Advisory Committee Report Attachment A

Advisory Committee Report Attachment B

Example by-law, Town of Chelsea, Quebec Report Attachment C

Pesticide by-law Advisory Committee
Report to HRM Council

December 7, 1999

Introduction

The Municipal Government Act recently enacted by the Nova Scotia Legislature (effective April 1, 1999) contains provisions which permit the Council of the Halifax Regional Municipality to adopt a by-law regulating pesticides within the municipality. The Act states that:

533 (1) The council of Halifax Regional Municipality may make by-laws, for municipal purposes, respecting regulation of the application and use of pesticides, herbicides and insecticides for the maintenance of outdoor plants and turf on the part of a property used for residential purposes and on property of the municipality and, without restricting the generality of the foregoing, the by-law may

(a) require the posting of notices when pesticides, herbicides or insecticides are to be so used and regulate the form, manner and time of the notice and the area in which the notice must be posted;

(b) establish a registration scheme, that is open to the public, in which a resident may file with the clerk an objection to pesticides, herbicides and insecticides being so used in the vicinity of the property on which the person resides;

(c) require that notices be served on the residents of properties registered pursuant to the registration scheme within the distance specified in the by-law when pesticides, herbicides or insecticides are to be so used and regulate the form, time and manner of the notice;

(d) provide that pesticides, herbicides and insecticides may not be so used within the distance of a registered property established by the by-law, the requirements respecting notices to residents or owners of properties within the distance of a registered property established by the by-law and the effective date of the prohibition;

(e) specify the circumstances in which posting or serving of notices is not required or the prohibition does not apply;

(f) provide for all other matters necessary or incidental to the establishment of the registration scheme,

but, for great certainty, a by-law made pursuant to this Section does not apply to property used for agricultural or forestry purposes.

At the regular meeting of Council, January 26, 1999, a motion was passed to "appoint a Committee made up of an appropriate cross-section of citizens and stakeholders, supported by HRM staff, to make recommendations to Council with respect to a strategy for the regulation of pesticides including the drafting of a Pesticide By-law." The Committee was subsequently appointed by Council at the regular meeting of March 2, 1999. The Council motion of January 26, 1999 constituted the Terms of Reference for the Committee.

Background

Membership of the Committee was drawn from a wide range of backgrounds and interests, representing stakeholders or those with some expertise on the issues (See Member List). The scope of the Committee's recommendations was necessarily limited to the scope of the authority provided for a by-law under the Municipal Government Act. However, the Committee did have wide-ranging discussions on many aspects of the pesticide issue, and a variety of background material was provided to the Committee by members and by HRM staff. The Committee attempted to arrive at consensus agreement on issues, but for those issues where consensus was not possible, votes were taken. The Committee did not have a formal Chair, but HRM staff facilitated the meetings.

It became evident early in discussions that there were two fundamental views of a by-law held by various members of the Committee. One view was that the by-law should provide for a phased-in ban on pesticides. The other view was that the by-law should provide for an advance notification system. It was suggested by staff and agreed by the Committee that, given there would ultimately be no consensus between these two views, the Committee would reach recommendations on other aspects of the by-law, and then provide written arguments in support of each view as attachments to the Committee Report. The recommendations and arguments for a phased-in ban on pesticides are attached as Attachment "A". The recommendations and arguments for an advance notification system are attached as Attachment "B".

Discussions

The Committee began discussions by reviewing the mandate and Terms of Reference of the Committee, and then considered the range of issues which must be addressed to formulate recommendations on a by-law. The Committee met weekly, and agreed that it preferred to conduct closed meetings without the public present, to allow full discussion of all issues.

Committee recommendations are presented below. Within each section, consensus recommendations have been listed, followed by those for which consensus was not achieved but which were passed by majority vote of the Committee members. Recommendations have been ordered so as to provide a logical flow, and are not necessarily in the chronological or priority order in which the Committee considered the issues.

Note: All references to use of pesticides refer to use as described in Section 533 of the Municipal Government Act.

Recommendations

The Pesticide by-law Advisory Committee recommends to HRM Council the following in regard to a strategy for the regulation of pesticides, and on the drafting of a pesticide by-law:

DEFINITIONS

Consensus Items

1. Pesticide should be as defined by the Nova Scotia Environment Act. It would be any product that has a PCP (pest control product) number in Canada or containing a product with a PCP number, whether active or inactive. Water, which is chlorinated, would be excluded.

(Note that a further exclusion list may have to be developed. The full wording of the definition in the Nova Scotia Environment Act is not reproduced above).

2. Residential should be defined as any property on which a person resides.

3. When referring to organic alternatives, the term "pesticide-free" should be used.

Non-Consensus Items

4. Abutting properties means sharing a common boundary.

REGISTRATION (Registration relates to residential properties)

(The majority of the members of the Committee would only support a registration and notification scheme provided it was part of a phased-in program. See Attachment A).

