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HomeMy WebLinkAboutOES 12-08 REPORT TO EXECUTIVE COMMITTEE Report Number: OES 12-08 Date: May 12,12QQ8 g:; From: Everett Buntsma Director, Operations & Emergency Services Subject: Draft Pesticide Use By-law and Province of Ontario Bill 64 File: A-1440 Recommendations: 1. That Report OES 12-08 of the Director, Operations & Emergency Services be received; and 2. That the City of Pickering staff prepare comments to be issued to the Province of Ontario as part of the Bill 64 public consultation process. Executive Summary: On April 22, 2008 the Province of Ontario introduced Bill 64, an Act to amend the Pesticides Act to prohibit the use and sale of pesticides that may be used for cosmetic purposes. A copy of Bil/64 and Bil/64 Backgrounder is attached. While the majority of the intent with Bill 64 was similar to the City of Pickering's draft Pesticide Use By-law that was presented to Executive Committee (Report to Executive Committee OES-OS-08 dated March 17, 2008) there were some possible differences. The draft Pesticide Use By-law is attached. The most notable difference is the Province's ability to prohibit the sale of pesticides for cosmetic purposes. In addition, the City of Pickering's draft Pesticide Use By-law had included exemptions for lawn bowling,greens, City sports fields, hard surfaces and insect infestations. The difficulty in comparing Bill 64 to the City's draft Pesticide Use By-law is that Bill 64 does not specifically identify these exemptions, however, there are sections that leave it open for interpretation. These sections that are unclear at the moment will presumably be clearer when the regulations are released. In an effort to ensure the final regulations reflect the City's draft Pesticide Use By-law it is recommended that the City prepare a letter to issue to the Province as part of the comment process. Comments must be submitted to the Province of Ontario by May 22, 2008. OES 12-08 May 12, 2008 Subject: Draft Pesticide Use By-law and Province of Ontario Bill 64 , II t, d 11 Page 2 Financial Implications: Recommendation #1: There are no financial implications. Recommendation #2: There are no financial implications. Sustainability Implications: The implications of Bill 64 to sustainability are similar to those of the draft City of Pickering Pesticide Use By-law. Pesticide restriction is a contentious issue. However, as with any chemical, when misused pesticides can be a problem for both the environment and human health. With regard to the economy, Bill 64 proposes to prohibit the sale and use of pesticides for cosmetic purposes except for a few exemptions including golf courses, forestry, agriculture, public safety and health. This will obviously reduce pesticide sales and pesticide based services. At the same time though, there will be an increased demand for alternative pest control products and for lawn care service providers that offer non-pesticide reliant services. The City of Pickering has already greatly reduced its use of pesticides. As a municipality, if the regulations that result from Bill 64 do not offer exemptions for City sports fields, hard surfaces and insect infestations, there will be a need to increase the use of alternative products, as well as for resources to expand the current cultural practices. Background: As directed by Council in November 2007, City staff implemented a public consultation plan to solicit stakeholder and public feedback on the draft Pesticide Use By-law. The March 17, 2008 Report to Executive Committee (OES 05-08) outlined the results of the public consultation process, staff's recommendations and a revised draft Pesticide Use By-law. At that point Executive Committee requested staff to submit the draft Pesticide Use By-law to the Province of Ontario. Executive Committee also requested that staff provide an update as to the status of the Provincial pesticide legislation as well as more detail about the enforcement costs associated with a municipal by-law. On April 9, 2008 staff submitted a Memorandum (0-9000) indicating that the City of Pickering's draft Pesticide Use By-law had been submitted to the Province and what the status of the legislation was at that time. On April 22, 2008 the Province of Ontario introduced Bill 64, an Act to amend the Pesticide Act to prohibit the use and sale of pesticides that may be used for cosmetic purposes. The public comment period for Bill 64 concludes on May 22, 2008. Bill 64 indicates that a municipal pesticide by-law will be inoperative if it addresses the use, sale or transfer of a pesticide used for cosmetic purposes. Therefore, there is no reason to submit a report regarding the cost of enforcement. OES 12-08 May 12, 2008 Subject: Draft Pesticide Use By-law and Province of Ontario Bill 64 Page 3 \.