On Monday November 19, 2007, the Township of Russell, Ontario
adopted a pesticide bylaw covering both public and private property at their
Regular Council Meeting.
Township of Russell
717 Notre-Dame Street
Embrun (ON) K0A 1W1
Canada
Tel: (613) 443-3066
Fax : (613) 443-1042
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THE CORPORATION OF THE TOWNSHIP OF RUSSELL
By-law 96-2007
“PESTICIDE CONTROL BY-LAW”
A by-law to control the application of pesticides, except for
agricultural use, within the Township of Russell
WHEREAS the Municipal Act, S.O. 2001, c.25, Section 130 allows municipalities in
Ontario to
“regulate 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 WHEREAS the Council of the Corporation of the Township of Russell 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 Russell hereby
enacts
as follows:
1. DEFINITIONS
1.1 In this by-law the following definitions shall apply:
1.1.1 “Agricultural Use” shall mean the use of land, building or structures for:
1.1.1.1 the growing of crops, including all related activities such as
soil preparation, manure or fertilizer spreading, soil
conditioning (including the spreading of sewage stabilized
biosolids and /or other stabilized wastes, subject to a
Certificate of Approval issued by the Ministry of Environment
and Energy), planting, spraying, irrigating, harvesting, and
also including the storage, processing and sale of crops;
1.1.1.2 the raising, boarding, keeping and sale of all forms of
livestock, except dogs, including all related activities such as
breeding, training, feeding and grazing and including the
raising of fish;
1.1.1.3 the production of animal products such as milk, eggs, wool,
fur or honey, including related activities such as the
collection, storage and sale of the products;
1.1.1.4 a greenhouse or nursery garden, including storage and sale
the products;
1.1.1.5 and also including the use and storage and repair of all forms
of equipment or machinery needed to accomplish the
foregoing activities.
1.2 Agricultural use shall not be construed to include commercial or industrial
activities related to agriculture such as abattoirs, tanneries, grain drying and
sale
of outlets, or the manufacturing or processing activities involving farm crops
or
animal products.
1.2.1 “Application” means any method used to spread or spray a pesticide;
1.2.2 ‘Farmer” means a farm producer or horticulturalist;
1.2.3 “Municipality” means the Corporation of the Township of Russell;
1.2.4 “Pesticide” means any substance that is manufactured, represented, sold
or used as a means of directly or indirectly controlling, preventing,
destroying, mitigating, attracting or repelling any pest and includes any
organism, substance or thing registered under the Pest Control Products
Act (Canada) or as defined in the Pesticides Act of Ontario, RSO 1990 as
amended. Pesticides also means a substance that is registered as a pest
control product and includes but is not limited to herbicide, insecticides,
fungicide and rodenticides. Included in this definition are weed and feed
products that contain the herbicide 2,4-d, mecoprop and dicamba.
1.2.5 “Treated Property” means the lot or property upon a portion of which a
pesticide has been or will be applied;
2. GENERAL REGULATIONS
2.1 Except as provided for in sections 3, no person shall apply pesticides
within the
boundaries of the Township of Russell
2.2 Anyone offering for sale any pesticide for the purpose outlined in section
3.2
shall:
2.2.1 post a copy of this by-law;
2.2.2 make available an adequate number of warning signs indicating the
information required pursuant to the Pesticide Act, R.S.O 1990, c. P-11
as amended.
3. EXEMPTIONS
3.1 Notwithstanding section 2, it is permitted to use a pesticide in the
following
cases:
3.1.1 In furtherance of a normal farm practice carried on as part of an
agricultural operation pursuant to the Farming and Food Production
Protection Act, 1998;
3.1.2 In a public or private swimming pool;
3.1.3 To purify water intended for the use of human beings or animals;
3.1.4 Inside a building;
3.1.5 To control or destroy insects which have caused infestation to
property;
3.1.6 To control termites;
3.1.7 To exterminate or repel rodents;
3.1.8 As a wood preservative which does not contain Copper Chromium
Arsenate;
3.1.9 For injection into trees, stumps or wooden poles;
3.1.10 To comply with the Weed Control Act, R.S.O. 1990, c. W.5 and the
regulations made thereunder.
3.2 ALTERNATIVES TO PESTICIDES
3.2.1 Notwithstanding section 2, the following substances are deemed
permitted pesticides and shall be excluded from provisions of this by-
law:
3.2.1.1 Insecticidal Soaps
3.2.1.2 Herbicidal Soaps
3.2.1.3 Bt (Bacillus Thuringiensis)
3.2.1.4 Nematodes
3.2.1.5 Other Biological Control Organisms
3.2.1.6 Animal Repellents
3.2.1.7 Injected Tree Treatments
3.2.1.8 Sticky Media
3.2.1.9 Borax
3.2.1.10 Mineral Oils
3.2.1.11 Dormant Oils
3.2.1.12 Horticultural Oils
3.2.1.13 Bordeaux Mixture and other Sulphur Compounds
3.2.1.14 Lime Sulphur
3.2.1.15 Ferric Phosphate
3.2.1.16 Pruning Paint
3.2.1.17 Pheromone Traps
3.2.1.18 Pyrethrum (or Pyrethrin)
3.2.1.19 Diatomaceous Earth
3.2.1.20 Acetic Acid
3.2.1.21 Fatty Acid
3.2.1.22 Corn Gluten
4. OFFENCES
4.1 Every person who contravenes any provision of this by-law is guilty of an
offence
and upon conviction is liable to a fine as provided for in the Provincial
Offences
Act, R.S.O. 1990, c.P-33 as amended.
4.2 Upon registering a conviction for a contravention of any provisions of this
by-law,
the Provincial Offences Court may, in addition to any other remedy and to any
penalty imposed by the by-law make an order prohibiting the continuation or
repetition of the offence by the person convicted.
5. SEVERABILITY
5.1 If any section or subsections of this by-law or parts thereof are found by
any
Court to be illegal or beyond the power of Council or the Corporation of the
Township of Russell to enact, such section or sections or parts thereof shall be
deemed to be severable and all other sections or parts of this By-law shall be
deemed to be separate and independent therefrom and shall continue in full
force and effect unless and until similarly found illegal.
6. CITING
6.1 That this by-law be cited as the “Pesticide Control By-law”.
7. ENACTMENT
7.1 That the provisions of this by-law will come into force with respect to all
public
lands within the municipality as of the date this by-law came into force..
7.2 That the provisions of this by-law will come into force with respect to all
private
lands within the municipality as of the date this by-law came into force.
8. That By-Law 99-99 is repealed in its entirety.
Read a first time this 15th day of October 2007.
Read a second time this 5th day of November 2007.
Read a third time and passed this 19th day of November 2007.