program that includes:
- public education and awareness campaigns that promote personal protection
- mosquito breeding site reduction on private and public land
- removal and proper disposal of discarded tires and other containers that hold stagnant water, and
- monitoring and surveillance programs
Larviciding programs targeting Culex spp. should be considered, based upon a local risk assessment, through early spring to mid summer in stagnant surface water bodies such as ditches and in early spring to late summer in catch basins to greatly reduce mosquito larvae development.
Larviciding should be targeted to those catch basins that have high organic content due to a close proximity of trees or lawns which may contribute leaves and grass clippings. In general, catch basins located along major roadways and in parking lots do not have high organic content and therefore mosquito larvae are likely to be in lower numbers.
Other species of mosquitoes that are predominant in summer months, such as Aedes vexans, Coquillettidia pertubans and less common species such as Culex salinarius, Ochlerotatus trivittatus, Och. triseriatus, Och. stimulans, Anopholes punctipennis and An. walkeri may act as bridge vectors transmitting WNV from infected birds to humans. A. vexans breeds predominately in temporary pools created by rainfall (e.g., roadside ditches, flooded pastures) and adults are present from May to first hard frost. C. pertubans has one generation per year and breeds in cattail marshes. Cx. tarsalis, which is the primary enzootic species of WNV in western Canada, has been found in Northern Ontario and parts of Southern Ontario. Ochlerotatus japonicus, a potential bridge vector species, has also been tested positive for WNV in southwest Ontario.
If adult mosquito trap surveillance indicates that bridge vectors have a high rate of virus infection then it may be necessary to initiate larviciding programs to target these specific species. Larviciding through late spring to early fall of temporary pools created by rainfall will control A. vexans larvae from developing into adult mosquitoes. This should lower the risk of humans developing WNV from summer biting mosquitoes. The control of C. pertubans in cattail marshes is very difficult. The larvae do not surface feed but attach to hollow cattails to breathe and filter feed below the surface therefore the larvicide often does not contact the larvae.
3.0 Pesticide Regulations
The management of pesticides is a joint responsibility of the federal and provincial governments. Health Canada’s Pest Management Regulatory Agency (PMRA) is responsible for assessing pesticides to determine if they are acceptable in terms of safety, merit and value. Pesticides approved by PMRA are granted registration which allows them to be sold and used in Canada.
The Ministry of the Environment (MOE) regulates the sale, use, transportation, storage and disposal of federally registered pesticides in Ontario under the Pesticides Act and Ontario Regulation 63/09. There are 11 classes of pesticides in Ontario Regulation 63/09 and these, the pesticide product information system database, the Act and the Regulation are available on the Ministry of the Environment’s Pesticide licences and permits website. The class determines who can sell or use the pesticide product and what restrictions (e.g., requires a licence and/or permit) are placed on its use. Appendix 3 provides a list of currently classified larvicides for use under permit for WNV in Ontario.
4.0 Private Land WNV Prevention and/or Control Programs
Owners of private land (e.g., shopping centres, school boards, apartment complexes, residential, farm, commercial and industrial properties, utility company right of ways, rail lines etc.) or managers of recreational lands (e.g., conservation authorities, zoos, amusement parks etc.) or administrators of Crown Land (e.g., Management Board Secretariat, Ministry of Natural Resources, Ministry of Transportation, Ontario Realty Corporation, Hydro One, federal agencies etc.) may conduct a larviciding program in water bodies located on land they own or manage if authorized by the local MOH.
A mosquito control program would likely be initiated to support and compliment a municipal or Health Unit program that is authorized by a local MOH or is ordered under Section 13 of the Health Protection and Promotion Act (HPPA) in an urban area. A permit application that is authorized by a health hazard order, issued by the local MOH, will be considered as a very high priority by MOE.
note: Catch basins located on private land normally drain into a public storm drain system and therefore written authorization must be obtained from the proper jurisdiction (e.g., town, city or municipality) and accompany any permit application in order to use a larvicide in a catch basin. Ditches in front of private land abutting public roads are considered easements and are the property of the town, city or municipality and written authorization to apply a larvicide into these surface water bodies must also accompany a permit application form. See Section 4.4.
A permit application form may be submitted by:
- a licensed exterminator contracted by a private land owner
- a private land owner who holds an appropriate exterminator’s licence
- a full-time employee, who holds an appropriate exterminator’s licence, of a private land owner.
The written authorization or a HPPA health hazard order from the local MOH must accompany the permit application form. Please note that this authorization may have the following conditions:
- Application of larvicide to water bodies on private land can occur only if the water body cannot be drained or modified (i.e., cost prohibitive or water body is a sensitive area).
- The licensed exterminator must provide in writing a copy of all permits. The information submitted must identify clearly the addresses of the private lands and the type of water bodies intended to be treated with a mosquito larvicide before the larviciding program begins.
- Copies of the year end reports (summary reports) submitted to the MOE, when completed, for all permits issued must also be submitted to the Health Unit.
MOE encourages early submission (e.g., early April) of completed permit application forms and supporting documentation. Submissions will be reviewed and considered for approval subject to site-specific terms and conditions.
Applicants may “combine” treatment sites under a single permit. For example, if a licensed exterminator has contracted a school board within a Health Unit to apply larvicide to catch basins on 23 schools and larvicide to 5 ponds located at 5 schools then two permit applications must be submitted - Form 1866 for all catch basins on the school board land and Form 1867 to include the 5 ponds. For condominium complexes, several properties may be bundled under one permit application provided they are all located within the same Health Unit.
Dead bird surveillance, adult mosquito trapping, larvae surveys and mapping have been very important tools for determining the need for larviciding programs. Municipalities and Health Units are encouraged to conduct surveillance and monitoring programs. Dead bird surveillance has been discontinued in Ontario. If not already carried out in the previous year, municipalities and Health Units should begin in early spring to conduct human surveillance and larvae monitoring to determine if a larviciding program is warranted. Adult mosquito surveillance should also be conducted starting in mid-June.
