HomeMy WebLinkAboutOES 29-07 (2)
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: OES 29-07
Date: November 12, 2007
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From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Pesticide Use By-law
- File: A- 2130
Recommendations:
1. That Report OES 29-07 of the Director, Operations & Emergency Services be
received;
2. That City staff organize, advertise and facilitate a public consultation process as
set out in this report for the draft "Pesticide Use By-law";
3. That City staff expand the social marketing & public education program
pertaining to the draft "Pesticide Use By-law"; and
4. That local retailers be requested to offer more alternatives to pesticides that are
clearly and prominently displayed within the store.
Executive Summary: The City of Pickering is committed to a socially,
economically and environmentally sustainable community and this is reflected in the
City's turf and garden maintenance practices. Staff have continued to take an
integrated approach to managing our properties and sports fields. Proper mowing and
aeration, an irrigation system, regular de-thatching and the use of organic fertilizers
have greatly reduced the need for pesticides. Various areas within the City's parks
have also been naturalized to further reduce the need for treatments.
The City of Pickering has taken its commitment to a sustainable community one step
further. On February 19, 2007 Pickering Council passed a Notice of Motion called
"Healthy Community, Healthy Lawns and Gardens" directing staff to do the following:
. research the pesticide restriction by-laws that other Canadian municipalities have
implemented
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. prepare a draft pesticide use by-law for consideration by the Executive Committee in
June 2007, that prohibits the use of pesticides for cosmetic use on City-owned
property and private properties, and establishes criteria for exceptions
Staff was also directed to propose a plan to present the draft by-law to the public.
A draft City of Pickering "Pesticide Use 13y-law" is attached to this report. Following
public consultation and comment, a revised pesticide use by-law will be presented to
Council for consideration.
It is important that staff and Members of Council recognize that a significant barrier to
the successful implementation of a pesticide use by-law is the enforcement aspect.
While the introduction of a by-law prohibiting the use of pesticides is in keeping with our
Sustainable Pickering principles, enf()rcin~1 such a by-law would be very difficult.
Financial Implications:
Recommendation #2: In order to organize, advertise and facilitate a public consultation
process, approximately $10,000 is requirlsd and can be allocated to Account # 2430-
5320.
Recommendation #3: In order to expand the social marketing & education program,
additional funds will need to be allocated within future budgets.
Recommendation #4: Outside of staff time, there is no financial implication to request
the cooperation of local retailers.
Sustainability Implications:
Pesticide restriction is a contentious issue for many reasons, one of which is because
the information pertaining to the environmental and health effects can vary depending
on the source. However, as with any chemical, when misused pesticides can be a
problem for both the environment :and human health and therefore, society overall.
Ideally pesticide use restriction would reduce this problem however, that is only if the
community abides by the pesticide restriction by-law. To assist the community transition
from a reliance on pesticide products, City staff will use a variety of means to educate
the community about proper lawn and garden care and alternatives to pesticides. With
regard to the economy, by restricting pesticide use on municipal land and private
property we are reducing the amount of pl9sticide based products that will be purchased
from retailers as well as eliminating the ability for lawn care service providers to offer
pesticide dependent care within Pickering. As a municipality, a pesticide use by-law
would reduce our already limited purchase of pesticide products. At the same time, the
community and municipality will need to increase the purchase of non-traditional pest
control products and likewise will be increasing the demand for lawn care service
providers that offer non-pesticide reliant sl9rvices.
BY-LAW NO
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non-traditional pest control products and likewise will be increasing the demand for
lawn care service providers that offer non-pesticide reliant services.
Background: Staff compiled pesticide use and by-law related information from 2
upper tier and 17 lower tier municipalities in Ontario. This information was useful in the
development of the draft Pesticide Use By-law.
It was evident while reviewing the other municipalities' reports that public consultation
is essential and will assist staff to review and revise the draft pesticide use by-law.
Therefore, public consultation will be undertaken with the general public and
appropriate stakeholders such as pest control companies, pesticide retailers and
specific pesticide users. Staff recommend that we coordinate the public consultation
process using a consultant. This process is important to the overall development of a
pesticide use by-law and should be done by an experienced impartial third-party.
