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Convicted – Husky Pest Control Inc.

Court Location – London Court

Description of Offence – The convictions are for using a pesticide, namely Avitrol Whole Corn, not in accordance with the pesticide’s label by applying it in an open and exposed manner, endangering desirable bird species, and by not removing it at the end of each day from an apartment complex.

Date of Offence – During the period beginning on or about August 31, 2020 and ending on or about September 3, 2020.

Date of Conviction – December 5, 2022

Penalty Imposed – Husky Pest Control Inc. was convicted of two violations under the Pesticides Act and was fined $5,000, plus a victim fine surcharge of $1,250 and given 180 days to pay.

Background –

• Husky Pest Control provides pest extermination services and holds a pesticides operator licence issued by the ministry to operate an extermination business. The sole director holds several pesticides licenses issued by the ministry, including a structural exterminator licence.
• On or about August 31, 2020, Husky Pest Control was contracted to address a feral pigeon issue at an apartment complex in London.
• On August 31, 2020, Husky Pest Control applied Avitrol Whole Corn in an open and unprotected manner at six locations on rooftops of all five buildings in the apartment complex.
• Avitrol Whole Corn is used for the control of feral pigeons and is only available for use by licenced structural exterminators. The label includes directions for the safe and appropriate use of the product and requires that unused pesticide is removed at the end of the day.
• The label also requires Avitrol Whole Corn not be exposed in a manner that may endanger desirable or protected bird species.
• Pigeons are an important prey species of the Peregrine Falcon. Pigeons that have ingested pesticides therefore pose a risk of exposure through secondary poisoning. A memorandum produced by the Ministry of Natural Resources and Forestry identifies Peregrine Falcon protected areas in Ontario, including within the city limits of London, and advises that only non-pesticide bird control methods should be used within these areas.
• On or about September 4, 2020, ministry staff attended the apartment complex and found bait corn still present on two rooftops. Samples taken and tested confirmed the presence of the active ingredient of Avitrol.
• From August 31 to September 4, 2020, pigeons were observed in distress and dying at the apartment complex. Approximately 16 pigeons are estimated to have died as a result of the pesticide application.
• The ministry’s Environmental Investigations and Enforcement Branch investigated and laid charges, which resulted in two convictions.

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