4.2 Licensing Requirements and Technicians
A pest management company requires an Operator’s licence in order to run a business that uses pesticides to control pests. A pest management company that provides a service to control mosquito larvae is conducting a water extermination. This requires at least $1 million in third-party liability insurance and other insurance requirements prescribed in Ontario Regulation 63/09. In addition, the company must ensure that its insurance policy allows for the use of pesticides in water (i.e., the policy has no exclusion for water exterminations). An Operator must hire appropriately licensed exterminators to carry out the larviciding program.
Private land owners that intend to use a larvicide in a water body located on their land are not required to obtain an Operator’s licence if their full-time employees are appropriately licensed and apply the larvicide.
A WNV larviciding program must be conducted by an appropriately licensed exterminator holding one of the following valid licenses:
- Mosquito/Biting Flies for ground equipment application of a larvicide
- Aerial for aircraft application of a larvicide
An appropriately licensed exterminator may indirectly supervise (i.e., visit the extermination site at least once per week) up to 7 technicians. See s. 46 of Ontario Regulation 63/09 under the Pesticides Act regarding the restrictions on the use of pesticides by persons supervised by a licensed exterminator.
4.3 Permit Submission
Private land owners may decide to submit a permit application in order to conduct larviciding programs based upon scientific/health related data such as real time mosquito surveillance activities or past year’s surveillance data.
MOE will only consider the use of larvicides containing methoprene, Bacillus thuringiensis var. israelensis (Bti) or Bacillus sphaericus (B. sphaericus) under permit for the control of WNV.
Permit application forms and support documents for larviciding should be submitted separately for any of the following four types of larviciding programs:
- Catch basins/storm drains:
- Methoprene and B. sphaericus products will be considered for application to catch basins/storm drains since these are high in organic content and suspended silt and it is unlikely that nontarget aquatic organisms will be present (Note: Bti has limited efficacy in water bodies with high organic and silt content).
- Label rate for methoprene pellets is 0.7 g per catch basin (equivalent to a broadcast application rate of 11.2 kg/ha in water with a high organic matter content) based on an average surface water area of 0.6 m2. Catch basins with an average surface water area greater than 0.6 m2 would receive proportionately more of the methoprene pellets. Label rate for methoprene ingots is one ingot (briquet) per catch basin (Note: ingots are registered for use only in catch basins). Label rate for B. sphaericus water soluble pouches allows one 10g pouch per catch basin.
- A greater amount of methoprene pellets per catch basin is consistent with label directions if drainage from the catch basin is impeded and the water in the catch basin is backed up, above the level of the outlet pipe, allowing standing water in the storm sewer drain. This would be determined by a pre-treatment inspection (see Appendix 8). A review of best practices indicates that an amount of up to 3.5 g of methoprene pellets may be applied in such situations and is consistent with label directions.
- See Appendix 8 for detailed information on determining application rates.
- Ditches and Temporary Pools or Permanent Pools including storm water management ponds
- Methoprene, Bti and B. sphaericus products will be considered for application in ditches and temporary pools or permanent pools including storm water management ponds. Product selection should be considered if these water bodies support non-target aquatic organisms (Bti and B. sphaericus are very specific to mosquito larvae and only have a minimal impact on other aquatic fly larvae).
- The rate of application will be determined by the larval instar stage, target species, organic content of water etc. as indicated on product labels.
- Sensitive Areas - Wetlands, Critical Fish Habitat, Fish Sanctuary, Endangered and Threatened Species Habitat: Permit applications for Sensitive areas (see Appendix 7) will be reviewed according to the Sensitive Areas and Species Protocol developed cooperatively between the Ministry of Natural Resources and other environmental agencies (see Appendix 10).
- Bti and B. sphaericus products will be considered for use in Sensitive areas since these water bodies often support non-target aquatic organisms (Bti and B. sphaericus are very specific to mosquito larvae and only have a minimal impact on other aquatic dipterans).
- The rate of application will be determined by the larval instar stage, target species, etc., as indicated on Bti and B. sphaericus product labels.
- Sewage and sludge storage lagoons
- Methoprene and B. sphaericus products will be considered for application in sewage and sludge lagoons since these water bodies are high in organic content and it is unlikely that nontarget aquatic organisms will be present (Note: Bti has limited efficacy in water bodies with high organic content).
- A label rate for methoprene products of 11.2 kg/ha for broadcast application of pellets and 22.4 kg/ha of granules is in accordance with label directions for water with a high organic content. A rate of 5.6 to 16.8 kg of product per hectare (0.56-1.68 g of product per square metre) of water surface area is in accordance with label directions of B. sphaericus products (see Appendix 6 for determining organic content of water bodies).
4.4 Permit Submission Checklist
- obtained an approved permit since 2003 for a mosquito larvae control program for WNV and provided MOE with hard copy maps/electronic maps and/or digital mapping coordinates; and
- are applying for a permit to conduct a mosquito control program for WNV with minor changes to the proposed treatment area information must provide items 1, 2, 3, 4, 6, 7 and 8 below. Minor changes (additional or reduced treatment areas must be identified by describing the geographic area in the submission).
You are not required to resubmit maps (item 5 below) with your permit application submission, however, maps will be required with your summary report.
A new application for a permit to use a larvicide for the control of mosquito larvae as a preventative or control action against WNV must include the following information as support documentation:
- A completed permit application form (see Appendix 1). Use permit application (1866) when applying for approval to use a larvicide in catch basins and permit application (1867) when applying for approval to use a larvicide in surface water bodies.
- Proof of insurance coverage indicating that your policy allows for a water extermination.
- A copy of an order under the Health Protection and Promotion Act (see Appendix 4 - Template 1 or a letter of authorization for larviciding on public and private lands from the local MOH (see Appendix 4 - Template 2) indicating:
- A mosquito larviciding program is considered necessary or appropriate to reduce Culex restuans or Cx. pipiens larvae and prevent the enzootic amplification of WNV, based upon current data or data obtained from the previous year’s WNV-positive dead bird and/or mosquito surveillance programs in that jurisdiction or a neighbouring jurisdiction and/or
- A mosquito larviciding program is considered necessary to reduce Cx. pipiens, Aedes vexans or other mosquito species that may act as a bridge vector species for WNV from birds to humans based on data obtained from the current year’s WNV-positive dead bird/animal/human and/or mosquito surveillance programs.
note: A copy of a HPPA order or authorization letter from the MOH may be already on file with the MOE. Contact the Pesticide Specialist to determine if this is the case (see Table 1).