Consensus Items

5. The by-law should include the concept of a registration scheme.

6. Those sensitive to pesticides should be provided some level of protection under a registration scheme.

7. Registration should be open to all residents.

8. Registration can occur any time, with annual renewal required.

9. There should be two types of registration having different implications - registration with a medical statement would imply certain things under the by-law that differ from registration without a medical statement.

10. A medical statement would consist of a written document, either from one specialist or two general practitioners, stating that "it is inadvisable for this particular individual to be exposed to pesticides for medical reasons".

11. A zone should be created consisting of those properties wholly or partly within 100 meters of the boundaries of the residence of a registrant with a medical statement.

12. A zone should be created consisting of those properties abutting the residence of a registrant without a medical statement.

Non-Consensus Items

13. There should be a registration fee which would apply to all registrants.

14. Pesticide use would be prohibited within the 100 meter zone surrounding the residence of a registrant with a medical statement. (See #11)

NOTIFICATION

Consensus Items

15. All users of pesticides on properties within these zones (See #11, #12) have the responsibility to notify the registered person prior to pesticide application.

16. Five (5) days notice should be given to those registered with a medical statement, and twenty-four (24) hours notice should be given to those registered without a medical statement, prior to proposed pesticide application. These would be minimum times, with application to occur on the indicated day, or if weather does not permit then the next suitable day.

17. Advance notice should consist of two (2) phone call attempts, or failing phone contact, a hand-delivered written notice. Registrants should provide an alternate contact phone number.

18. HRM should undertake to inform all owners of properties falling within the 100M zone (for medical registrations), or abutting (for non-medical registrations), of their obligations under the by-law.

19. HRM should maintain the list of registered residents, and periodically provide this list together with maps of the locations of registered residences, to commercial pesticide applicators within HRM.

SIGNAGE

Consensus Items

20. All pesticide users should be required to post signage.

21. Signs should be rigid, and displayed for 4 days following pesticide application.

22. Signs should include a hazard symbol of 4½ inches diameter, with a contact number (commercial applicator or homeowner as appropriate) and date of pesticide application.

Non-Consensus Items

23. Signs should be 8½x11 inches in size.

24. The graphic symbol on the sign should be a "Don't Walk" symbol.

GENERAL

Consensus Items

25. Any provision of the by-law should apply to both private home owners and commercial applicators.

Non-Consensus Items

26. Any outdoor spraying of pesticides under the by-law should not be permitted when the wind speed (as measured by a generally accepted authority such as Environment Canada for location(s) within HRM) exceeds 10km/hr, unless a documented wind speed reading demonstrating that wind speed at the spraying location was less than 10km/hr at the time of spraying can be provided.

27. Properties with wells can be registered, and a 100M buffer zone should be established around such properties within which use of pesticides is prohibited.

28. The by-law should look at a phase-in of a total ban on pesticides for lawn and turf care within HRM. The phase-in should occur over 4 years.

ADDITIONAL RECOMMENDATIONS

Consensus Items

29. The by-law should apply to federal and provincial lands within HRM to the maximum extent allowable by law.

30. HRM should undertake an education program to include a hands-on program similar to that used for household waste, and alternatives a property owner could use such as changes in plants, turf, soils, etc.

31. Disposal of pesticides should be done in a safe manner.

Non-Consensus Items

32. HRM should observe a strict policy of no pesticide application on municipal properties except under emergency or unusual conditions with Council approval.

Conclusion

The Committee submits the preceding recommendations for consideration by the Council of Halifax Regional Municipality in preparing a by-law on pesticide application.

As previously noted, there were two views on the issue of whether the by-law should incorporate further measures. Attached are two submissions for further consideration by HRM Council. Members supporting each of these attachments are indicated therein.

Pesticide by-law Advisory Committee
Members

Mr. Ray Cote; School of Resource and Environmental Studies, Dalhousie University

Mr. Bill Ernst; Head, Air and Toxics Issues Section, Environment Canada

Dr. Roy Fox; Director, Nova Scotia Environmental Health Centre, Fall River

Dr. Helen Jones; Board Member, Real Alternatives to Toxins in the Environment

Mr. Don McCarthy; President, Atlantic Pest Control Association and President, Canadian Pest Control Association

Mr. Eric O'Brien; Edmonds Environmental Services Division

Ms. Lynda Rankin (replacing Mr. Don Burns); NS Department of Environment

Ms. Maureen Reynolds; Board Member, Allergy and Environmental Health Association of NS

Ms. Dawna Ring; Lawyer, Beaton, Derrick & Ring

Mr. Sandy Roberton; Landscape Nova Scotia, Earthcraft Landscaping

Mr. Tim Tregunno; President, Halifax Seed Company

Mr. Andrew Wheelock; Chair, Landscape Nova Scotia Pesticides Committee; Operations Manager, The Weed Man

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