Report to: General Committee Date: June 18, 2007
SUBJECT: Report on Pesticide
By-law Regulating the Non-Essential Use of Pesticides
PREPARED BY: Mavis Urquhart, Manager,
Environmental Leadership
RECOMMENDATION:
THAT the report entitled “Report on Pesticide By-law Regulating the
Non-Essential Use of Pesticides” be received;
THAT Council enact the by-law attached as Appendix 1 to this report
to regulate the non-essential use of pesticide on public and private property;
THAT funding from the Pesticide Free Education account # 730 998
4238 (approximately $30,000) and any remaining funds from the account for a
moderator # 77 5399 6808 005 (approximately $3,000) to be used for an education
program on the by-law and alternative lawn care practices in 2007;
THAT a Staff Committee be formed with representatives from
Operations, Strategic Services and
Communications departments to direct an education and communications program;
THAT funding in the amount of $100,000 be pre-approved for the 2008 capital
budget for a comprehensive education/communications program;
AND THAT Staff be directed to do all things necessary to give effect
to this resolution.
EXECUTIVE SUMMARY:
Since 2005, Council has been considering the implementation of a
by-law to regulate the use of pesticides in the Town of Markham. In October 2006, a public meeting
was held to debate the pros and cons of regulation. On May 23rd 2007, a second public
meeting was held to consider a draft by-law regulating the use of non-essential
pesticides. As directed, the draft by-law has been modeled based upon the City
of Toronto
by-law. If adopted, the effect of the draft by-law, attached as Appendix 1, would
permit:
- use of low impact pest control products as
identified on Schedule “A” to the By-law;
- use of pesticides for
essential uses as defined in Section 2(b) of the by-law, including
application of insecticide for infestations of cinch bugs and grubs in
specified numbers as identified on Schedule “B” to the by-law. (This means that no insecticide,
herbicide, or fungicide can be used for lawn, garden or tree care except as
identified in Section 2(b) of the By-law);
- practice of
integrated pest management by golf courses, lawn bowling greens and Hydro
One stations and rights of way, under the supervision of an accredited Integrated Pest Management
Agent.
The by-law would come into effect on January 1, 2008.
In response to feedback at the public information meeting held in
May, this report recommends funding for an education program in the amount of
$100,000. The Manager of Enforcement and Licensing will report separately on
the enforcement program.
FINANCIAL CONSIDERATIONS:
Funding will be required for public communications and education on
the pesticide by-law in 2007 and 2008.
This report
recommends using existing funding for an education program in 2007 and new
funding in the amount of $100,000 in 2008.
In October 2006, a public meeting was held to consider whether to
regulate the non-essential use of pesticides. Staff reported back on the
outcome of that public meeting in early April. At that time Council instructed Staff
to prepare a proposed draft by-law for consultation at a public meeting with
the intent of adopting a by-law by the end of June, with the following
resolution:
__________________________________________________________________
* List
of reports
Toronto Staff Report, dated March 25, 2003 to Board of
Health from Dr. Sheela V. Basrur, Medial Officer of Health and Attachments
“Lawn and Garden Pesticides: A Review of Human Exposure & Health
Effects Research” (Toronto
Public Health, 2002)
City of Toronto
Backgrounder: “Pesticides and Health Effects”
“… staff to proceed with a
community consultation meeting
respecting pesticide regulation in the Town of Markham;
And that the community meeting follow Option 2, as outlined
in the staff report titled “Report on Regulating the Non-Essential Use of
Pesticides”, which includes drafting a by-law restricting the non-essential use
of pesticides in Markham being brought
to General Committee, followed by a meeting with the public, and finally a
presentation to Council for a decision before the end of June;
And that
the draft By-law be modeled on Toronto’s pesticide By-law and further that the
best practices from other municipalities be considered, including a phased in
implementation program and subject to any changes that staff may recommend.”
On April 30, 2007,
General Committee considered a staff report with the draft by-law and directed
that:
·
a Public Information
Meeting to obtain public input on the proposed by-law be held;
·
an enhanced and comprehensive education program be
established;
·
the By-law take effect January 1, 2008;
·
staff prepare a report on a by-law enforcement plan; and
·
staff arrange a meeting with representatives of Town of Markham golf courses and
lawn bowling green operators to discuss the feasibility of those properties
being subject to the by-law.
