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Unlicenced Individual fined $3,500 For Pesticides Act (PA) Violation

Court Bulletin

Unlicenced Individual fined $3,500 For Pesticides Act (PA) Violation

Convicted - Kraig Merkley

Court Location - Cornwall

Description of Offence -  The conviction relates to permitting the use of a Class 9 pesticide that is banned for cosmetic use in Ontario.

Date of Offence - During the period beginning on or about September 1, 2015 and ending on or about June 21, 2016

Date of Conviction - July 10, 2018

Penalty Imposed - Kraig Merkley was convicted of one violation under the Pesticides Act and was fined $3,500 plus a Victim Fine Surcharge of $875 and was given six months to pay the fine.

Background -  

  • Ministry staff attended Mr. Merkley's residence to speak with him following complaints received about pesticides being sprayed at several Morrisburg properties.  
  • The defendant was not home but ministry staff observed within an open garage pesticide spraying equipment, a jug of Par III pesticide and a large spray tank containing a brown liquid.
  • Ministry staff took vegetation samples at the suspect properties and submitted them to the ministry's laboratory for analysis.
  • Ministry staff met with Mr. Merkley later that day and he admitted to spraying the banned pesticide. He provided business records indicating at which residences the banned pesticide had been sprayed. He also provided the dates when spraying occurred.
  • The active ingredient in PAR III is 2,4 D which is a Class 9 pesticide product and therefore is banned for use as a cosmetic pesticide. Laboratory results later confirmed that a pesticide containing the chemicals 2,4 D, Dicamba and MCPP had been sprayed at the properties that had been sampled.
  • The ministry's Investigations and Enforcement Branch investigated and laid charges resulting in one conviction.

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