Subject to funding being available, a consultant will be retained to assist with the
development of a questionnaire. The questionnaire will be used to collect residents'
and stakeholders' opinion pertaining to the draft by-law. To improve accessibility, the
questionnaire may be made available on-line and in addition, may be mailed
specifically to stakeholders. The consultant will facilitate a public meeting. The
information that is gathered from the questionnaire and the public meeting will be
compiled and modifications to the attached draft Pesticide Use By-law will be itemized
in a future Report to Council. All available means will be used to make the public and
appropriate stakeholders aware of these opportunities for comment including, but not
limited to, media releases, personal contact, community page ads, website postings,
radio ads, and the Community LED board. If timing coincides, the Green Pages section
of the City's Leisure Guide and community group newsletters will also be used to
promote opportunities for awareness.
A significant barrier to the successful implementation of a pesticide use by-law is the
enforcement aspect. While the introduction of a by-law prohibiting the use of
pesticides is in keeping with our Sustainable Pickering principles, enforcing such a by-
law would be very difficult.
To lay a charge for using prohibited pesticides, a Municipal Law Enforcement Officer
would have to prove the contents of the pesticides being applied. A complaint from a
neighbour who claims to have seen prohibited pesticides being applied will not provide
the necessary proof. In situations where an officer was present to witness the
application, it is still unlikely that samples of the material being applied could be
gathered. There is also the issue of costs for lab tests to analyze the substance.
In the City of Toronto, once certain pesticides were prohibited, commercial lawn
maintenance companies switched to acceptable organic products. Should a company
claim this is what they were using, it would be very difficult to dispute the claim.
BY-LAW NO
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Prior to the passage of any new by-law, it is always advisable to consider the
practicality of enforcement. Staff have not been able to find an example Oof where a
municipality in Ontario has successfully charged a resident for not complying with their
by-law. Staff were advised that the City of Toronto has one charge against a landscape
company. Because successful enforcement will be very difficult, it may bE~ a better
option to adopt public awareness campaigns, promote acceptable alternatives. After
the public consultation process is complete for this draft Pesticide Use By-law other
viable options may present themselves.
To date, significant effort has gone into promoting proper lawn and garden care
techniques and alternatives to pesticides using a variety of means including
educational workshops, information on the City's website and within the GrE!en Pages
section of the City's Leisure GuidE~, Municipal Matters, and through Environmental
displays. To elaborate, a section of the City's website entitled "Property Green Up" was
expanded to include additional information pertaining to proper lawn care, pesticide
use and alternatives. In April and May 2007, recognizable guest speakers that are
considered experts in their fields were hined to speak at 3 educational workshops called
"Healthy Lawns, Healthy Gardens". ThE! workshops were offered free of charge to
residents and attendees could take home useful door prizes, organic lawn care kits,
and literature from the City of Pickering's Environmental display and Toronto & Region
Conservation Authority's Healthy Yards display. The workshops were very educational,
entertaining and were successfully rEeceiv1ed by the public.
Staff recommend that additional steps using other means founded around community-
based social marketing be taken to educate the community about alternatives to
pesticides and proper lawn and garden care. These initiatives will help residents learn
how to minimize pest problems in the first place and therefore, reduce their f,eliance on
pesticides. In addition, since it is not ille~lal to sell pesticides, the City will need to take
steps to encourage retailers and service providers to provide readily available
alternatives to consumers. These alternative products should be well advertised and
displayed in prominent locations wilthin the store, their staff should be knowledgeable
about the products and if possible literature should be available for the user to take
home.
The City has already been takingl an integrated approach to managing municipal
properties. Proper mowing and aeration, an irrigation system, regular thatching and the
use of organic fertilizers have reduced the need for pesticides and has encouraged the
growth of strong and healthy turf grass. Various areas within the City's parks have also
been naturalized to further reduce thE! need for treatments. These actions have
significantly reduced the use of pesticidE~s on public lands over the last seven years.
Staff continues to research up to date information, practices and new products that will
provide quality turf grass with minimal pesticide applications required. It is a natural
next step for the municipality to move forward and become IPM Accredited.
BY-LAW NO
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Through education about alternative products, encouraging proper maintenance
techniques, and by working with local retailers, the perceived need for pesticides will
be reduced. In some circumstances though, pesticides are a useful tool and will need
to be applied. These situations are outlined through the exemptions component of the
Pesticide Use By-law and are consistent with what other municipalities have enacted in
their by-laws.
One main concern regarding the Pesticide Use By-law, as it is currently written is that it
will be difficult if not nearly impossible to enforce with the current financial and staff
resources. The reality of this situation may cause frustration for residents who
perceived and desired the Pesticide Use By-law as an ultimate solution to prevent their
neighbours from spraying chemicals. Another aspect that poses difficulty is the lack of
consistency. A consistent approach throughout the province and country would assist
since the burden of enforcement would be alleviated from the municipal level of
government. According to the Region of Durham's Report No. 2007-MOH-17 to A.
