Report to:
General Committee Report
Date:
SUBJECT: Regulations Respecting
the Use and
PREPARED BY: Mavis Urquhart, Manager, Environmental Leadership
RECOMMENDATION:
THAT Markham Staff
Report on Regulations Respecting the Use and Sale of Cosmetic Pesticides dated,
THAT this report
containing recommendations be submitted as the Town of
AND THAT the province be advised that Markham Council supports the new
legislation, in principle and urges the provincial government to ensure rigourous
restrictions on pesticides, a comprehensive education and enforcement program be
undertaken;
THAT Staff monitor the progress of these regulations
and provide comments and updates to Council;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
1. Purpose 2. Background 3.
Discussion 4. Financial
5.
Others (Environmental, Accessibility, Engage 21st, Affected Units) 6.
Attachment(s)
PURPOSE:
To provide comments to the Ministry of the Environment on proposed
Regulations for the use of cosmetic pesticides by
BACKGROUND:
In June 2008, the Cosmetic Pesticides Ban Act – Bill 64, to amend the Pesticides Act, received Royal Assent, but it has not yet been proclaimed in force. It amends the Act in the following key ways:
- Bans cosmetic sale and use of identified pesticides (herbicides, fungicides and insecticides)
- Makes exceptions to the ban for agriculture, forestry, health or safety and golf courses, with conditions
- Supercedes existing municipal cosmetic pesticide by-laws
OPTIONS/ DISCUSSION:
This report provides the following analysis:
Ø a high level overview of the new legislation and its impact;
Ø key features of the regulations;
Ø a general comparison with the
Ø education and enforcement;
Ø recommended comments on the proposed legislation to be submitted to the Environmental Registry
Overview of Regulations
This legislation applies to all of
This legislation is very complicated and the Manager Environmental Leadership, Manager, By-laws and Licensing, Parks and Legal Staff has endeavored to provide as accurate a description as possible of the overall impact and issues of this legislation within the specified timeframe. However, while the general intent of the regulations can be provided, detailed analysis and health implications of the ingredient/product list is beyond the expertise of municipal staff. The Regional Health department staff advise that they anticipate they will commenting on the regulations for the EBR.
Key Features of the
Regulations
Ø Revises pesticide classification system to create 11 new classes of pesticides (i.e. Class 1 is manufacturing concentrates, Classes 2, 3 and 4 are for agriculture and commercial products, Class 7 are for restricted sale to the public, Class 9 are pesticides banned for cosmetic use, Class 11 are biopesticides and naturally occurring pesticides, etc.);
Ø Identifies banned cosmetic pesticides; as well as products that may be used for both cosmetic and non-cosmetic use that are subject to restricted sale. The restricted products would only be accessible to the public if the retailer provides information identifying what these products can be used for (i.e. non-cosmetic uses, such as application for poison ivy). This approach relies upon the retailer to provide the required information and for the public not to use the restricted products for cosmetic purposes;
Ø Allows exceptions for the following:
v Agriculture - this is defined in the legislation and applies to a broad range of agricultural operations but excludes backyard gardens
v Forestry – applies to harvesting, protection, establishment and accessing of forests
v Public Health and Safety – applies to control pests that pose a health risk including:
· Animals and insects that bite, sting, are venomous, carry disease (such as wasps, bees, mosquitoes and ticks)
· Plants that are poisonous to touch or ingest (such as poison ivy, poison sumac, and giant hogsweed)
· Plants, fungi or animals that may affect buildings or structures (such as carpenter ants and termites)
· “public works” which includes a broad list of applications such as railways, canals, highways, bridges, all property used for providing electrical power; all public utilities of the Government of Ontario, municipalities, public utility commission, or private enterprise and any municipal or provincial public building
v Golf Courses – applies to playing surfaces including tees, fairways, greens and the rough and requires that the golf course:
· be fully accredited in Integrated Pest Management;
· prepare annual reports on pesticide use
· explain how pesticides will be minimized the following year
· present reports annually at a public meeting