- A written statement from an official representative of a town, city, municipality, etc., within the jurisdiction where the private land is located, authorizing the use of a larvicide into surface water, catch basins, storm drains or ditches that are owned by the town, city, municipality etc. but are located on the private land. See Appendix 4 - Template 3.
note: This written statement is not required if an order is issued under the Health Protection and Promotion Act.
- A written statement from the private land owner/manager authorizing the use of a larvicide. See Appendix 4 - Template 4. note: This written statement is not required if an order is issued under the Health Protection and Promotion Act (e.g. to an uncooperative or absentee land owner).
- Map(s) of the treatment site. Submissions of electronic maps and/or digital mapping data are strongly encouraged. If available, please provide digital mapping data to the Regional Pesticides Specialist who will use your electronic information to generate maps for MOE purposes (depending on location within Ontario). Digital mapping coordinates and street addresses should be submitted as detailed in Appendix 9.
The minimum requirements for map elements for any type of larvicide program are as follows:
- map scale 1:25,000
- identification of all Sensitive areas (see Appendix 7 for definitions) including wetlands.
Mapping information for catch basins must include the:
- approximate boundaries of the treatment area(s) / storm sewer shed
- approximate number and approximate area of catch basins proposed for the treatment area / storm sewer shed (for schools, condominiums and other small private land sites exact locations must be provided)
- location of discharge points/outflows if catch basins are located at or near a Sensitive area
footnote *(consult with the local municipality for this information - if not available, obtain a letter from the municipality stating that catch basin discharge points/outflows are not currently available and include this letter with the support documentation).
Mapping information for ditches, temporary and permanent pools, storm water retention ponds and Sensitive areas
footnote *must include the:
- approximate boundaries of the treatment area(s)
- location of discharge points/outflows if the surface water treated is located at or near a Sensitive area (consult with the local municipality for this information - if not available, obtain a letter from the municipality stating that surface water discharge points/outflows are not currently available and include this letter with the support documentation)
- estimated total area (in hectares) proposed for treatment
For private land programs a second map detailing the site must be submitted with the permit application that includes the location of the land in relation to major intersections. This map may be a site blue print or drawing but must contain orientation (N, S, E, W), and all buildings, parking areas and Sensitive areas including:
- any creeks, streams, rivers, lakes that run through or border the land as well as any storm sewer out flows into these areas
- designation of bordering lands e.g. industrial factory, ravine, commercial business etc.
If digital mapping coordinates are submitted rather than maps, a statement regarding discharge and/or outflow must accompany the permit application.
- A description of measures that will be used to protect Sensitive areas from potential impact due to possible movement of the larvicide from the target area.
- A description of the measures that will be used to identify which catch basins have been treated with a larvicide including the number of treatments per catch basin and which ones must not be treated with a larvicide.
- Monitoring data is required for some types of larviciding programs. If monitoring is required for your program, a textual description of the methods that will be used to comply with the MOE requirements must be included. If unsure, see Section 5.0 below for required pre and post larviciding monitoring data and Section 6.0 for recommended monitoring procedures.
4.5 Summary Report Requirements
MOE approved permit conditions will require that a summary report be submitted by December 1st identifying the location(s) where larviciding treatments occurred. See Appendix 11 for summary report templates and information regarding all other submission requirements. Note: It is not necessary to use the exact format provided in these summary report templates, however, all of the information indicated in these templates must be provided. The MOE strongly encourages that all information submitted on the actual locations and/or areas of larvicide use be submitted in electronic format including digital mapping coordinates (see Appendix 9).
Larvae Monitoring Forms: Completed pre and post larviciding monitoring forms (see Appendix 5) for Sensitive areas and pre larviciding monitoring forms for ditches and temporary or permanent pools (including storm water management ponds) must be retained by the permit holder for a period of two years and be readily available upon request by the MOE. See section 5.0 below for MOE requirements. See Appendix 11 for the summary information that must be provided on pre and post larviciding monitoring.
5.0 MOE Permit Requirements for Monitoring
The methods that will be used to comply with the MOE requirements listed below must be included with the permit application support documentation.
- Catch basins/storm drains using methoprene or B. sphaericus:
- No monitoring requirements if methoprene is used (see Section 6.0 below for monitoring recommendations). MOE requires that pre-larviciding monitoring be conducted if B. sphaericus is used since label directions indicate that catch basins should be sampled to determine that mosquito larvae are present. MOE suggests that 10% of the catch basins (to a maximum of 30 catch basins) proposed for larvicide treatment be randomly selected and monitored to determine larval presence prior to treatment with B. sphaericus.
- Ditches and Temporary or Permanent pools (including storm water management ponds) using methoprene, Bti or B. sphaericus:
- MOE requires that pre-larviciding monitoring be conducted to determine organic matter content (e.g., presence of algae on water surface indicates high organic content and requires higher label rate) and/or larval instar stage (e.g., lower label rate for 1st and 2nd instars; higher label rate for 3rd and 4th instars) in order to select the proper application rate of methoprene, Bti or B. sphaericus (see Appendix 5 and Appendix 6). Note: larvae must be present in order to apply Bti or B. sphaericus.
- Sensitive areas using Bti or B. sphaericus:
- MOE requires that pre-larviciding monitoring be conducted to determine degree of organic content and larval instar stage in order to select the proper application rate of Bti or B. sphaericus.
- MOE requires that post-larviciding monitoring of 10 sites (minimum) be conducted to sample the number of larvae present within 24 to 48 hours after treatment of Bti to determine efficacy or 48 hours after treatment with B. sphaericus (see Appendix 5).
- Sewage or Sludge lagoons using methoprene or B. sphaericus:
- No efficacy monitoring requirements if methoprene is used (see Section 6.0 below for efficacy monitoring recommendations). MOE requires that pre-larviciding monitoring be conducted to determine organic matter content (e.g., presence of algae on water surface indicates high organic content and requires higher label rate) and larval instar stage (e.g., lower label rate for 1st and 2nd instars; higher label rate for 3rd and 4th instars) in order to select the proper application rate of B. sphaericus (see Appendix 5). Note: larvae must be present in order to apply B. sphaericus.
