CHO - The Cosmetic Pesticide Ban Act, 2008

Action Alert:
May 4, 2008
Dear CHO supporters,
We need your help! Please contact your local MPP and also the Ministry of the Environment to ensure that Bill 64 - The Cosmetic Pesticide Ban Act, 2008 - will be made stronger!
According to Samuel Trosow, Associate Professor of law at the University of Western Ontario, the 32 municipal pesticide by-laws in Ontario may be threatened by the Ontario Government's new province-wide pesticide ban Bill -- that while well intentioned, is fundamentally flawed as it is drafted.
Section 7.1 (5) of the Bill states:
"A municipal by-law is inoperative if it addresses the use, sale, offer for sale or transfer of a pesticide that may be used for a cosmetic purpose."
This express preemption of local by-laws is not necessary. Municipal by-laws can co-exist with provincial measure so long as there are no direct conflicts, and there is clear law defining what constitutes such a conflict. It's important to have a local by-law on the books even if there is a similar ban because the city is in a much better position to be conducting enforcement and education about the by-law.
Please write your member of provincial parliament that the province-wide pesticide legislation should not undermine any existing municipal by-laws, and should explicitly permit municipalities to enact their own, more restrictive bylaws if desired, as is, for example, allowed in the Province of Quebec.
Furthermore, Bill 64's open-ended exemption for "other prescribed uses" of pesticides is gaping loophole and should be closed. As the Bill is written now, the Minister could, for example, add exemptions such as weed infestations and the like. It is therefore crucial that any exemptions be narrow and very specifically defined and that overall policy decisions be determined by the elected legislature and not delegated to the provincial bureaucracy. Bill 64 as drafted fails to meet these criteria.
To read Samuel Trosow entire article about the current weaknesses of Bill 64, please click here.
Email, phone or fax your local MPP and also the Ministry of the Environment with your concerns:
Local MPPs for Ottawa are:
The Honorable Dalton McGuinty; Ottawa South - dmcguinty.mpp.co@liberal.ola.org
Tel: 613-736-9573   Fax: 613-736-7374
Phil McNeely; Ottawa--Orléans: pmcneely.mpp@liberal.ola.org
Tel: 613-834-8679   Fax: 613-834-7647
Madeleine Meilleur; Ottawa--Vanier mmeilleur.mpp.co@liberal.ola.org
Tel: 613-744-4484    Fax: 613-744-0889
Yasir Naqvi; Ottawa Centre ynaqvi.mpp@liberal.ola.org
Tel: 613-722-6414   Fax: 613-722-6703
Jim Watson; Ottawa West--Nepean jwatson.mpp@liberal.ola.org
Tel: 613-721-8075 Fax: 613-721-5756
For a full list of MPPs, click here

Archives (Older Action Alerts):
January 2008
Please tell the Ontario Government to ban lawn pesticides
Dear Friend,
As you know, Ontario has promised to enact a ban on lawn and garden pesticides that would protect 12 million Canadians from toxic lawn chemicals. If the legislation passes, it will be a huge step forward for public health. However, as you can imagine, the chemical industry is fighting it every step of the way.
Would you take a moment, right now, to send a quick on-line message to the Environment Ministry to support the pesticide ban? All you need to do is click here.
The deadline for comments is February 17, 2008.
The Ministry of the Environment's press release is located here.
Environmental Sensitivities Voluntary Registry
The City of Ottawa has set up a registry to notify people with environmental sensitivities of adulticiding for West Nile Virus near their homes. For more information, please click here.
Background:
Ottawa City Council Pesticide Voting History
CHO's 2006 Municipal Election Candidates Questionnaire can be viewed by clicking here.
On November 9, 2005 Ottawa Council voted 12 to 9 against a bylaw. As a result, Council failed to keep their December 18, 2002 promise to implement a pesticide bylaw. To listen to an audio recording of the actual council vote, click here. (short download).

City Council Hall of Greatness (those who supported a strong pesticide bylaw)
Mayor Bob Chiarelli Georges Bedard Michel Bellemare Alex Cullen
Clive Doucet Peggy Feltmate Diane Holmes Peter Hume
Jacques Legendre * Janet Stavinga

* Jacques Legendre felt that the compromised bylaw was not strong enough to earn his support. He explains why: click here to listen.
City Council Hall of Shame (those who didn't support a strong pesticide bylaw):
Rainer Bloess Glenn Brooks Rick Chiarelli Diane Deans
Jan Harder Gord Hunter Doug Thompson **
Eli El-Chantiry Rob Jellett Shawn Little Maria McRae

= Hypocrisy Councillor: On December 18, 2002, these members of city council supported the motion stating that if pesticide reduction targets were not met by 2005, then they would direct City Staff to draft a bylaw to be adopted in 2005. They then failed to vote on Oct. 26, 2005 in support of the Health, Recreation, Social Services (HRSS) Committee recommended pesticide bylaw or the Nov. 9, 2005 compromise pesticide by-law (hence hypocrisy)
= Failed to vote in support of the Oct. 26, 2005 Health, Recreation, Social Services (HRSS) Committee recommended pesticide bylaw or the Nov. 9, 2005 compromise pesticide by-law.
** Doug Thompson was not in attendence at City Council to vote on Oct. 26, 2005. However, on Nov. 9, 2005 he failed to vote for a pesticide bylaw that would have protected the health of Otttawa citizens.

Update: On May 28, 2008 the following members of Ottawa City Council voted against endorsing the McGuinty Government's initiative to ban the use and sale of cosmetic pesticides throughout Ontario -- Rob Jellett, Steve Desroches, Eli El-Chantiry, Jan Harder, Doug Thompson, Bob Monette, Gord Hunter. For more information on the Council Vote, please click here.