v Trees – applies to tree
injections. Also permits pesticide use to maintain tree health if:
· a written opinion of certified arborist, or professional forester is obtained
· pesticide is used in accordance with Integrated Pest Management best practices
· notification of abutting property owners is provided in advance of use
v Ministry of Natural Resources – may use pesticides to protect or manage resources, including to control invasive species if used by MNR or MNR has identified the use as appropriate to protect or manage natural resources
v Sports fields – to maintain sports fields for
national or international event and requires Ministry of the Environment approval and an agreement
with MOE
v Structural Extermination –
for protection and treatment of structures
v Specialty turf – to maintain turf for lawn
bowling, cricket, lawn tennis and croquet, providing it is the same specialty
turf used for golf greens; applied by licensed IPM accredited exterminator and an annual report
on pesticide use is produced
v Other legislative requirements – allows for the use of pesticides for the purpose of complying with a federal or provincial act including the Weed Control Act and Plant Diseases Act
Ø Regulates pesticide
storage and fire department notification requirements – proposes to extend storage and fire department notification
requirements for pesticide manufacturers to harmonize with those that exist for
operators and vendors. This is to ensure that fire departments know where
pesticides are stored and that they are stored in a way that protects public
health and the environment.
Ø Provides new enhanced
notice signs – posting of green-coloured notice signs providing public notice when low
risk alternatives to conventional pesticides are used by licensed exterminators.
For example, use of corn gluten meal. The existing red-coloured warning signs
would continue to be used for other pesticides applied under excepted uses.
On
Staff has reviewed the legislation and identified key differences
with
Ø Allow use of more products
by the public -
Ø Permits a somewhat wider
range of exceptions that allow pesticides– this
includes:
v Forestry management applications (
v Public Works definition is much broader (
v Spraying of trees (not permitted in
v Applications by MNR (not included in
v Sport fields for national and international events (not contemplated
in
v Specialty Turf, such as cricket, lawn bowling, lawn tennis or
croquet (
Education and Enforcement
Provincial staff advises that funding has been allocated for education, outreach and compliance. A “risk-based” approach is going to be taken to compliance and enforcement. It is unclear what that entails and what the educational component will include at this time.
Report Recommendations
Overall, the proposed the new legislation is a step forward to reducing pesticide use across the Province as the sale and use of identified products and ingredients will be restricted. Staff does not have the qualifications or knowledge to assess the proposed extensive pesticide product list and categories but can offer the following general recommendations respecting the proposed legislation:
Ø That pesticide products/ingredients proposed to be permitted for
public and commercial landscape applicators use be limited to low impact
products (like pesticides permitted on Town of Markham list); and those
“restricted use” products/ingredients to be used for exceptions (such as health
and safety) be minimized to the greatest extent possible
Ø That the Province provide a comprehensive educational program and rigourous
enforcement program, applied to all sectors that use pesticides, to encourage minimizing use of pesticides (insecticides,
fungicides and herbicides) in the
Ø That the Province encourage development of new alternative low
impact products/ingredients and that the Ministry Director and Committee
administering the permitted products list strive to continually remove, or
replace remaining higher impact products/ingredients over time
FINANCIAL TEMPLATE:
Not applicable
CONCLUSION
The regulations
define a program to ban the sale and use of cosmetic pesticides across
ALIGNMENT WITH STRATEGIC PRIORITIES:
Aligns with Environmental Strategic Focus.
DEPARTMENTS CONSULTED AND AFFECTED:
Legal Department
By-law Enforcement and Licensing
Parks Department
Communications and Community Outreach
RECOMMENDED BY: _______________________
Peter Loukes,
Director, Operations
______________________
Brenda
Librecz
Commissioner,
Community and Fire
Services
ATTACHMENTS:
Appendix 1 - Staff Report on Bill 64
APPENDIX 1
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.