On May 17, 2007,
the Manager, Environmental Leadership and two Councillors met with golf course
and lawn bowling representatives to consider how the proposed by-law might
apply to them.
On May 23rd a public information meeting was held. Minutes from the meeting and the comments
received from the public since the public information meeting are appended to
this staff report in Appendices 2, 3 and 4.
Public Information
Meeting
Minutes of the Public
Meeting are attached as Appendix 4. Twenty-eight people addressed Council. Many
were in favour of a by-law regulating the non-essential use of pesticides.
Issues raised around the adoption of the draft by-law included:
·
Infestation
Clause:
Concern has been raised over the infestation clause
contained in the by-law as it may be open to interpretation. The draft by-law presented
at the May 23rd public meeting defined “infestation” as “the
presence of Pests in numbers or under conditions which involve an immediate or
potential risk of substantial loss or damage”. There are three options
available to Council to deal with the definition of “infestation”:
o
Leave the infestation clause as defined above so that it is
open to be determined what kinds of pests and in what kinds of numbers
constitute an “infestation” on a case by case basis;
o
Leave the infestation clause open but provide a policy
guideline for what the municipality considers to be an “infestation” by
identifying common pests at threshold levels that constitute an infestation
(City of Toronto guideline considers only cinch bugs and grubs in specified
numbers on residential, commercial and institutional turf to be an infestation.
They also permit use of IPM on golf courses, lawn bowling greens and
transportation and utility rights of way under this clause);
o
Define infestation more clearly in the by-law by setting a
specific standard in the by-law for the types of pests and threshold levels of
the pests which constitute an “infestation”.
While leaving the
definition open, or providing a guideline would provide flexibility,
identifying in the by-law the specific types and threshold levels of pests
which constitute an infestation would provide the public and others with clarity
of Council’s intention. Similar to the
City of Toronto,
an infestation standard could be a specified number of grubs or cinch bugs. The
public would be provided with instructions on how to self-assess whether their
lawn met that standard through the communication program.
Should Council find
Toronto’s approach too restrictive, another standard, such as the City of
Montreal’s could be used whereby “the presence of insects, mildew or other
toxic agents, except noxious weeds, on more than 50% of a lawn area or on more
than 5m2 of a plant bed area” is considered an infestation.
The draft by-law
attached as Appendix 1 has been amended by defining “infestation” more clearly
by setting a specific standard for the types of pests and threshold levels of
pests which constitute an “infestation”.
This new definition of “infestation” is in keeping with the current City
of Toronto
model, as requested, because it adopts Toronto’s
policy which identifies the type of pests (i.e. – grubs and chinch bugs) and
threshold levels which constitute an “infestation”.
·
Golf
Courses/Lawn Bowling Greens:
Representatives
from the Town’s golf courses and lawn bowling greens met with Staff and two
Councillors and generally appear willing to employ Integrated Pest Management
in their operations as defined in the draft by-law. I.P.M. is a decision-making
process that uses all necessary techniques to suppress pests effectively,
economically, in an environmentally sound manner with use of pesticides as a
last resort. Appendix 5 provides more detailed information on this program.
·
Transportation
Utilities:
The question of whether this by-law would apply to lands owned by Federal
and Provincial agencies was raised. Legal staff advises it would apply to all
lands within the Town, regardless of ownership, unless there is a
jurisdictional conflict on constitutional grounds with a higher level of
government. Legal staff advises that a
strong argument can be made that our by-law would apply to both CN railway
lands and the 404 lands located in the Town unless it can be shown that the
by-law either conflicts with federal or provincial legislation governing these
lands or the activities of the Provincial or Federal governments taking place
on these lands. The onus will be on the government agency to demonstrate that
the by-law does not apply to their property and each land use will need to be
assessed on a case by case basis. Staff
provided notice of the public information meeting to CN Railways properties,
Canadian Pacific Railway Company, Ministry of Transportation, 407 ETR,
Powerstream, York Region District School Board and York Region Catholic
District School Board. No comments or input has been received to date from
those agencies. If Council chooses to provide an exemption in the by-law for
any of these agencies, Staff recommends that they be required to meet the same
standard applied to golf courses and bowling greens.
·
Cemeteries:
The
Catholic Cemeteries Archdiocese of Toronto submitted a letter on May 29, 2007,
(see Appendix 3) requesting an exemption to the pesticide by-law on the basis
that the successful business operations of these cemeteries requires intensive
care of the lawns, landscape features and gardens. Complaints arise when the
grounds are not maintained and weeds adversely affect sales. They are currently
not exempted from the by-law. If Council chooses to provide an exemption, Staff
recommends that they be required to meet the same standard applied to golf
courses and bowling greens.
