Report to: Report to: General Committee Date of Meeting: May 13, 2008
Report
Date:
SUBJECT: Bill
64 – An Act to Amend the Pesticides Act to Prohibit Use and
PREPARED BY: Mavis Urquhart, Manager, Environmental Leadership
Bill Wiles, Manager, Enforcement and Licensing
RECOMMENDATION:
THAT Markham Staff Report on Bill 64 – An
Act to amend the Pesticides Act to Prohibit Use and Sale of Cosmetic Pesticides, dated
THAT this report containing recommendations be
submitted as the Town of Markham’s comments to Provincial Environmental
Registry prior to May 22, 2008;
THAT the Town monitor the progress of this legislation and provide comments;
And that Staff be authorized and
directed to do all things necessary to give effect to this resolution.
PURPOSE:
To provide comments to the Ministry of the Environment on proposed legislation regulating the use of cosmetic pesticides by May 22, 2008.
BACKGROUND:
On
- Ban cosmetic sale and use of identified pesticides (herbicides, fungicides and insecticides)
- Make exceptions for agriculture, forestry, health or safety and golf courses, with conditions
- Supercede existing municipal cosmetic pesticide by-laws
There will be consultation with Ontarians about the regulations and the pesticide products/active ingredients that could be subject to sale and use bans. A preliminary list of pesticides has been developed for discussion. Regulations would:
- identify prohibited pesticides
- make exceptions (sale and use)
- prescribe conditions for golf course exception
- provide for transitional matters for phasing out certain prescribed pesticides
If enacted, the amendments would render existing municipal pesticide by-laws inoperative.
OPTIONS/ DISCUSSION:
On
Prohibit use and sale of pesticides for
cosmetic purposes
The Province proposes
to regulate the use and sale of cosmetic pesticides under the Pesticides Act. Removal of pesticide
products from store shelves will significantly curb public purchase and use of
the product.
Recommendation:
That the Province immediately finalize the Act and identify the permitted
pesticides so that “cosmetic” pesticides can be removed from store shelves
Banned products
Recommendation:
That permitted pesticides consist only of permitted products/ingredients
identified by the City of
Make exceptions for agriculture,
forestry, promotion of public health or safety and golf courses
Recommendation:
That minimal use of pesticides be permitted, by exception only, on lawn bowling
greens and golf course greens and at hydro electric substations subject to
continuous reductions in use over time, with a goal to ultimately be pesticide
free.
Supercede municipal pesticide by-laws
A patchwork of by-law
restrictions exist across Ontario as some municipalities have passed pesticide
by-laws, while others have not, resulting in confusion for the public and lawn
care operators. Health and environment impacts are the same across the
Province, so a consistent and rigourous standard of regulation across the
Province makes sense. Enforcement and
training would also be more practical if there is consistent Province-wide
legislation. Municipalities, however, should be given the option of superceding
the Provincial standards, if desired.
Recommendation:
That the Province of Ontario take a leadership role in defining a rigourous
standard of prohibition that will apply to all municipalities, but that
municipalities also be given the option to enact higher standards on the restricting
use of cosmetic pesticides
Signage
Residents are
receiving conflicting messages about pesticide use since pesticide applicators
must post Ministry of the Environment (MOE) warning signs for pesticide use,
including applications that are permitted by local pesticide by-laws.
Supplemental signage has been devised by Markham and other municipalities to
help clarify when a “low impact pesticide” permitted by the by-law is used and
when a permitted pesticide treatment for an infestation is applied. However,
this signage is not environmentally friendly and creates litter. The Province
should redesign consistent pesticide signage to better inform the public about
pesticide applications.
Recommendation:
That the MOE warning signs be redesigned to clearly inform the public about the
nature of pesticide applications as permitted under the new regulations
Enforcement
Enforcement of
regulations is essential and expected by residents. Municipalities are often
well-equipped to ensure proper field enforcement. Lawn and tree care providers
can be effectively regulated through municipal licensing. Banning products from
the store shelves should greatly reduce availability and use of pesticides and
assist in reducing the scope of the enforcement program. Regulations should
include an option to delegate authority to enforce/license pesticide use to the
municipalities, at their request. This should be accompanied by provincial
training, funding and support for enforcement/laboratory testing from the
province and regional public health departments.
Recommendation:
That the Pesticides Act be amended to include municipal law enforcement
officers among the persons with authority, at the municipality’s option, to
conduct investigations and lay charges for offences that relate to cosmetic
pesticides. This should be accompanied by provincial training, funding and
support for enforcement/laboratory testing from the province and regional
public health departments
CONCLUSION
The Act sets up a framework for
detailed regulations that will define a program to ban the sale and use of
cosmetic pesticides.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Not applicable.
HUMAN RESOURCES CONSIDERATIONS
Not applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Aligns with Environmental Strategic Focus.
BUSINESS UNITS CONSULTED AND AFFECTED:
Legal Department
RECOMMENDED
BY: ________________________ ________________________
Allan Seabrooke Sheila Birrell
Acting
Commission Lead Town
Clerk
Community
and Fire Services
ATTACHMENTS:
None.