6.0 MOE Recommendations for Monitoring
MOE recommendations listed below are at the discretion of the permit holder.
- Catch basins/storm drains using methoprene:
MOE suggests that 10% of the catch basins (to a maximum of 30 catch basins) proposed for larvicide treatment be randomly selected and monitored for methoprene efficacy.
- MOE recommends pre-larviciding monitoring of catch basins to determine larval counts and evaluate a need to apply methoprene.
- MOE recommends post-larviciding monitoring of catch basins to determine pupal development to adult (refer to the methoprene product guide literature or the guidance for methoprene efficacy monitoring provided in Appendix 6).
- MOE recommends pellets and ingots be placed only in catch basin sumps that contain water. Recent studies indicate that lower water levels in a catch basin sump caused by leaf and/or silt debris provides for less water to be retained in the sump increasing the chance of pellets or ingots being flushed out during a heavy rain event.
- Ditches and Temporary or Permanent pools (including storm water management ponds) using methoprene, Bti or B. sphaericus:
MOE suggests that post-larviciding monitoring include as a minimum, several ditches, temporary pools and permanent pools and sampling around the margins at several points of these water bodies.
- MOE recommends post-larviciding monitoring of ditches and temporary or permanent pools to sample the number of larvae present within 24 to 48 hours after treatment with Bti and 48 hours after treatment with B. sphaericus or to determine pupal development to adult if using methoprene (refer to the methoprene product guide literature or Appendix 6).
- Sensitive areas using Bti or B. sphaericus:
See requirements in section 5.0 above.
- Sewage or Sludge lagoons using methoprene or B. sphaericus:
- MOE recommends pre-larviciding monitoring at 10 sites around the perimeter of sewage or sludge lagoons to determine larva counts and evaluate a need to apply methoprene.
- MOE recommends that post-larviciding monitoring at 10 sites around the perimeter of sewage or sludge lagoons to sample the number of larvae present if using B. sphaericus (see Appendix 5) or to determine pupal development to adult if using methoprene (refer to the methoprene product guide literature or Appendix 6)
7.0 Permit Conditions
Permit applications will be reviewed by the Regional Pesticide Specialists. A permit application that is complete and includes all of the required support documentation will be processed within five business days of receipt.
A licensed exterminator who is granted an approved permit to apply a larvicide must comply with the requirements of Regulation 63/09 under the Pesticides Act. In addition, the approved permit may have the following conditions:
- Larvicide use is limited to a licensed exterminator (Mosquito/Biting Flies for ground-based application or Aerial for aircraft application), or a trained Technician under the supervision of a Mosquito/Biting Flies licence holder (in accordance with Ontario Regulation 63/09 under the Pesticides Act) or a licensed exterminator who is considered a Technician in accordance with O. Reg. 63/09 under the Pesticides Act.
- This permit and conditions of use are approved for 20__ only.
- A copy of the permit must be provided to each larviciding crew at an extermination site.
- Larvicide must be applied according to label directions.
- Larvicide (i.e., pellet, ingot and pouch formulations) must be placed into catch basins through the grate. Larvicide must not be applied into catch basins if there is significant water flow, such as during heavy rainfall, which does not allow for the proper settling of the methoprene larvicide at the bottom of each catch basin sump or for the B. sphaericus larvicide to properly distribute in the sump water.
- Public notification be provided as set out in the document “Public Notification of a Water Extermination for the Control of Immature Stages of Mosquitoes (Larviciding Programs for WNV)” (see Appendix 2).
- The licensed exterminator responsible for the use of the larvicide must immediately report any situations involving health or environmental effects or damage to property resulting from the application of the pesticide to the local MOE District Office (telephone number will be provided on the approved permit), or if a pesticide spill occurs, to the Spills Action Centre at 1-800-268-6060.
- A summary report (See Appendix 11 for templates) must be provided by December 1st of the year to the Regional Pesticides Specialist.
- Additional conditions determined on a case by case basis.
|Region County/Township||Pesticide Specialist(s) Mailing Address||Telephone/Toll Free Fax|
Toronto, Halton, Peel, York and Durham, Muskoka, Simcoe
5775 Yonge Street, 8th Floor
Haldimand, Norfolk, Niagara, Hamilton-Wentworth, Dufferin, Wellington, Waterloo, Brantford
119 King Street West, 12th Floor
Frontenac, Hastings, Lennox & Addington, Prince Edward, Leeds & Grenville, Prescott & Russell, Stormont/Dundas & Glengarry Peterborough, Kawartha Lakes, Northumberland, Renfrew, Ottawa, Lanark, District of Nipissing (Twp. of South Algonquin), Haliburton
1259 Gardiners Road
Elgin, Middlesex, Oxford, Essex, Kent, Lambton, Bruce, Grey, Huron, Perth
733 Exeter Road,
|Northern Region (east)
Manitoulin, Nipissing, Parry Sound, Sudbury, Algoma (East), Timiskaming, Sault Staint Marie
199 Larch Street, Suite 1101
|Northern Region (west)
Algoma (West), Cochrane, Kenora, Rainy River, Timmins, Thunder Bay
435 James Street South, Suite 331
Thunder Bay, Ontario
|Environmental Assessment and Approvals Branch
||2 St. Clair Avenue West, Floor 12A
|University of Guelph - Ridgetown Campus
||Toll free 1-888-620-9999|
|Pesticide Industry Regulatory Council (PIRC)
Pesticide Industry Council (PIC)
|Toll free 1-800-615-9813
Toll free 1-800-265-5656
|Standards Development Branch
||40 St. Clair Avenue West, 7th Floor
|Environmental Monitoring and Reporting Branch
Environmental Monitoring Studies
|125 Resources Road
Fax: (416) 327-6519
|Spills Action Centre||1-800-268-6060|
|Health Unit||MNR Contact||Title and Location||Phone Number||Email Address||Fax Number|
|Algoma Health Unit||Ilsa Langis||District Biologistfirstname.lastname@example.org||705-949-6450|
|Algoma Health Unit||Tom Kenerknecht||Planner
|705-856-2396 Ext. email@example.com||705-856-7511|
|Algoma Health Unit||Gord Eason||Area Biologist
|705-856-2396 Ext. firstname.lastname@example.org||705-856-7511|
|Brant County Health Unit||Art Timmerman||Fish And Wildlife Biologist
|Chatham-Kent Health Unit||Holly Simpson||Area Biologist
|City of Hamilton Public Health and Community Services Department||Joad Durst||Area Supervisor
|City of Ottawa Health Department||Shaun Thompson||District Ecologist
|County of Lambton||Holly Simpson||Area Biologist
|Durham Region Health Department||John Pisapio||Biologist
|Eastern Ontario Health Unit||Shaun Thompson||District Ecologist
|Elgin-St. Thomas Health Unit||Pud Hunter||Biologist
|Grey Bruce Health Unit||Kevin Hawthorne||Area Supervisor
|Haldimand-Norfolk Health Unit||Pud Hunter||Biologist
|Haliburton, Kawartha, Pine Ridge District Health Unit||Cam McCauley||Assessment Biologist
|Halton Regional Health Unit||Dave Boddington||A/ Superintendent
Bronte Creek P.P.