( (....1 This report serves to identify the possible differences between the City of Pickering's draft Pesticide Use By-law and Bill 64. Since the possible regulations associated with Bill 64 have not been issued, differences can only be identified by omission. This includes the following: The main difference is the Province's ability to regulate the sale of pesticides. Prohibiting the sale of pesticides for cosmetic use will greatly improve the ability to enforce the pesticide use regulation. Bill 64 includes a provision to allow golf courses the ability under certain circumstances to apply pesticides, however, it does not list lawn bowling greens. The City's draft Pesticide Use By-law included an exemption for lawn bowling greens. Bill 64 does not include a clear provision to allow municipalities to spot spray on warning tracks and City managed sports fields if 30 percent threshold of non- qualified turf is identified. The City's draft Pesticide Use By-law included an exemption for this situation. Bill 64 does include a general exemption for "uses related to public health and safety". In discussion with City staff, it was communicated that failing to remove weeds from warning tracks poses a safety concern. In addition, staff indicated that spot applications on sports fields if the presence of non-qualified sports turf exceeds 30 percent was strictly for safety reasons. Failing to remove weeds increases the risk factor and liability for athletes. If the weed population in a sports field is greater than 50 percent, for safety reasons, a complete rehabilitation of all the turf on that field will be required. This will have significant cost implications as well as impact sport teams' ability to use the fields. Under the draft Pesticide Use By-law, spot applications were to be used as a last resort and not in place of cultural practices. At this time we can not assume what the future regulation will stipulate as to what is meant by Bill 64's reference to "uses related to public health and safety". Bill 64 does not include an exemption for hard surfaces. The City's draft Pesticide Use By-law included an exemption for this situation. The ability to use spot treatments on hard surfaces was from a financial perspective, not a health and safety matter. The City has a very large area of hard surfaces to maintain and does not have the resources at this time to be able to treat the weeds using alternative methods. Bill 64 does not include an exemption for general insect infestation in turf. There is an exemption within Bill 64 for insects in relation to Forestry, managing West Nile Virus, Agriculture and stinging insects. The City's draft Pesticide Use By- law included an exemption for situations where there was a presence of insects in number or conditions that involved an immediate or potential risk of substantial loss or damage to property. i:r. OES 12-08 May 12, 2008 Subject: Draft Pesticide Use By-law and Province of Ontario Bill 64 Page 4 (3 () law included an exemption for situations where there was a presence of insects in number or conditions that involved an immediate or potential risk of substantial loss or damage to property. The specifics regarding enforcement and who will enforce the legislation has not been indicated. Information regarding how the phase-in of the legislation will be carried out has not been released. Staff recommend that comments be submitted to the Province of Ontario requesting that upon development of the regulations, considerations be given to provide exemptions as outlined above for lawn bowling greens, municipalities to spot spray on warning tracks, municipalities to spot treat sport fields if 30 percent threshold of non- qualified turf is identified, municipalities to spot treat hard surfaces and insect infestations. Attachments: 1. Bill 64 2. Bill 64 Backgrounder 3. City of Pickering Draft Pesticide Use By-law Prepared By: Approved I Endorsed By: /1' . .~ J'\}f, j '---~.. r-"I'~'~~" '. Joht1 Hannah -Superintendent, Municipal Operations ///_./..-,'" _._~::X: /~/. . '// /,./.. / '/ .. ....' / .... ,/ ..' L-- Everett Iklntsma Director, Operations & Emergency Services " '~ . \ ~ Ltu\\ '-\U ,/ ( ~~t.