The 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. An analysis of some existing pesticide bylaws in Ontario can be found here. A listing of municipalities across Canada that have implmented pesticide bylaws can be downloaded here. A legal perspective on the right for municipalities to pass pesticide bylaws can be viewed by clicking here.

Effective alternative practices readily exist for lawn care problems. Permits for exemptions (i.e. for infestatations of weeds and/or grubs) are no longer necessary as a result of organic solutions. The City of Peterborough has already passed a bylaw without this bureaucratic permit feature.

CHO therefore considers the Peterborough bylaw as a model pesticide bylaw for the City of Ottawa to adopt. The Peterborough bylaw is as follows:

THE CORPORATION OF THE CITY OF PETERBOROUGH BY-LAW NUMBER 05-077 BEING A BY-LAW TO REGULATE THE USE OF PESTICIDES WITHIN THE CITY OF PETERBOROUGH

THE CORPORATION OF THE CITY OF PETERBOROUGH BY THE COUNCIL THEREOF HEREBY ENACTS AS FOLLOWS:

WHEREAS Section 130 of the Municipal Act, 2001 authorizes the City to enact bylaws which provide for the protection of the “health, safety and well-being” of City residents;

AND WHEREAS the Council of the City of Peterborough desires to respond to the concerns expressed by City residents about the health risks associated with the use of pesticides;

AND WHEREAS regulating the non-essential use of pesticides will help to promote and protect the health of City residents.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PETERBOROUGH BY ITS COUNCIL ENACTS AS FOLLOWS:

Definitions:
1. In this by-law, the following word has the following meaning:

I.P.M. accredited groundskeeper – means a person who:
(a) obtains and maintains accreditation in a recognized
integrated pest management programme from the
Audubon Cooperative Sanctuary System of Canada, or
equivalent, as determined by the City; and
(b) provides proof of I.P.M. accreditation to the City Clerk on
or before January 31st of each year.

Pesticide – means any substance, other than a substance derived from
plants, plant extracts or microbial pest control agents, which is intended to:
(a) control, destroy, reduce, or repel, directly or indirectly, an animal,
plant or other organism which is harmful or annoying to a human
being; or
(b) inhibit or prevent the growth of plants.

Offence
2. The application or use of a pesticide is prohibited within the boundaries of
the City of Peterborough.

Exceptions
3. Notwithstanding Article 2, it is permitted to apply or use a pesticide in the
following cases:
(a) In a public or private swimming pool;
(b) To purify water for human or animal use;
(c) Inside of a building;
(d) On land used for the commercial production of food;
(e) To control, destroy, reduce or repel, directly or indirectly, an animal,
plant or other organism which is harmful to human health; or
(f) On a golf course, provided that after March 1st, 2007, any such use or
application is permitted only under the direction of an I.P.M.
accredited groundskeeper.

Penalty
4. Any person who contravenes this by-law is guilty of an offence and, upon conviction, is liable to a fine or penalty provided for in the Provincial Offences Act, as amended.

Effective Date
5. This By-law comes into force and effect on March 1, 2006.
By-law read a first and second time this 2nd day of May 2005
By-law read a third time and finally passed this 2nd day of May 2005.
Sylvia Sutherland, Mayor
Nancy Wright-Laking, City Clerk

Source: http://pestinfo.ca/documents/Peterborough_By-law_05-077_.pdf

 


Web CHO

CHO Homepage

To contact CHO, please E-mail: healthyottawa at hotmail dot com

CHO is hosted by Community Web.

Last updated: 10 April, 2007

Legal Notice

Creative Commons License
This work is licensed under a Creative Commons License.