|905-827-6911 Ext. email@example.com||905-637-4120|
|Hasting and Prince Edward Counties Health Unit||Erin MacDonald||Area Biologist
|613-332-3940 Ext. firstname.lastname@example.org||613-332-0608|
|Huron County Health Unit||Mike Malhiot||A/ Area Supervisor
|Kingston, Frontenac, Lennox & Addington Health Unit||Cam McCauley||Assessment Biologist
|Leeds, Grenville, and Lanark District Health Unit||Shaun Thompson||District Ecologist
|Middlesex-London Health Unit||Pud Hunter||Biologist
|North Bay-Parry Sound District Health Unit||David Beaver||A/ IRM Technical Specialist
North Bay District
|Northwestern Health Unit||Mary Duda||Biologist
|Oxford County Board of Health||Pud Hunter||Biologist
|Peel Regional Health Unit||John Pisapio||Biologist
|Perth District Health Unit||Mike Malhiot||A/ Area Supervisor
|Peterborough County-City Health Unit||Cam McCauley||Assessment Biologist
|Porcupine District Health Unit||Sarah Vascotto||Planning & Information Management Biologist
|Porcupine District Health Unit||Leeanne Beaudin||Fish & Wildlife Technical Specialist
|Porcupine District Health Unit||Christine Greenaway||Planning Biologist
|Porcupine District Health Unit||John Sadowsky||Area Biologist
|Regional Municipality of Waterloo,
Community Health Department
|Art Timmerman||Fish And Wildlife Biologist
|Regional Niagara Public Health Department||Joad Durst||Area Supervisor
|Renfrew County and District Health Unit||Darwin Rosien||Senior Fish & Wildlife Inventory/Assessment Technician
|Simcoe-Muskoka District Health Unit||John Kus||Area Supervisor
|Simcoe-Muskoka District Health Unit||Christy MacDonald||Fish & Wildlife Technical Specialist
Parry Sound District
|Sudbury District Health Unit||Mike Hall||Area Biologist
|Sudbury District Health Unit||Christine Greenaway||Planning Biologist
|Thunder Bay District Health Unit||Michael Deschamps||Area Biologist
Thunder Bay District
|Thunder Bay District Health Unit||Dave Arola||Senior Fish & Wildlife Technician
|807-826-3225 Ext. email@example.com||807-826-4631|
|Timiskaming Health Unit||Derek Elliott||Integrated Resource Management Technical Specialist
Kirkland Lake District
|Toronto Public Health||John Pisapio||Biologist
|Wellington-Dufferin-Guelph Health Unit||Art Timmerman||Fish And Wildlife Biologist
|Windsor-Essex County Health Unit||Holly Simpson||Area Biologist
|York Region Health Services Department||John Pisapio||Biologist
Appendix 1: Permit Application Forms
MOE requests that the permit application be completed and signed by an appropriately licensed exterminator who is responsible for the larviciding program. Form 1866 – Application for a Permit to Perform a Water Extermination for West Nile Virus Control (Catch Basins) and Form 1867 – Application for a Permit to Perform a Water Extermination for West Nile Virus Control (Surface Water) are available online at the Ontario Central Form Repository.
Appendix 2: Public Notification of a Water Extermination for the Control of Immature Stages of Mosquitoes (Larviciding Programs for West Nile Virus) Municipal/Health Unit Programs
The Director under the Pesticides Act may impose a permit condition that requires the public be notified when a larvicide is used in a water extermination. The following table indicates the options the Director under the Act may consider:
|A. Catch Basins||1, 2|
|B. Ditches, temporary or permanent pools including storm water management ponds||1, 2, 3|
|C. Sewage or sludge lagoons||1, 2, 3|
|D. Sensitive Areas||1, 2, 3|
Option 1 – Newspaper
Publication of a notice in a newspaper of general circulation in the vicinity of the proposed water extermination at the beginning of the larviciding program and printed such that it is not less than 10 cm in width. (For example, a notice would be published in a local newspaper in April indicating that larvicide will be placed in catch basins within a specific area of a municipality/Health Unit every three weeks until October X). See sample notice below.
Option 2 – Written Notice
Distribution of a written notice at the beginning of the larviciding program to all land owners or persons in charge of land within the application area. In addition, the posting of the notice at all door entrances to public buildings on the land prior to each larviciding treatment and to remain posted for at least 48 hours. See sample notice below that can also be modified for surface water larviciding. The notice in Option 1 and 2 above must include the following:
- The details of the larviciding program including:
- the pest to be controlled (i.e., mosquito larvae) and purpose for control (i.e., West Nile Virus).
- proposed date(s) the water extermination is to take place.
- the location of the larviciding program (e.g., name of the water body, street boundaries, all catch basins on a specific street, etc.).
- the name of the larvicide and the registration number assigned to the product under the Pest Control Products Act (Canada).
- the formulation (e.g., pellet, granular, ingot, liquid, pouch).
- a telephone number (indicating collect calls will be accepted) that provides the public with information regarding the larviciding program and includes updates on the street location and dates of larviciding.
- A web site may be used in addition to a telephone number.