~ > c./ . ''- , Chantal Whitaker Coordinator, Environmental Awareness Programs OES 12-08 May 12, 2008 Subject: Draft Pesticide Use By-law and Province of Ontario Bill 64 Page 5 I, j( / ',J ; Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ...,-~---- / POR1H~)2 -08 _,_,_,~~_'" C,< i, " CJ t~ 1ST SESSION, 39THLEGlSLATURE, ONTARIO 57 ELlZABETII 11, 2008 1 re SESSION, 3ge LEGISLATURE. ONTARIO 57 ELIZABETH 11, 2008 Bill 64 Projet de loi 64 An Act to amend the Pesticides Act to prohibit the use and sale of pesticides that may be used for cosmetic purposes Loi modifiant la Loi sur les pesticides en vue d'interdire I'usage et la vente de pesticides pouvant etre utilises it des fins esthetiques The Hon. J. Gerretsen Minister of the Environment L'honorable J. Gerretsen Ministre de l'Environnement Government Bill Projet de loi du gouvernement I st Reading 2nd Reading April 22, 2008 I re lecture 22 avril 2008 2" lecture 3rd Reading 3" lecture Royal Assent Sanction royale Printed by the Legislative Assembly of Ontario Imprime par I' Assemblee legislative de l'Ontario $@ I :t. EXPLANA TORY NOTE The Bill amends the Pesticides Act to prohibit the use and sale of certain pesticides that may be used for cosmetic purposes. .. /Ie ~ / 2-0 ~ ....J='.....~-._.._.,"" ~.. ."j (\ NOTE EXPLICATIVE Le projet de loi moditie la Loi sur les pesticides en vue d'inter- dire l'usage et la vente de certains pesticides pouvant etre utili- scs it dcs tins csthctiques. I 3 .5" , I " / 8 ill 64 2008 An Act to amend the Pesticides Act to prohibit the use and sale of pesticides that may be used for cosmetic purposes Note: This Act amends the Pesticides Act. For the legis- lative history of the Act, see the Table of Consolidated Public Statutes - Detailed Legislative History on w\\<W.e- Laws.gov.on.ca. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. (1) Subsection 1 (1) of the Pesticides Act is amended by adding the following definition: "cosmetic" means non-essential; ("esth6tique") (2) Section 1 of the Act is amended by adding the following subsection: Use of pesticide (4) For the plUposes of this Act, (a) the placement or application of a pesticide is a use of the pesticide; and (b) the mixing, dilution or loading of a pesticide for the purpose of placing or applying it is a use of the pesticide. 2. The Act is amended by adding the following sec- tion: Prohibitions - pesticides used for cosmetic purposes 7.1 (1) No person shall use or cause or permit the use in, on or over land of a pesticide that has been prescribed for the purpose of this subsection. i<:u-epted uses (2) Subject to the regulations, subsection (l) does not apply to the following uses of a pesticide: I. Uses related to golf courses, if any prescribed con- ditions have been met. 2. Uses related to agriculture. 3. Uses related to forestry. 4. Uses related to the promotion of public health or safety. 5. Other prescribed uses. a?:S /2 -og Projet de loi 64 2008 Loi modifiant la Loi sur les pesticides en vue d'interdire I'usage et la vente de pesticides pouvant etre utilises it des fins esthetiques Remarque : La presente loi modifie la Loi sur les pestici- des, dont I 'historique legislatif figure a la page pertincnte de l'Historique legislatif detaille des lois d'interet public codifiees sur Ie site www.lois-en-ligne.gouv.on.ca. Sa Majeste, sur l'avis et avec Ie consentement de l'Assemblee legislative de la province de l'Ontario, edicte : 1. (1) Le paragraphe 1 (1) de la Loi sur /.es pestici- de.5 est modifie par adjonction de la definition sui- vante: <<csthetique)) Non essentieJ. (<<cosmetic))) (2) L'article 1 de la Loi est modifie par adjonction du paragraphe suivant : Usage de pesticides (4) Pour l'application de la presente loi : a) la mise en place ou l'application d'un pesticide constituc lUlusagc de celui-ci; b) Ie melange, la dilution ou Ie chargement d'un pes- ticide aux fins de sa mise en place ou de son appli- cation en cOll.,>titue un usage. 2. La Loi est modifiee par adjonction de I'article suivant : Usages interdits : pesticides utilises II des fins esthetiques 7.1 (I) Nul ne doit utiliser dans ou sur un terrain, ou au-dessus de celui-ei, un pesticide qui est prescrit pour l'application du present paragraphe, ni pennettre ou faire en sorte que eela se fasse. Usages: exceptions (2) Sous reserve des reglement", Ie paragraphe (l) ne s'applique pas aux usages suivants d'un pesticide: I. Les usages relatifs aux terrains de golf, si les conditions prescrites, Ie cas echeant, ont ete rem- plies. 