The Corporation of the Township of Nipigon
By-law Number 1644 Being a By-law to regulate and control the application of pesticides on public and private property in the Township of Nipigon.
WHEREAS Section 130 of the Municipal Act, S.O. 2001, allows municipalities in Ontario to Aregulate matters not specifically provided for by this Act or any other Act for purposes related to the health, safety and well-being of the inhabitants of the municipality@, and such authority has been unanimously confirmed by the Supreme Court of Canada on June 28, 2001 in its decision of 114957 Canada LTEE (Spraytech, societe D=Arrosage) and services fes espaces verts Itee/Chemlawn, vs. the municipality of Hudson, Quebec;
AND WHEREAS the Council of the Township of Nipigon desires to respond to the concerns expressed by Township 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 Township residents.
NOW THEREFORE the Council of The Corporation of the Township of Nipigon enacts as follows:
SECTION 1 B DEFINITIONS
For the purposes of this by-law, the following words and phrases shall have the following meanings:
APesticide@ means any substance, matter, or micro-organism, within the meaning of the Pest Control Products Act (Canada) intended to control, destroy, reduce, attract or repel, directly or indirectly, an organism, which is noxious, harmful, or annoying for a human being, fauna, vegetation, crops or other goods, or intended to regulate the growth of vegetation, excluding medicine or vaccine.
AInspector@ or ADesignated Officer@ means any person designated for this purpose by the Township of Nipigon
ATownship@ means the Corporation of the Township of Nipigon.
APerson@ means any legal person and includes a corporation.
APublic & Private Property@ means the real property including trees, shrubs, plants, turf and other places outside including solid surfaces such as, but not limited to, asphalt and concrete.
SECTION 2 B SCOPE OF BY-LAW
a) This bylaw regulates and controls the application of a pesticide on public and private property throughout the territory of the Township of Nipigon.
SECTION 3 B PROHIBITION
a) Except as provided in Section 4, the Application of a Pesticide is prohibited throughout the territory of the Township.
b) This bylaw shall also apply to the Township, its employees and any other person carrying out work at its request.
SECTION 4 B EXCEPTIONS
4.1 Notwithstanding Section 3, it is permitted to use a pesticide in the following cases:
i) chemical treatment of pools,
ii) purification of water,
iii) within a building,
iv) to control or destroy a health hazard, as ordered by the Medical Officer of Health
v) as an insect repellent for personal use,
vi) as a wood preservative.
vii) on land used for the commercial production of food;
viii) that on a golf course, in the 2008 calendar year only, one application may be
permitted provided it is deemed necessary to maintain the integrity of the course.
4.2 Additional substances deemed permitted pesticides and shall be excluded from provisions of this by-law are contained within Schedule A attached.
SECTION 5 B RULES CONCERNING THE PERMITTED APPLICATON OF A
PESTICIDE
5.1 That for the purpose of SECTION 4:
Any pesticide will be applied in accordance with the written instructions of the
manufacturer and the label on the container.
SECTION 6 B ENFORCEMENT
6.1 The municipality shall be responsible for the enforcement of this bylaw and its agents and Designated Officers shall be authorized to issue statements of offence.
6.2 Any Inspector or Designated Officer of the Township may:
a) Visit and examine any property to ascertain whether there has been compliance with the provisions of this bylaw.
b) During the application of a pesticide, examine all products and equipment
used in the application of the pesticide
c) Take all reasonable steps to determine if the provisions of this bylaw are being respected.
6.3 The Township can take any legal action before the appropriate court of justice in order to obtain compliance with this bylaw.
SECTION 7 B PENALTY
7.1 Any person who contravenes this bylaw is guilty of an offence and, upon conviction is liable to a fine or penalty provided for in the Provincial Offences Act, as amended.
a) For a first infraction, a minimum of one hundred dollars ($100) and a maximum of one thousand dollars ($1,000) if the offender is a natural person or a minimum of two hundred dollars ($200) and a maximum of two thousand dollars ($2,000) if the offender is a corporation or other legal entity;
b) For a repeat infraction, a minimum of two hundred dollars ($200) and a maximum of two thousand dollars ($2,000) if the offender is a natural person or a minimum of five hundred dollars ($500) and a maximum of four thousand dollars ($4,000) if the offender is a corporation or other legal entity.
7.2 If an infraction continues for more than one (1) day, it shall constitute a separate offence for each day during which it continues.
SECTIONS 8 B COMING INTO FORCE
8.1 This bylaw will come into force according to law.
a) The provision of this by-law will come into force with respect to all public and private lands within the Township as of January 1, 2008.
Read a first and second time.
Read a third time.
Enacted and passed this 24th day of July, 2007, A.D.
____________________________MAYOR
_____________________________CLERK
SCHEDULE AA@ TO BY-LAW
As per Section 4 B Exceptions, the following substances are deemed permitted pesticides and shall be excluded from provisions of this by-law:
A) Sticky media
B) Dormant oils
C) Lime Sulphur
D) Horticultural oil
E) Diatomaceous earth
F) Beneficial Nematodes
G) Vinegar (acetic acid)
H) Insecticidal Soap
I) Herbicidal Soap
J) Animal repellents
K) Borax ( boracic acid)
L) BT (bacillus thuringiensis)
M) Other biological control organism
N) Rodenticides
O) Injected tree treatments
P) Bordeaux mixture and other sulphur compounds
Q) Ferric phosphate
R) Pruning paint
S) Pheromone traps
T) Pyrethrum (or pyrethrin)
U) Corn gluten