Sample Notice for Catch Basins:
notice of pesticide use
Between April 1 to October 31, 20__ the [name of private land] will be conducting a larviciding program under the authority of the Local Medical Officer of Health to control larval mosquitoes in order to prevent their development into vectors of West Nile Virus. The pellet formulation of the larvicide methoprene [provide Product Name and registration number under the Pest Control Products Act (Canada)] will be placed into catch basins of storm drains in the following area [provide street address(es)]. All larvicide will be applied by applicators, licensed by the Ministry of the Environment, or supervised technicians. For details on the exact locations and dates of treatment please call [1-800------ if not a tollfree number indicate collect calls will be accepted] or at the following web site: www.--------.
Option 3 - Signs
- For the purposes of a water extermination the Director under the Act may impose a permit condition allowing the use of public notification signs that are used for land extermination pesticide use notification. The conspicuous posting of a residential or non-residential area notice sign every 100 metres along the perimeter of the surface water body or at all entrances to the land immediately before the application of the larvicide and remaining for at least 48 hours. The residential area notice sign is used when the surface water is located on a property that meets the definition of “residential area” in S. 1 of Ontario Regulation 63/09. A non-residential notice sign must be used on a property that does not meet the definition of “residential area”. The notice signs are posted on the ministry’s pesticides permits and licenses website and show the proper formatting and wording.
Appendix 3: Mosquito Larvicides Currently Federally Registered and Classified for Use In Ontario for WNV
|Registration Number||Product Name Active Ingredient||Aerial
|Registrant/ Agent Address||Federal Class||Ontario Class|
|18158||Vectobac 200G Biological Larvicide Bacillus thuringiensis Serotype H-14 (0.2 ITU/L)||Yes||Valent Biosciences Canada Ltd.
40 King Street West Suite 2100
|19239||Teknar Granules Larvicide for Mosquito Bacillus thuringiensis Serotype H-14 (260 AAU/mg)||Yes||Valent Biosciences Canada Ltd.
40 King Street West Suite 2100
|19241||Teknar HP-D Larvicide for Mosquitoes/ Black-Fly control Bacillus thuringiensis (3000 AU/mg)||Yes||Valent Biosciences Canada Ltd.
40 King Street West Suite 2100
|19466||Vectobac- 200G Biological Larvicide Bacillus thuringiensis (200 ITU/mg)||No||Valent Biosciences Canada Ltd.
40 King Street West Suite 2100
|21062||Vectobac 1200L Biological Insecticide Bacillus thuringiensis Serotype H-14 (1.2 BIU/kg)||Yes||Valent Biosciences Canada Ltd.
40 King Street West Suite 2100
|21809||Altosid Pellets Methoprene 4.25%||Yes||Wellmark Int.
5420 Hwy. 6 North, Suite B30
RR5 Guelph, ON
|22676||Altosid Granules Methoprene 1.5%||Yes||Wellmark Int.
5420 Hwy. 6 N., Suite B30
RR5 Guelph, ON
|26860||Aquabac xt Bacillus thuringiensis Serotype H-14 (200 ITU/mg)||Yes||AFA Environmental Inc.
1100 Rene Levesque Blvd. W. 25th Fl.
|26862||Aquabac 200G Bacillus thuringiensis Serotype H-14 (200 ITU/mg)||No||AFA Environmental Inc.
1100 Rene Levesque Blvd. W. 25th Fl.
|26863||Aquabac 200G Bacillus thuringiensis Serotype H-14 (200 ITU/mg)||Yes||AFA Environmental Inc.
1100 Rene Levesque Blvd. W. 25th Fl.
|27374||Aquabac 200G Biological Larvicide Bacillus thuringiensis 10/14||No||AFA Environmental Inc.
1100 Rene Levesque Blvd. W. 25th Fl.
|27376||Aquabac II xt Biological Larvicide Bacillus thuringiensis Serotype H-14 (1200 ITU/mg)||No||AFA Environmental Inc.
1100 Rene Levesque Blvd. W. 25th Fl.
|27694||Altosid XR Briquets Methoprene 2.1%||No||Wellmark Int.
5420 Hwy. 6 N., Suite B30 RR5
|28007||Vectolex WDG Biological Larvicide Bacillus sphaericus Strain 2362, 650 BsITU/mg||Yes||Valent Biosciences Canada Ltd.
40 King Street West Suite 2100
|28008||Vectolex CG Biological Larvicide Bacillus sphaericus Strain 2362, 50 BsITU/mg||Yes||Valent Biosciences Canada Ltd.
40 King Street W. Suite 2100
|28009||Vectolex WSP Biological Larvicide Bacillus sphaericus Strain 2362 50 BsITU/mg||No||Valent Biosciences Canada Ltd.
40 King Street West Suite 2100
|28070||Altosid Liquid Larvicide Mosquito Growth Regulator Methoprene||Yes||Wellmark Int.
5420 Hwy. 6 N., Suite B30 RR5
|28152||Pre-Strike Granules Methoprene 1.5%||No||Wellmark Int.
5420 Hwy. 6 N., Suite B30 RR5
|28888||Mosquito Dunks - Bacillus thuringiensis Serotype H-14||No||Summit Chemical Co.
235 South Kresson St.
Consult with the PMRA at 1-800-267-6315 to ensure current registration status.
Appendix 4: Templates
- Local Medical Officer of Health (MOH) Order under S. 13 of the HPPA
- MOH Authorization Letter for Larviciding on Municipal/Private Land
- Jurisdictional Authorization for HU to contract larviciding in water bodies that drain into town, city or municipality owned storm drain systems or waterways and in water bodies situated on private lands that drain into town, city or municipality owned storm drain systems or waterways
- Private land owner/occupant authorization to apply larvicides in a water body on the private land by a licensed exterminator. Note: the following templates may contain statements that do not apply to all jurisdictions.
Download all Templates
Appendix 5: Guidance for Bacillus Thuringiensis var Israelensis (Bti) and Bacillus sphaericus (B. sphaericus) Efficacy Monitoring
Download Guidance for Bacillus Thuringiensis var Israelensis (Bti) and Bacillus sphaericus (B. sphaericus) Efficacy Monitoring Form
Appendix 6: Guidance for Methoprene Efficacy Monitoring
Download Guidance for Methoprene Efficacy Monitoring Form
Appendix 7: Sensitive Areas - Definitions
Are lands that are seasonally or permanently covered by shallow water as well as lands where the water table is close to, or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. The general term wetlands, includes specific land types that are known as swamps, marshes, bogs and fens.