2. Les usages rclatifs a l'agriculture. 3. Les usages relatifs aux activites foresticres. 4. Les usages relatifs a la promotion de la sante ou de la sccuritc publiques 5. Les autres usages prescrits. /~(!e.5 /2-0 g 4 :{ COSMETIC PESTICIDES BAN ACT, 2008 2 Requirements related to excepted uses (3) A person who, pursuant to subsection (2), uses a pesticide prescribed for the purpose of subsection (1) shall comply with such requirements as may be pre- scrihed. Prohibition on sale, etc. (4) Despite section 6, no person shall sell, offer to sell or transfer a pesticide that has been prescribed for the purpose of this subsection. By-laws inoperative (5) A municipal by-law is inoperative if it addresses the use, sale, o1Ter for sale or transfer of a pesticide that may be used for a cosmetic purpose. 3. The definition of "offence" in subsection 23 (1) of the Act is amended by striking out "4, 6 or 7" and substituting "4, 6, 7 or 7.1". 4. Section 34 of the Act is amended by adding the following subsection: Exception (2) Subsection (1) does not authorize the Director to exempt a person from a provision of a regulation made with respect to section 7.1. 5. (1) Section 35 of the Act is amended by adding the following paragraphs: 38. prescribing pesticides for the purpose of subsection 7.1 (1) or (4); 39. defining golf courses for the purpose of paragraph I of subsection 7.1 (2); 40. defining agriculture for the purpose of paragraph 2 of subsection 7.1 (2); 41. defming forestry for the purpose of paragraph 3 of subsection 7.1 (2); 42. defining promotion of public health or safety for the purpose of paragraph 4 of subsection 7.1 (2); 43. prescribing uses for the purpose of paragraph 5 of subsection 7.1 (2); 44. prescribing conditions that must be met for para- graph 1 of subsection 7. I (2) to apply; 45. prescribing requirements that must be complied with for the purpose of subsection 7.1 (3); 46. prescribing sales, offers to sell or transfers to which subsection 7.1 (4) does not apply; 47. providing for such transitional matters as the Lieu- tenant Governor in Council considers necessary or advisahle in relation to section 7.1 ; 48. prescribing municipal by-laws to which subsection 7.1 (5) docs not apply. (2) Section 35 of the Act is amended by adding the following subsections: c) ./ Exigences : exceptions (3) Quiconque utilise, conformement au paragraphe (2), un pesticide prescrit pour l'application du paragraphe (1 ) cst tenu de satisfaire aux exigences prescrites. Vente interdite (4) Malgre l'article 6, nul ne doit vendre, mettre en vente ou transferer un pesticide qui est prescrit pour I'application du present paragraphe. Reglements municipaux sans effet (5) Est sans effet Ie reglement municipal qui traite de l'usage, de la vente, de la mise en vente ou du transfert d'un pesticide pouvant etre utilise a une fin esthetique. 3. La definition de <<infraction>> au paragraphe 23 (1) de la Loi est modifiee par substitution de <<4, 6, 7 ou 7.1>> it <<4, 6 ou 7>>. 4. L'article 34 de la Loi est modifie par adjonction du paragraphe suivant : Exception (2) Le paragraphe (1) n'autorise pas Ie directeur a exempter une personne d'une disposition d'un reglement pris it l' 6gard de I' article 7.1. 5. (l) L'article 35 de la Loi est moditic par adjonc- tion des dispositions suivantes : 38. prescrire des pesticides pour l'application du para- graphe7.1 (I)ou(4); 39. defmir <<terrains de golf>> pour I'application de la disposition I du paragraphe 7.1 (2); 40. dCfinir <<agriculture>> pour l'application de la dispo- sition 2 du paragraphe 7.1 (2); 41. defmir <<activites forestieres>> pour l'application de la disposition 3 du paragraphe 7.1 (2); 42. defmir <<promotion de la sante ou de la securite publiques>> pour l'application de la disposition 4 du paragraphe 7.1 (2); 43. prescrire des usages pour l'application de la dispo- sition 5 du paragraphe 7.1 (2); 44. prescrire les conditions qui doivent etre remplies pour que la disposition 1 du paragraphe 7.1 (2) s' applique; 45. prescrirc les cxigences auxquelles il doit etre satis- fait pour l'application du paragraphe 7.1 (3); 46. prescrire les ventes, mises en vente ou transferts all'(quels Ie paragraphe 7.1 (4) ne s'applique pas; 47. prevoir les questions transitoires que Ie lieutenant- gouverneur en conseil estime necessaires ou sou- haitables relativement ,ll'article 7.1; 48. prescrire les reglements municipaux auxquels Ie paragraphe 7.1 (5) ne s'applique pas. (2) L'article 35 de la Loi est modifie par adjonction des paragraphes suivants : I 5 OE5> /Z-o ~ S".. t I I ) ,I [, I,or DE 2008 SUR L 'INTERDICTION DES PESTICIDES UTILISf:s A DES FINS ESTHETIQUES 3 Pesticides prescribed for s. 7.1 (2) A regulation made under paragraph 38 of subsec- tion (1) shall not prescribe a pesticide unless the pesticide may be used for a cosmetic purpose. Municipal by-laws to which s. 7.1 (5) does not apply (3) A regulation made under paragraph 48 of subsec- tion (1) shall not prescribe a municipal by-law unless the passing ofthe by-law is required under an Act. Commenceml'nt 6. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. Sh ort title 7. The short title of this Act is the Cosmetic Pesti- cides Ban Act, 2008. Pesticides prescrits pour I'application de I'art. 7.1 (2) Le n':glement pris en application de la disposition 38 du paragraphe (1) ne peut prescrire un pesticide que si ce demier peut etre utilise a une fin esthetique. Reglements municipaux : non-application du par. 7.1 (5) (3) Le rcglement pris en application de la disposition 48 du paragraphe (1) ne peut prescrire un rcglement mu- nicipal que si J'adoption de celui-ci est exig6e aux termes d' une loi. Entree en vigueur 6. La presente loi entre en vigueur Ie jour que Ie lieutenant-gouverneur fixe par proclamation. Titre abrege 7. Le titre abrege de la presente loi est Loi de 2008 sur l'interdiction des pesticides utilises a des fins esthe- tiques. ~ I 7 oes 12-()~ ,) ';, ,,~ t? Ontario Ministry of the Environment April 22, 2008 The Proposed Cosmetic Pesticides Ban Act The Cosmetic Pesticides Ban Act would, if passed, amend the Pesticides Act and give the province the authority to: · Ban the use and sale of pesticides, which include herbicides, fungicides and insecticides, for cosmetic purposes · Make exceptions for agriculture, forestry, health or safety, and golf courses, with conditions · Supercede existing municipal cosmetic pesticides by-laws. The proposed ban is part of the McGuinty government's toxic reduction strategy to reduce pollution and protect families from toxic chemicals. If the legislation is enacted, pesticide products and active ingredients that would be subject to the sale and use bans will be determined in consultation with Ontarians and detailed in a regulation. A preliminary list of pesticides has been developed to promote discussion about the types of pesticides that could be prescribed for the sale and the use bans. It is available at www.ontario.ca/pesticides. The regulation would also: · Define the exceptions that will be made for agriculture and forestry · Prescribe other excepted uses (for health or safety issues, for example) · Outline the conditions which would allow golf courses to continue pesticide use. Exceptions are proposed for the agriculture and forestry sectors to protect and enhance food production and our forests, plus there are already strict rules on their use and storage. Reducing unnecessary risk to children Children's smaller size and greater exploratory behaviour make them more likely to come into direct contact with pesticide residues in the environment, and once exposed, they are generally more susceptible to the potential toxic effects of pesticides because of their immature stage of development. Many studies have identified pesticides and other chemicals in human tissues and fluids, including those of infants. The proposed legislation takes a prudent approach to reduce potential risk, especially to the most vulnerable members of society, from the cosmetic use of pesticides. One set of rules for the province The province's proposal to overrule existing municipal cosmetic pesticides by-laws is to ensure all Ontarians are protected regardless of where they live. The proposed legislation also goes beyond the 'use' to include the sale of cosmetic pesticides, and provides a level of consistency and regulatory certainty for residents and for businesses operating in different areas of the province. 