Cullen and Members of Health & Social Services Committee, dated April 5, 2007, the
Region of Durham used the Rapid Risk Factor Surveillance System (2001-2003 data)
to determine that overall 62% of households in the Region of Durham with lawn,
gardens or hard surfaces applied pesticides. It is not illegal to sell or possess
pesticides. If a higher level of government enacted a consistent approach, it would
increase the likelihood of successful pesticide reductions. This same Report goes on to
indicate that one of the options that Regional Council may pursue respecting the
reduction/regulation of the use of pesticides in Durham Region includes exploring the
development of a Regional by-law in consultation with Durham's municipalities. While
this may not have the same impact as a provincial or national law, it may be more
effective than an area municipal by-law.
Attachments:
1. Draft Pesticide Use By-law
2. Region of Durham Report No. 2007 -MOH-17 to A. Cullen and Members of
Health & Social Services Committee, dated April 5, 2007
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Prepared By:
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Everett Buntsma \.../
Director
Operations & Emergency Services
Jo ' Hannah
perintendent, Municipal Operations
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Chantal Whitaker
Coordinator, Environmental AwarenE~ss
Programs
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Attachments
Copy: Chief Administrative Officer
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.rJTACHMENT #_Lw T9~REPORT;:t flc:_:., , ('-
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THE CORPORATION OF THE CITY OF PICKERING
145
BY-LAW NO.
Being a by-law to regulate pesticide use
WHEREAS pursuant to paragraph 6 of subsection 11(2) of the Municipal Act, 2001,
S.O. 2001, c. 25 municipalities may pass by-laws respecting the health, safety and well-
being of persons;
AND WHEREAS Council deems it necessary to regulate the use of pesticides within the
City;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOLLOWS:
PART I-INTERPRETATION
Definitions
1. In this by-law,
(a) "City" means the Corporation of the City of Pickering or the geographic
area of the City of Pickering, as the context requires;
(b) "commercial applicator" means any person who applies pesticides for
compensation;
(c) "IPM accreditation" means accreditation in a recognized integrated pest
management programme from the Integrated Pest Management Plant
Health Care Council of Ontario, the Audubon Cooperative Sanctuary
System of Canada, or a similar body approved by the City;
(d) "officer" means a municipal by-law enforcement officer appointed by the
City;
(e) "person" includes a corporation and the heirs, executors, administrators
or other legal representatives of a person to whom the context can apply
according to law;
(f) "pest" means any injurious, noxious or troublesome insect or other
arthropod, fungus, bacterial organism, weed, or other plant or animal pest
and includes any injurious, noxious or troublesome organic function of a
plant or animal; and
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(g) "pesticide" means a product, an organism or substance that is a
registered control product under the federal Pest Control Products Act
which is used as a means for directly or indirectly controlling, destroying,
attracting or repelling a pest or for mitigating or preventing its injurious,
noxious or troublesome effects, and for greater certainty only, does not
include products listed in Schedule "A".
References to Legislation
2. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This Agreement shall be read with all changes in gender or number as the
context may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Construction
5. Unless otherwise specified, references in this by-law to sections and schedules
are to sections and schedules in this by-law.
Severability
6. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
Application
7. This by-law shall apply to all lands and premises within the City, including lands
owned by the City,
By-law No.
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PART 11- USE OF PESTICIDES
Prohibitions
8. No person shall apply or cause or permit the application of any pesticide within
the City.
Agricultural Exemption
9. Section 8 does not apply where the pesticide is discharged on agricultural lands
used in furtherance of a normal farm practice carried on as part of an agricultural
operation pursuant to the Farming and Farm Production Protection Act, 1998.
Pest Control in Buildings
10. Section 8 does not apply where the pesticide is used for pest control within a
residence or other building.
Insect Infestation
11. Section 8 does not apply where the pesticide is used to diminish or control an
infestation. For purposes of this section, "infestation" means the presence of
pests in numbers or under conditions that involve an immediate or potential risk
of substantial loss or damage to property.
Public Health Exemption
12. Section 8 does not apply where the pesticide discharge is necessary in the
opinion of the Medical Officer of Health for the Regional Municipality of Durham
to address a health hazard.
Noxious Weeds Exemption
13. Section 8 does not apply where the pesticide is discharged to destroy noxious
weeds identified in the regulations to the Weed Control Act or any plant that has
been designated as a noxious weed under a City by-law.