- are wooded wetlands with 25% cover or more of trees or tall shrubs. In swamps, standing to gently flowing waters occur seasonally or persist for long periods on the surface. Swamps include both forest and thicket swamps.
- are areas periodically inundated with standing or slowly moving water, and/or permanently inundated characterized by robust emergents, and to a lesser extent, anchored floating plants and submergents.
- are peat-covered areas or peat-filled depressions with a high water table and a surface carpet of mosses, chiefly Sphagnum spp.
- are peatlands characterized by surface layers of poorly to moderately decomposed peat, often with well decomposed peat near the base. They are covered by a dominant component of sedges, although grasses and reeds may be associated in local pools.
Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition.
Other sensitive areas are defined below.
Critical Fish Habitat
Those habitat areas which are needed to maintain the overall productive capacity of the fishery. These can include spawning areas for fish species with stringent spawning requirements, such as cobble areas for walleye and Lake trout, ground water upwelling areas for Brook trout; highly productive nursery and feeding areas such as wetlands; areas with Species at Risk; essential refuge areas such as winter refugium for Brook trout in small streams; habitat that are not replaceable or compensatable such as ground water upwellings, and migration routes which provide access to spawning areas for fish species with stringent spawning requirements (e.g., Brook trout). These include habitat types that are relatively rare or sensitive to disturbance. Alterations in these areas will result in a loss of productive capacity of fish habitat. Critical habitat require a high level of protection because of the importance in sustaining subsistence, commercial or recreational fisheries, their rareness, their high productive capacity, the sensitivity of certain life states for the fish species they support etc.
Is a water body (or a portion of a water body) in which fishing for all species is prohibited for a specified period of time and is identified in the annual Ontario Sport Fishing Regulations summary, available from the MNR Fishing website.
Endangered and Threatened Species Habitat
See SARS Policy 4.1 for definitions of “significant” in regard to endangered and threatened species and for definitions of endangered species and threatened species.
See Appendix 10 for the Sensitive Area and Species Protocol.
Appendix 8: Assessing Catch Basins to Determine Application Rate of Methoprene Pellets
Most modern catch basins are cylindrical, have 900 mm diameter (0.9 m diameter or 0.45 m radius), are 2.3-2.4 m deep in total (including ring spacers and cover), have a water depth below the outlet pipe of 600 mm (when there is no flow), and a water surface area of 0.636 m2. However, older catch basins may be of different sizes, shapes, and have different surface areas. Thus, it is important that mosquito control workers consult local public works officials on the dimensions of the catch basins in any particular area of the jurisdiction. Catch basins in newer suburban areas may differ in size from those in older downtown areas and along highways within a municipality or Health Unit.
Public Work officials may be able to provide computer-based maps and a numbering system for the catch basins within their jurisdiction. Some databases may also include information on the size of individual catch basins.
Drainage from some catch basins may be partially blocked, increasing the total water volume associated with that catch basin and others ‘upstream’ from it. Local water engineers may be able to advise on what percentage of the catch basins fall into this category and where they are most likely to be located.
Calculations showing how much methoprene pellets to apply to a standard modern catch basin have been provided (see below). It may be necessary to inspect a representative sample of catch basins (e.g., 1%) and base the application rate on the average surface area of the catch basins in an area.
Assumption: the catch basin has a 0.45 m radius.
Formula Used: Area (circle) = r2 (pi × radius squared) where pi = 3.14159
Area of Standard Catch Basin: 3.14159 × 0.45 m × 0.45 m = 0.636 m2
Application Rates based on methoprene pellets: Label rate states - 5.6 to 11.2 kg/ha or 0.56 to 1.12 g/m2 of water surface, then
Low application rate = 0.636 m2 × 0.56 g/m2 = 0.356 g
High application rate = 0.636 m2 × 1.12 g/m2 = 0.712 g
The water in a catch basin can be considered to be polluted and/or highly organic therefore the high application rate is recommended on the label.
Amount to Use per Catch Basin:
How much methoprene pellets is 0.712 g?
From the Material Safety Data Sheet (MSDS), we find Specific Gravity = 1.04 g/cc
Thus, 1.04 g/1 cc = 0.712 g/’x’ cc; therefore, ‘x’ = 0.69 cc
Because 1 teaspoon = 5 cc then 0.69 cc = ~ 0.14 teaspoons use slightly under a quarter teaspoon per standard catch basin
Long-handled measuring spoons are available as part of a set from most food and department stores. Due to the irregular shape of the pellets, a level 0.25 teaspoon of methoprene pellets would be a practical treatment per one standard catch basin.
Appendix 9: Submitting Geo-spatial Information for Municipal Mosquito Control Programs
The use of Geographic Information System (GIS) databases will provide a more efficient way of analysing the surveillance, monitoring and larviciding data collected to manage West Nile Virus. The Ministry of the Environment is encouraging that all mapping data be submitted in electronic format including digital mapping coordinates derived from Global Positioning Systems (GPS). Digital map coordinates for all catch basins, ditches, temporary and permanent pools and storm water retention ponds areas could be submitted with either the permit application and/or final report. MOE will use the information to generate provincial maps for Ministry purposes in evaluating permit applications.
To ensure that there is consistency across the province, all geo-spatial data including both map coordinates and tabular information must be submitted in electronic format conforming to the data standards summarized below.
The standards which follow apply to all data submitted including format requirements for digital mapping coordinates and address standards:
- Electronic map files must be ESRI software technology compatible (i.e., Arc/Info coverages or ArcGIS shape files) referenced to North American Datum 83 (NAD83) projected using the Universal Transverse Mercator (UTM) projection system. UTM zone and accuracy estimates must be provided (see example below)
- All map coordinates should be submitted in a spreadsheet or database (Excel or MS Access)
- When data is submitted electronically in a spread sheet or database format, columns should use clearly identified titles and provide a detailed description of codes used
- Standard street addresses must include street number, proper spelling of the street name, standard abbreviations (see below), direction (N, S, E, W) and municipality addresses should not include any punctuation
|1||1180 Lakeshore Road West||Toronto|
|2||252 Bloor Street East||Toronto|
|3||2075 Bayview Avenue||Toronto|
Some of the most common abbreviations include, but are not limited to the following:
Appendix 10: Sensitive Area and Species Protocol - Ontario Ministry of Natural Resources Process for Providing Input to MOE Concerning West Nile Virus Larvicide Treatments in Sensitive Areas
Public Health Units may order the use of larvicides in Sensitive areas, to control mosquito populations and the spread of West Nile Virus (WNV). Decisions to implement WNV control measures are based on local risk assessments, which include consideration of the results of mosquito larvae surveillance and proximity of areas of standing water to inhabited areas.