1 q l~ J 2- 2. oe-s {2-0rt 7 Current pesticides legislation All pesticides imported into, sold or used in Canada are regulated nationally under the federal Pest Control Products Act. The Ontario Pesticides Act and Regulation 914 provide the province's regulatory framework for pesticide management. The Ministry of the Environment, through this legislation, regulates the sale, use, transportation, storage and disposal of pesticides. It issues pesticide applicator, operator and vendor licenses, monitors compliance and enforces the regulation. Mainly through outreach and education, as well as training, the ministry provides direction on the responsible use of pesticides and encourages and promotes reduced reliance on pesticides. The province's toxic reduction strategy The Ontario government is committed to developing a comprehensive toxic reduction strategy, the legislation to support it and to ensuring that the public is kept informed of health and environmental hazards. It will work with Cancer Care Ontario and the Ontario Medical Association to identify, target and reduce the number of cancer-causing agents released in the environment; and work to support the development and installation of new technologies to reduce industry reliance on toxic chemicals. John Karapita, Minister's Office, 416-314-6736 John Steele, Ministry of the Environment, 416-314-6666 ontario.ca/envi ronment-news Disponible en fram;ais 2 2 ~ _"P.g$ IZ-~O~ 1 .... \ ~)~ :~} f'~ t? Ontario Ministry of the Environment April 22, 2008 Questions and Answers on Banning Pesticides for Cosmetic Purposes Why is the government introducing a ban on the use and sale of cosmetic pesticides? · The McGuinty government is committed to reducing Ontarians' exposure to toxic chemicals in our air, water, land and consumer products. · The use of pesticides for cosmetic purposes is an unnecessary risk to human health, particularly children's health. · Children's smaller size and greater exploratory behaviour make them more likely to come into direct contact with pesticide residues in the environment. Once exposed, they are generally more susceptible to the potential toxic effects of pesticides because of their immature stage of development. · Banning the sale, as well as the use, is the strongest possible approach to eliminating pesticides for cosmetic purposes since they will not be available for people to buy. A ban on the sale is strongly supported by environmental and health groups as well as the general public. What does the legislation do?- . If enacted, it will: Prohibit the use and sale of pesticides for cosmetic or non-essential purposes (the list of pesticide products and active ingredients would be specified in a regulation to come at a later date) Make exceptions for agriculture, forestry, the promotion of public health or safety and golf courses supercede municipal pesticide by-laws for cosmetic purposes. · If enacted, the legislation would give the province the authority to make regulations. The regulations would identify the pesticides which would be prohibited, define the exceptions to the use ban, and identify any conditions attached to the exceptions. 1 ~) h ./ '," L Lf 1, !-; Q t:>. I '2. -o~ Why does the Bill provide exceptions for certain sectors? .. The intent of the proposed legislation is to prohibit the unnecessary use of pesticides to protect human health, especially children's health. · Exceptions are being proposed for the agriculture and forestry sectors to protect and enhance food production and our forests, plus there are already strict rules on their use and storage. · Golf courses are excepted because of their specialized nature, but only if certain conditions are met. These would be detailed in a regulation that would be made detailing the specifics of the ban, if the legislation is enacted. · There will be exceptions for health and safety reasons, too. Some examples might be to manage mosquitoes which can carry the West Nile Virus, or to control stinging insects or poison ivy, or products that protect the health of pets. Are rural residents included? · Yes. The intent of the proposed legislation is to protect human health, especially children's health, regardless of where children may live in the province. When will the ban take effect? · The timing depends on the passing of the legislation by the Legislature of Ontario. · If passed, a draft regulation would be developed and posted for public consultation. The draft regulation would include proposed timing for implementation. What will happen to existing municipal pesticide by-laws? · The government's proposed ban builds on the leadership shown by those municipalities that introduced bans or imposed restrictions on cosmetic pesticides over the past several months. · It's important, however, to extend that protection to all children and families regardless of where they live. That's why the government is introducing one comprehensive ban for the province. -30- For more information, visit the ministry's web site at: www.ontario.ca/pesticides 2 r'~ t? Ontario Ministry of the Environment Proposed