·
Inclusion
of Bt or Bacillus thuringiensis on the list of exempted low impact pest control
products:
Town of Markham does not have
Health staff or technical expertise to evaluate this ingredient and would rely
upon the City of Toronto
for identifying and updating of the list of exempted pesticide ingredients as
part of adopting a by-law based upon the City of Toronto model. According to the Toronto Public Health Backgrounder Bt is
exempt under the by-law because it is a biological pesticide made from a
bacterium that occurs naturally in soil and produces a toxin poisonous to
butterfly and moth caterpillars. It is used to control Gypsy moths. Markham staff contacted
Toronto Public Health staff respecting this ingredient and was advised that it
has been included on the by-law’s exempted list of products from the beginning
and that they have no concerns about its use.
·
Communications/education
program
There was
strong support at the public information meeting for a comprehensive and
meaningful education program. Education is a key component to successfully changing
public perception and behaviour. Reduction/elimination of pesticide use depends
largely upon property owners’ co-operation, acceptance of new maintenance
practices and standards of appearance and motivation to “do the right thing”.
A questionnaire was completed by a number of those in
attendance at the public information meeting. Reponses provided included
suggestions that will be considered in developing the education program. These
included items such as information packages, calendars showing steps to
maintaining your lawn through the seasons, phone-in “hot line” and use of the
lawn signs as rewards. Several individuals and community groups volunteered to
participate in an education program.
2007 funds are available for immediate notification of the
public about the by-law. Materials developed by other municipalities (e.g. City
of Toronto) can
be adapted for Markham
use. Staff recommends
initial communication to all residents on adoption and regulations associated
with the new by-law. An on-going community outreach program would then focus on
encouraging/rewarding behaviour change. This approach is similar to that used
for the Safe Streets and Mission Green programs.
Elements of the program
should include:
o
Information materials to all
residences
o
Library/Community Centre & public displays
o
Community/neighbourhood presentation or workshops
o
Participation of community volunteers
o
Partnering with retailers to promote pesticide-free lawn maintenance
o
Working with other partners/agencies, such as the conservation
authority
o
Website links to appropriate resources
o
Information packages for
use at display, workshops, Information
Markham, Welcome Wagon, etc.
o
Working with other Markham
program e.g. tree planting initiatives
o
Appropriate multi-lingual materials
Staff recommends
the existing budget from the Pesticide Free program and remaining funding from
the account for the moderator (approximately $33,000) be used in 2007 for
initial programming and that a budget of $100,000 be dedicated to an education
program in 2008. A staff team including: Manager, Environmental Leadership;
Manager, Waste Management; Manager, Corporate Communications and the Parks Planner
would manage the program.
The Manager of Enforcement and
Licensing will prepare a separate report this fall for approval on enforcement
options for implementation in 2008. The report will include a proposed fine
structure and resource requirements for field enforcement. In preparing the
report, the review of best practices from other municipalities and the review
of court cases from prosecutions of pesticide matters will be considered.
By-law staff will respond to
complaints regarding pesticide use this year and will caution/ educate property
owners on the by-law only. A new AMANDA folder for pesticide matters is being
created to assign complaints to field staff and to record activity.
Comments and Letters
Further emails and
letters received following the public information meeting are attached as
Appendices 2 and 3.
Draft By-law
The draft by-law
attached as Appendix 1 incorporates the following changes:
·
Infestations as defined would
be comprised of grubs and cinch bugs
only and the standard for infestation is specified in Schedule B to the by-law.
·
wording change as requested
by Hydro One in Section 2(b)(xiv) by removing reference to “weed growth” and
replacing it with “vegetation growth”. This would then provide an exemption to
allow Hydro One to control “vegetation growth” rather than “weed growth” within
hydro transmission stations or hydro corridors under the direction of an IPM
Accredited Agent;
·
By-law will come into effect
on January 1, 2008,
as directed by Council;
·
Addition of carpenter ants as
an exception to the provisions of the by-law along with termites in section 2b)
iv;
·
Clarification that for purposes of the by-law the
products/ingredients are not considered to be pesticides although some are
registered under the Pest Control Products Act.