The Ontario Ministry of the Environment (MOE) is responsible for regulating and licensing the use of pesticides, including the larvicides used to control mosquito populations. The bacterial larvicides Bacillus thuringiensis israelensis (Bti) and Bacillus sphaericus are the only mosquito treatment permitted in Sensitive areas. It targets the larvae of mosquitoes and other dipterans.
An inter-agency review committee has been established, in response to the potential negative impacts of such treatments on rare and sensitive species that may be present in these habitats. The committee consists of representatives from the Ontario Ministry of Natural Resources (MNR), MOE, and two federal agencies: Environment Canada (E.C.), and Fisheries and Oceans Canada (DFO).
Legislative and Policy Framework: (Note: all Provincial Statutes and Regulations are available on line at the Ontario e-laws website and all Federal Statutes and Regulations are available at Justice Laws website.)
- Endangered Species Act: WNV larvicide treatments must take account of potential impacts on species regulated under this provincial legislation.
- Species at Risk Act: The Act provides legal protection for wildlife species and protects biological diversity through an assessment of species by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). Other sections address requirements for the preparation of recovery strategies, action plans or management plans for species listed in Schedule 1 of the Act (as applicable) and requirements to conduct environmental assessments.
- Accord for the Protection of Species at Risk in Canada: As a signatory to this (1996) agreement, Ontario has made a commitment to participate in a national program that seeks to achieve the protection and recovery of species at risk, and the monitoring of all wild species. Under the Accord, signatories agree, among other things, to “provide protection for the habitat of threatened or endangered species” and to “emphasize preventative measures to keep species from becoming at risk”.
The committee provides a forum for discussion of potential impacts of WNV larvicide treatments on species at risk (SAR). The objective of the committee is to provide the MOE recommendations - which areas are to be treated, and how - that will minimize impacts on SAR.
- Fisheries Act:
Section 36: The use of larvicides or other pesticides in areas considered to be waters frequented by fish, or fish habitat or in places where they are likely to enter waters frequented by fish or fish habitat can be considered as deposit of deleterious substances under Subsection 36(3) of the Fisheries Act. Section 36 would apply to wetlands designated to be fish habitat.
Environment Canada has indicated that, in the context of Section 36(3) of the Fisheries Act, Bti or B. sphaericus is not currently considered to be a deleterious substance.
Section 35: Subsection 35(1) prohibits works or undertakings that result in the harmful alteration, disruption or destruction of fish habitat (HADD), unless authorized by the federal Minister under section 35 (2).
note: section 35 is pertinent to any proposal that would physically impact fish habitat ( i.e., filling in wetlands or creeks, etc.), as opposed to larvicide applications, which are subject to section 36.
Implementation of section 35 is a cooperative effort involving a number of federal and provincial agencies, including the Department of Fisheries and Oceans, Environment Canada, conservation authorities, MNR and MOE. DFO is responsible for protecting habitats that contribute directly or indirectly to Canada’s fisheries resources. If a HADD of Canadian fisheries waters (a creek, lake or littoral wetlands) is proposed, DFO should be consulted either directly or through the local conservation authority. DFO-conservation authority agreements assist in providing a streamlined approach to regulatory approvals.
Note that the determination of whether or not a given area would be considered as Canadian fisheries waters is not always straightforward. Back yard ponds and roadside ditches typically are not considered to be such, and therefore are of less concern.
If additional information is required, Medical Officers of Health and other provincial and local officials are encouraged to contact regional officials of DFO and EC. The Pest Management Regulatory Agency (PMRA) is the lead federal agency regulating the use of pesticides, and should also be involved in discussions.
MNR Review Process
- MOE advises appropriate MNR District Office, upon receipt of an application to apply Bti or B. sphaericus in a Sensitive area. MOE is responsible for providing MNR with information on the Sensitive area to be treated (name and location), and proposed Bti or B. sphaericus treatment schedule.
- MNR District staff accesses the Natural Heritage Information Centre’s (NHIC) Natural Areas Database to determine if any endangered, threatened or otherwise “sensitive” species are known to be present in the Sensitive area. MNR District staff compares information in the NHIC database to the list of sensitive species for WNV larvicide application.
The sensitive species list will be updated as required as the evaluation and listing/regulation of species at both provincial and national/federal levels is an ongoing process.
- MNR will examine the proposed larviciding location to determine whether it impacts on fish sanctuaries. Responsibility for fish habitat protection rests with DFO and a contact name for DFO referral will be provided by MNR. See Appendix 7 for definitions of each of these sensitive areas.
- If a species of concern is found within the Sensitive area, MNR's Biodiversity Section, and the Natural Heritage Information Centre, can provide advice on potential impacts/referrals to other experts. A site visit may help facilitate the review process.
- MNR District staff forwards the results of their review, in confidence, to the inter-agency committee and arranges a meeting or conference call to review the information if needed.
- MOE, with input from MNR, provides a written summary to all participants of the decisions made.
Appendix 11: Summary Report Templates
- West Nile Virus Summary Report - Treatments to Catch Basins with Methoprene or Bacillus sphaericus (B. sphaericus)
- West Nile Virus Summary Report - Treatments to Surface Water with methoprene, Bti, or B. sphaericus
- footnote[*] Back to paragraph Permit Applications for Sensitive areas must follow the protocol for a Sensitive Areas and Species (See Appendix 10)
- footnote Back to paragraph A pesticide may only be applied by aircraft if the label directions specify this method of application.
- footnote Back to paragraph A permit is not required if a pesticide is applied by the land owner/occupant or their full-time employee in a wholly contained water body with no direct or indirect outflow from the land (see s. 83(3) of O. Reg. 63/09).