Legislation to Ban the Use of Pesticides for Cosmetic Purposes The Minister of the Environment introduced the Cosmetic Pesticides Ban Act in the Legislature of Ontario on April 22, 2008. The bill contains provisions that would ban the use and sale of certain prescribed pesticides in Ontario. The bill also contains proposed regulation making authority for the Lieutenant Governor in Council to make regulations prescribing pesticides to which the use and sale bans contained in the Bill would apply. Accordingly, if the bill is enacted, a regulation may be made prescribing such pesticides. Who Proposed ban Alternatives Proposed exemptions Why Proposed Approach Agriculture Uses related to agriculture Farmers already have strict Uses related to rules for the use and storage agriculture to be defined of pesticides by regulation Front and back yards Fertilize and water properly Uses related to health or safety Necessary use of pesticides Uses related to health or of farm homes to keep lawns healthy and for health or safety purposes safety to be defined by including lawns, pull weeds by hand or use - Manage West Nile Virus regulation ornamental plantings, special tools designed for - Stinging insects vegetable gardens, the job. Use of lower-risk - patios, driveways, products to be trees Maintain healthy plants and considered and defined monitor for early signs of by regulation pest problems. Use exemption for trees For tips on caring naturally or tree injection only to be for lawns and gardens, visit considered and defined wvvw. ontario. ca/enVlronment by regulation and click on "pesticides" Commercial Commercial, See above See above See above See above businesses institutional and industrial properties including parks, school yards, cemeteries, rights-of- way Cottage Cottage properties See above See above See above See above owners includinQ lawns, <;'l :'j:: I~ 'V' -;> t o ~ '''~~.l Who ProDosed ban Alternatives ProDosed exemDtions Why ProDosed ADDroach ornamental plantings, vegetable gardens, ",;.: patios, driveways, ":):..:. trees Federal Uses on federal properties Complying with proposed government such as army bases, railroad provincial legislation and utilities are for the most would be encouraged. part not subject to provincial leaislation. First Nations First Nations land is not Complying with proposed subject to provincial provincial legislation leaislation. would be encouraaed. Forestry Uses related to forestry There are strict rules around Uses related to forestry to the use of pesticides in be defined by regulation forestry General public Residential properties Fertilize and water properly Uses related to health or safety Necessary use of pesticides Uses related to health or including lawns, to keep lawns healthy and for health or safety purposes safety to be defined by ornamental plantings, pull weeds by hand or use - Manage West Nile Virus regulation vegetable gardens, special tools designed for - Control stinging insects Use of lower-risk patios, driveways, the job. products to be trees considered and defined Maintain healthy plants and by regulation monitor for early signs of Use exemption for trees pest problems. or tree injection only to be considered and defined For tips on caring naturally by regulation for lawns and gardens, visit WNN ontano. ca/environment and click on "oesticides" N +\ b r-, 'V' N << c oQ 2 Who ProDosed ban Alternatives Prooosed exemotions Whv Prooosed Aooroach Golf Courses Uses related to golf courses Increased need for pesticides Uses related to golf to maintain specialized turf courses and attendant required for playing and conditions to be defined Duttina surfaces bv reaulation Land around the See above Uses related to health or safety Necessary use of pesticides Uses related to health or clubhouse including for health or safety purposes safety to be defined by lawns, ornamental - Manage West Nile Virus regulation plantings, gardens, - Control stinging insects trees, driveways Use of lower-risk products to be considered and defined by regulation Use exemption for trees or tree injection only to be considered and defined bv reaulation - Licensed All residential, See above See above See above See above exterminators industrial, commercial and -.....' institutional properties including parks, .. school yards, cemeteries, rights-of- wav Municipalities Municipal land See above See above See above See above including parks, school yards, rights- of-way, conservation authorities Provincial Provincial land See above See above See above See above government including parks, aardens ~ C l\", C/' N , C> 0<:.:. Note: Prohibitions are proposed for uses on land; not inside buildings, homes or other structures. 