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Property Owner fined $7,500 Pesticides Act Violation

Court Bulletin

Property Owner fined $7,500 Pesticides Act Violation

Convicted - Leroy Anthony Ashman

Court Location - Mississauga

Description of Offence - The conviction relates to using a pesticide (Civitas Turf Defense) that was not classified and was not registered under the Pest Control Products Act (Canada), at the time of the violation.

Date of Offence - During the period beginning on or about September 3, 2016 and ending on or about September 6, 2016

Date of Conviction - November 27, 2018

Penalty Imposed - Leroy Anthony Ashmanwas convicted of one violation under the Pesticides Actand was fined $7,500 plus a victim fine surcharge of $1,875 with six months to pay the fine.

Background -  

  • Leroy Anthony Ashman is employed at a business involved in the research and development of lawn care products/pesticides, such as Civitas Turf Defense pre-mix.
  • At the time of the violation Civitas was not yet registered or classified for use in Ontario.
  • Also during this period Mr. Ashman owned a residential home in Mississauga, and it came to the ministry's attention that Civitas had been applied to the front lawn of his property.
  • On September 9, 2016, ministry staff inspected the Ashman property and took samples of the lawn for testing. Subsequent laboratory analysis confirmed that the material on Mr. Ashman's lawn was Civitas.
  • Mr. Ashman's place of employment stated that permission had not been granted by the company, nor was the use and/or application of Civitas to Mr. Ashman's lawn, part of any experimental exemption.
  • Civitas has since been classified as a class 4 pesticide and according to the product label, is a fungicide/insecticide for use on sports fields or golf courses and is not intended for use on residential properties.
  • The ministry's Investigations and Enforcement Branch investigated and laid charges resulting in one conviction.

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