Coalition For A Healthy Ottawa

A Model Pesticide By-law

A study of pesticide reduction initiatives in North America and Europe concluded that public education was important but not sufficient, and that legislation was necessary to achieve non-toxic, sustainable landscaping practices. The study is entitled: "The Impact of By-Laws and Public Education Programs on Reducing the Cosmetic / Non-Essential, Residential Use of Pesticides: A Best Practices Review", and can be downloaded here.

A Pesticide-use By-law for the City of Ottawa

An outline of a by-law to protect public health by banning the use of pesticides for non-essential, cosmetic purposes in Ottawa.

Why should Cosmetic Pesticides be banned?

Pesticides hurt. They are toxins meant to kill, and they disrupt living beings other than the target organisms. They are particularly harmful to children and have been linked to many illnesses including cancers, asthma, allergies, autism and attention deficits;

Pesticides go everywhere. They do not stay where they are applied. Pesticides and their degradation products are found in the soil, water and air, and in human tissues, blood, breast milk and semen;

Cosmetic pesticides are unnecessary. There are safer ways to maintain lawns and gardens, and the City of Ottawa has that information available; and

It is the mandate and responsibility of Ottawa Council to protect public health. The Supreme Court of Canada has ruled that municipalities can act in a precautionary manner to protect public health, and in the case of pesticides to restrict their use in the interest of health and good governance. The Federal Minister of Health recognises that local pesticide by-laws will complement federal and provincial regulations.

Key Elements of the Proposed By-law:

Applies outdoors, and does not apply to agriculture or forestry operations.

Deals with non-essential, cosmetic pesticide uses. Uses to protect public health continue.

Allows for permits for professional treatment of infestations.

Golf courses to have a 3-year phase-in.

Enforcement on a complaint basis as a standard nuisance by-law, with education as the first response. (No pesticide police!)

By-law to be phased in - no fines until 2004. (Public education continues.)

The Coalition for a Healthy Ottawa asks Ottawa City Council to pass a by-law to restrict pesticide use on private property based on the principle contained in the City's policy governing pesticide use on municipal property. The City's policy states:

"Public health is the primary determinant as to whether or not a toxic substance shall be used in urban areas of the City of Ottawa. Pesticide use shall be limited to cases where the health risks of application of the pesticide are clearly less than the risk to human health resulting from no action, and where the pesticide to be used poses less risk to health than any other practical method of solving the problem."

Elimination of cosmetic pesticide use is supported by: Ottawa physicians from the Children's Hospital of Eastern Ontario, the Ontario College of Family Physicians, the Ontario Public Health Association, Registered Nurses Association of Ontario, the Canadian Association of Physicians for the Environment, Allergy & Environmental Illness Association, Ottawa & District Labour Council, and many others.

The Proposed By-law:

Preamble: The Ottawa pesticide use policy for City lands is directed at protection of public health. Many hospitals, schools, churches, housing co-operatives, seniors' residences and commercial enterprises have followed suit. Furthermore, the City has public education materials and a web site about safer turf and garden care. These important initiatives must be further developed and maintained to ensure the success of this by-law.

Prohibition: The Application of Pesticides is prohibited throughout the City of Ottawa except as follows:

Low Toxicity Pesticides and Specific Use Pest Control Strategies are permitted under the terms of this by-law.

The use of pesticides is authorized:

For agricultural and forestry operations;

Inside of a building;

In public or private swimming pools, the contents of which will not enter a natural water body;

for purifying water destined for human or animal consumption;

to control an Infestation, with a Temporary Pesticide Application Permit granted by the City of Ottawa.

Pesticides may be applied to golf courses until Jan 1 2006. Golf courses must register with the City by March 1 of each year, and must provide information to the City regarding pesticide inventory and proposed use during the calendar year. A register of pesticide use including identity, quantity, and dates and areas of application must be kept, be available for inspection upon the premises, and be supplied to the City in November of each year. Starting in 2006, only Low Impact Pesticides and Specific Use Pest Control Strategies may be used on golf courses.