3 '..;;) r ..... 3 I (, '1 ;.; THE CORPORATION OF THE CITY OF PICKERING ~..Qt;3 J 2-() r BY-lAW NO. 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, "City" means The Corporation of The City of Pickering or the geographic area of the City of Pickering, as the context requires; "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; "officer" means a municipal by-law enforcement officer appointed by the City; "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; "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 "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". Pesticide Use By-Law No. XXXXl08 3 _'N'_'?-. ' _ / 2. -() t ,('RFDOR1# DC: S P 2 .' -, -- age 4L~ References to Legislation '1 n \ I 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 by-law 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. PART" - USE OF PESTICIDES P roh i bitions 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 applied 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 Exemption 10. Section 8 does not apply where the pesticide is used for pest control within a residence or other building. Pesticide Use By-Law No. XXXXl08 1 ~. r) U !.'. Insect Infestation Exemption 3 3 (Pn OtS Iz-ot Page 3 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 application of the pesticide 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 applied 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 applied to control invasive species on lands owned or managed by a conservation authority established under the Conservation Authorities Act. Golf Course, Driving Range and Lawn Bowling Green Exemption 15. Section 8 does not apply where the pesticide is applied on a golf course, golf driving range or a lawn bowling green. City Sports Fields Exemptions 16. (1) Section 8 does not apply where the pesticide is applied on a sports field owned or managed by the City containing more than 30% non-qualified sports turf. (2) Section 8 does not apply where the pesticide is applied to eliminate weed growth that may pose a safety concern on a baseball field warning track. Hard Surface Exemption 17. Section 8 does not apply where the pesticide is applied on a City owned hard surface where a threat to infrastructure has been identified. For purposes of this section, "hard surface" means asphalt, concrete, interlocking brick or block, crushed or solid stone, gravel, slag, ground asphalt, wood or any other non- porous material. Pesticide Use By-Law No. XXXXl08 3 ._.__..~ ~ bCS ) z~ Page 4 1 i '<" '.' Utility Exemption 18. Section 8 does not apply where the pesticide is applied within a hydro corridor, beneath the power lines that exit the powerhouse on Ontario Power Generation property, or at any hydro substation, gas distribution station or gas transmission station. General Exemptions 19. Section 8 does not apply where pesticides are applied, (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 for personal use. Exemption Qualifications 20. No person shall be entitled to the benefit of any exemption under this by-law unless the pesticide is applied, (a) by an applicator with an IPM accreditation; and (b) only to the area specifically identified as requiring the application. PART III - ENFORCEMENT Inspections 21. 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. 22. 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 Pesticide Use By-Law No. XXXXl08 3 5" (p oeS {z~()<6 Page 5 ,..., (---\ /~ I u.f (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. 23. No person shall obstruct the officer inspecting or withhold, destroy, conceal or refuse to furnish any information or thing required by the officer. Penalties 24. 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 25. . 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 26. This by-law may be referred to as the "Pesticide Use By-law". Effective Date 27. This by-law comes into effect on January 1, 2009. BY-LAW read a first, second and third time and finally passed this _ day of 2008. David Ryan, Mayor Debi Bentley, City Clerk 3 Ce ~ SCHEDULE "A" 6ES 12-~i 1 ;'";, , ! l! ::1 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 called "dormant or horticultural oil", (c) silicon dioxide, also called "diatomaceous earth"; (d) biological pesticides, including St (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.