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Background
 

 

   Since June 2001, when the Supreme Court of Canada upheld the pesticide by-law passed by the Town of Hudson, several municipalities in Ontario have implemented similar by-laws.  To date, Cobalt, Perth, Caledon, North Bay, Toronto, Peterborough,  The Archipelago and Thorold have passed by-laws to restrict pesticide use within their boundaries. Many others have opted to public education options.  This approach, however, provides limited protection to Ontario residents.  

   Although municipalities can restrict the use of pesticides within their boundaries, they do not have jurisdiction over the sale of pesticides.  This is a provincial responsibility.  Pesticide by-laws, therefore, can prohibit the application of pesticides by lawn care companies and individuals but cannot prevent retail outlets from selling pesticides. 

   Residents of municipalities that have not adopted by-laws to restrict pesticide use are at risk from pesticide exposure.

Rationale
 

 

The cosmetic use of pesticides in Ontario is a public health issue

   Exposure to lawn and garden pesticides is associated with a host of adverse health effects.   Pesticides Literature Review, a report released by the Ontario College of Family Physicians, showed “consistent links to serious illnesses, such as cancer, reproductive problems and neurological diseases.” 1

   These concerns are shared by other health professionals, including the Canadian Cancer Society, the Registered Nurses Association of Ontario, the Canadian Association of Physicians for the Environment and the Ontario Public Health Association.

Pesticide poisoning incidents reported by Poison Control Centres

   In 1996, the Quebec Poison Control Centre and the Quebec Ministry of Environment and Wildlife released statistics on pesticide poisonings.   In total, there were 1,650 poisoning cases. Of these, 79.4% of the incidence was in private homes and 46.1% of the victims were children under age five. 31% of these cases were due to oral ingestion, and 34.9% followed a pesticide application.2

The Province of Quebec enacted restrictive legislation on the retail sales and use of landscape pesticides in 2003. 

   In March, 2003, the Province of Quebec introduced new regulations to the Pesticide Management Code.  The regulations included an immediate ban on pesticide use around daycare centres and schools and on pesticide use on all public land.  By 2005 pesticide use will be prohibited on all private land.  The regulations apply to 23 pesticide active ingredients that are considered to be known or possible carcinogens or endocrine disruptors by the World Health Organization or the Environmental Protection Agency in the United States.   For the full text of the regulations see:

http://www.menv.gouv.qc.ca/pesticides/permis-en/code-gestion-en/index.htm

There are effective alternatives to lawn and garden pesticides

   Pesticides are not necessary for healthy lawns and gardens.  In response to public interest in pesticide free landscaping information, larger Ontario municipalities and regions have produced booklets, pamphlets and fact sheets.

Recommendations
 

 

  Pesticide reform is overdue in Ontario. 

   Pesticide Reform Ontario recommends the following changes to the Pesticides Act to protect the health of Ontario residents and to protect the environment. 

We support the Ontario government’s plan to enact pesticide legislation and call for a law that:

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prohibits the use, sale and retail display of cosmetic/ornamental pesticides for outdoor, non-agricultural use (including pesticide/fertilizer combinations);

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allows exemptions only to protect public health;

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requires publicity of the ban and public education about alternatives to pesticides;

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includes effective mechanisms for enforcement; and

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is passed in 2008 and fully implemented within the government’s current mandate.

* None of these changes will limit the power of municipalities to enact pesticide by-laws to protect the health safety and well-being of residents in a municipality pursuant to section 130 of the Municipal Act, 2001.

Notes
 
  1.  Ontario College of Family Physicians, News Release, April 23, 2005 http://www.ocfp.on.ca/English/OCFP/Communications/CurrentIssues/Pesticides/

  2. Centre Anti-Poison du Quebec, Rapport annuel 1996: statistiques sur les intoxicantions par les pesticides, April 1997.