Temporary pesticide application permit for treatment of an infestation may be requested by the owner and/or occupant. A Competent Authority must confirm the Infestation and health hazard, and be satisfied that good Environmental Management practices are not sufficient to protect health with regard to the Infestation. The Competent Authority shall have regard to heightened concerns close to Protected Properties. The Application may be made by a licensed pesticide applicator, in compliance with all requirements indicated on the permit, such as safety and notice provisions. The Temporary Permit for Pesticide Application will be valid for 10 days, and must be displayed prominently and in view on the property from the day of receipt until 72 h after the pesticide application. A minimum of 14 days must separate successive pesticide applications for the same infestation.

Requirements for Pesticide Applicators in Ottawa: Applications of any pesticide not described on the lists of Low Toxicity Pesticides or Specific Use Pest Control Strategies must be made by an applicator licensed by the Ministry of Environment and Energy. All owners and occupants of abutting properties, and Protected Properties within 50 m of the property line shall be given 48 h notice of pesticide applications. Throughout the year, the applicator must keep a registry that indicates the identity, and location and quantity of application, of all pesticides used in the City. A copy of this registry must be submitted to the municipality in November of each year.

Nuisance: The use of pesticides contrary to this by-law constitutes a "nuisance".

Enforcement: A by-law officer shall investigate each complaint under this by-law. Where there is evidence of a pesticide application contrary to this by-law, the officer shall inform and provide to the offender an information package on the health risks associated with pesticides and an information package on safer alternatives to pesticides. Only upon repeat offences, and beginning in 2004, shall the penalties under this by-law apply.

Limitations: This by-law does not diminish responsibilities or provisions under any other statute of Ontario or Canada to protect health or to preserve the environment.

Definitions:

Application of pesticides -- including but not limited to, spraying, atomising, gaseous applications, and spreading of pesticides in granular, powder or liquid form.

Competent Authority is a person appointed by the City who has expertise in horticulture, pest control and environmental management.

Environmental Management Landscaping practices (plant selection, design, maintenance, agricultural practices, etc.) to maintain a landscape using only low toxicity pesticides.

Infestation Plants, insects, fungus or other organisms that pose a hazard to human health, such as noxious weeds as defined by legislation, that cannot be controlled by good Environmental Management.

Pesticides are substances, including micro-organisms, that interfere with the normal biological processes of living organisms deemed to be pests, such as noxious plants or weeds, plant diseases, insects, fungi, or other unwanted living things. "Pesticides" includes but is not limited to insecticides, herbicides, fungicides and rodenticides. "Pesticides" includes all products that contain active ingredients of pesticides, such as fertiliser with herbicide.

Low Toxicity Pesticides are pesticides that have a minimal impact on the environment and human health. They may be used without restriction. Low toxicity pesticides share the following characteristics:

they represent the lowest risk, in both the short and long term, for human health;

they have little impact on non-target organisms;

they are specific for the target organism;

they degrade rapidly to non-toxic products;

they represent lowest risk for the environment during their use and their degradation.

A list of pesticides of low toxicity will be maintained by the City. They would include, for instance:

materials that are "generally regarded as safe" (for example food or animal feed grade substances, such as vinegar and corn gluten for weed control, or milk or baking soda for mildew)

soaps, dormant oil, lime/sulphur preparations, borax;

Diatomaceous earth for crawling insect control in sheltered areas and adjacent to buildings; and

bio-pesticides -- organisms that specifically attack certain kinds of insects, such as nematodes to control grubs.

Specific Use Pest Control Strategies are to deal with specific situations putting human health at risk (eg. wasps). A list of least-toxic pest control strategies for health risk situations will be maintained by the Health Department.

Occupant A person other than the owner who occupies a building or, in the case of a commercial establishment, the person who conducts the commercial activity.

Owner The person who holds the deed of the property.

Protected Properties Children's day-care establishments, schools, nursing homes, hospitals, health clinics, places of worship, public lands, old age residences, day camps and playgrounds are protected properties. As well, a residence where the owner and/or one of its occupants exhibits hypersensitivity to pesticides and/or to chemical products will be protected when the hypersensitive individual presents to City Hall a signed letter by a medical doctor licensed to practice in Ontario, attesting to their health condition.