Conservation Authorities Lands Exemption
14. Section 8 does not apply where the pesticide is discharged to control invasive
species on lands owned or managed by a conservation authority established
under the Conservation Authorities Act.
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Golf Course and/or Driving Range Exemption
15. Section 8 does not apply where the pesticide is discharged on a golf course
and/or golf driving range provided the applicator has an IPM accreditation.
Utility Exemption
16. Section 8 does not apply where the pesticide is discharged within a hydro
corridor, or at any hydro substation, gas distribution station or gas transmission
station, provided the applicator has an IPM accreditation.
General Exemptions
17. Section 8 does not apply where pes.ticides are used,
(a) to disinfect swimming pools, whirlpools, spas or wading pools;
(b) to purify water intended for the use of humans or animals;
(c) as a wood preservative;
(d) for injection into trees, stumps, or wooden poles; or
(e) as an insect repellent fDr personal use.
PART III - ENFORCEMENT
Inspections
18. An officer may, at any reasonable time, enter upon any land for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-
law have been complied with.
19. For purposes of an inspection, an officer may,
(a) require the production for inspection of any document or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
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By-law No.
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
20. No person shall obstruct the officer inspecting or withhold, destroy, conceal or
refuse to furnish any information or thing required by the officer.
Penalties
21. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act.
PART IV - GENERAL
Other Legislation
22. The provisions of this by-law are intended to complement the provisions of the
Pest Control Products Act (Canada) and the Pesticides Act, and shall be
enforced consistent with this intention.
Short Title
23. This by-law may be referred to as the "Pesticide Use By-law".
Effective Date
24. This by-law comes into effect on
applicators.
, 2008 only as it relates to commercial
25. This by-law comes into effect on January 1,2009 in relation to all persons.
BY-LAW read a first, second and third time and finally passed this _ day of
2008.
David Ryan, Mayor
Debi Wilcox, City Clerk
By-law No.
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SCHEI)ULE"A"
1. A product that uses pheromones to lure pests, sticky media to trap pests or
"quick-kill" traps for vertebrate species considered pests, such as mice and rats.
2. A product that is or contains only the following active ingredients:
(a) a soap;
(b) a mineral oil, also callecl"dormant or horticultural oil",
(c) silicon dioxide, also called "diatomaceous earth";
(d) biological pesticides, inGluding Bt (bacillus thuringiensis) and nematodes;
(e) borax, also called "boric acid" or "boracic acid";
(f) ferric phosphate;
(g) acetic acid;
(h) pyrethrum or pyrethrins;;
(i) fatty acids;
U) sulphur; or
(k) corn gluten meal.
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1 51
Report To: Chair A. Cullen and Members
Health & Social Services Committee
Report No.: 2007.MOH-17
Date: April 5, 2007
SUBJECT: Regulation of Pesticide Use
RECOMMENDATION:
That the Health & Social Services Committee recommends to the Regional
Council that:
a) The resolution of the Council of the Township of South Stormont regarding the
. regulation of the cosmetic use of pesticides is endorsed;
b) The Premier of Ontario, Ministers of .the Environment, Health and Long.;.Term
Care and. Healtb Promotion, Durham's MPPs, Acting Chief Medical Officer of
Health, and the Council of the Township of South Stormont are so advised;
c) This report Is received for Information; and' .
d) This report Is forwarded to Durham's municipalities and the Durham
Environmental Advisory Committee for information.
REPORT:
1. On October 25, 2006, the Regional Council referred Council Correspondence
item 261 back to the Health Department for further information about
banning/reducing the cosmetic use of pesticides (Appendix A). In essence, the
correspondence. from the CAO/Clerkof the Township of South Stormont urges
the Government of Ontario to regulate the cosmetic use of pesticides on
private property, thus "uploading" this responsibility from lower, single and
upper tier municipalities to the Proviric~.' .
2. As regards the municipal regulation of pesticide use, the Legal Department
advises that historically, the legal authority for lower, single and upper tier
municipalities to' regulate the use of pesticides rested with section 130 of ,the
Municipal Act, 2001. However, 8111130, the Municipal Statute Law Amendment
Actl 2006 repealed section 130. Now the legal authority rests in section 11 of
the Municipal Actl 2001 which states:
(1) A lower-tier municipality and an upper-tier municipality may provide
any service or thing that the municipality considers necessary or desirable
for the public, subject to the rules set out in subsection (4). .
42
Report No.: 2007-MOH-17
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152
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- (2) A lower-tier municip~llity ~Jnd an upper-tier municipality ma)' pass by-
laws, subject to the rules set out in subsection (4), respecting thE! following
matters:
1. Governance structur4~ oftlle municipality and its local board~..
2. Accountability and transplsrency of the municipality and its operations
and of its local boards and their operations.
3. 1:inancial management of l~he municipality and its local boardts.
4. Public assets of the municipality acquired' for the purpose of
exercising Its authority under this or any other Act.
5. Economic, social and envIronmental well-beina of the municipality.
6. Health. sa.few and well-belna of oersons [Emphasis added). .
7. Services and things that the municipality is authorized to provide
under subsecUon (1)~ .
8. Protection lj"person~. and property, Including consumer protection. "
. .
. 3. The Legal Department is not aWiue of any upper tier municipality that has
used such. authority to regulate the use of pesticides. However,' some lower-
tier and single tief' municipalitiesi (e.g., Ottawa, Peterborough and Toronto)
have passed such t,y-laws.
, .
For e.xainple, Toronto's PesUclde 13ylaVl (Municipal Code 612) came.lnto'effect.
on April.1, 2004. By-law violation penalties began to apply for cc,mmerclal
pesticide users such as li!wn care f;:ompanies on September. 1, 2005.
Homeowners and renters will become subject to by-law' penalties on
. September 1, 2007. An "'Intierlm Evaluation Report on Toronto's Pesticide
Bylaw" by Toronto's Medical <OffiCI!r of Health dated February 9, 2007 indicates
that 35% fewer Toronto houslaholCls reported any of use of pesticides on their
lawns, as compared to 2003 (App1endix B). The report also indicates that an
estimated 125 munlclpalitle~; In six, provinces have pesticide b~'.laws. In
Toronto, the by-law Is enforc:ed by Public Healti) Inspectors with specialized
training and certification In Inte"rated Pest Management from the. Ontario
Integrated Pest ManagementJPlal1,t H.ealth Care Council. Since 2004, Public
Health Inspectors have responded to over 3,000 complaints of possible by-law
violations." Appendix C Is a summary on pesticides by-laws and pesticide
reduction programs prepared by Environmental Health staff. .
4. Several Durham municipalities have adopted ttie principles of "Integrated Pest
Management" and/or "Integrated . Plant Health Care " Programs" aimed at
reducing the use of pesticides 0111 municipally-owned properties. In addition,
others such as the Cities of Oshawa and Pickering are exploring the regulation
of the cosmetic USEt of pesticides on both City-owned and private properties
(Appendix D).
5. In Durham Region, the Rapid' Risk Factor Surveillance System (RR.FSS) has
been used to collect local data all the use of pesticides and support for by-
taws. The most recEmt data was cl)lIected from 2001 to 2003; howevl~r, further
43
Report No.: 2007 -MOH-17
:\CHYjF.l',ni;:__.,.~ REPORT~$->-' 2~~~ No: 3
_-3., VI ..:~._,
1 53
data will be collected in the spring of 2007. The RRFSS data can'" l1e' ~
summarized as follows:
. 13% of Durham Region households had no lawn or garden;
. 66% had a lawn or garden which they cared for themselves;
. 20% hired a lawn care company;
. 48% of households applied pesticides themselves;
. 74% of households that hired a lawn care company had the company
apply pesticides on their behalf: and
. Overall, 62% of households with a lawn, garden or hard surface used
pesticides in 2003 (Appendix E).
6. Currently, the Health Department provides information to Durham
municipalities and the community on health issues related to the use of
pesticides, integrated pest management and supporting strategies aimed at
reducing pesticide use. For example, It has published arid distributed
throughout the community a pamphlet entitled, "Reducing Pesticides: A Guide
to Healthy Lawns & Gardens" (Appendix F). The pa~phlet ,and other
information on pesticides can' be found on Region's ,Health portal
(health.~egion~durham.on.ca) under Environmental Health Hazards.
7. Options that the Regional Council, may pursue . respecting the
reduction/regulation of the use pesticides in Durham Region include:
a) Continuing to promote various pest control strategies aimed at reducing
pesticide use to the community, municipalities, retail outlets, school
boards and other stakeholders: '
b) Continuing, to work with Durham municipalities on consistent
approaches to reduced pesticide use including elimination of pesticides
on municipally-owned properties;
c) Supporting local municipal activities or initiatives related to
development of by-laws regulating the use of pesticides including
providing them with credible and relevant health information; and
d) Exploring the development of a Regional by-law in consultation with
Durham's municipalities.
Respectfully submitted,
, MD, MHSc, CCFP, FRCPC
issioner & Medical Officer of Health
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