Document
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BY-LAW NO. 2005-
A by-law of
the City of Ottawa to regulate the non-essential use of pesticides.
The Council
of the City of Ottawa enacts as follows:
DEFINITIONS
1. In this
by-law,
“body of water” includes a lake, pond, river, stream, creek, brook,
drainage ditch, drainage pond, wetland, swamp, marsh, bog and fern;
“enclosed” means closed in by a roof or ceiling and walls with an
appropriate opening or openings for ingress or egress which openings are
equipped with doors which are kept closed except when actually in use for
ingress or egress;
“health hazard” means a pest which has or is likely to have an adverse
effect on the health of any person or animal;
“infestation” means the presence of pests in numbers or under conditions
which involve an immediate or potential risk of substantial loss or damage;
“licensed applicator” means a person who is licensed to apply pesticides
under the Pesticides Act, R.S.O. 1990, c. P11, as amended;
“pest” means an animal, a plant or other organism that is injurious,
noxious or troublesome, whether directly or indirectly, and an injurious,
noxious or troublesome condition or organic function of an animal, a plant or
other organism.
“pesticide” includes:
(a) a product, an organism or a substance
that is registered as a “control product” under the federal Pest Control Products Act, R.S.C.
1985, c.P.9, or any successor legislation thereto; and
(b)
despite, clause (a), a pesticide does not
include:
(i)
a product that uses pheromones to lure pests,
sticky media to trap pests or “quick-kill” traps for vertebrate species
considered pests such as mice and rats;
(ii)
a product that is or contains only the
following active ingredients:
1.
a mineral oil, also called “dormant or
horticultural oil”;
2.
silicon dioxide, also called “diatomaceous
earth”;
3.
biological pesticides, including Bt (bacillus
thuringiensis) and nematodes;
4.
Borax, also called boracic acid or boric acid;
5.
ferric phosphate;
6.
acetic acid also known as horticultural
vinegar;
7.
fatty acids;
8.
sulphur and lime sulphur;
9.
corn gluten meal;
10.
copper sulphate;
11.
herbicidal soaps;
12.
injected tree treatments;
13.
insecticidal soaps; or
14.
animal repellents.
“regulated area” means those lands in the City of Ottawa that are not
included in the Rural Area;
“Rural Area” means those lands in the City of Ottawa included in the
Rural Area Policy Plan as shown on Schedule “A” of the City of Ottawa Official
Plan.
INTERPRETATION
2. (1) This by-law shall not apply to the Rural
Area.
(2) This by-law does not apply
so as to prevent a farm, meeting the definition of agricultural operation under
the Farming and Food Production Protection Act, 1998, S.O. 1998,
c.1, from carrying out a normal farm practice.
(3) It is
declared that if any section, subsection or part or parts thereof be declared
by any Court of Law to be bad, illegal or ultra vires, such section, subsection
or part or parts shall be deemed to be severable and all parts hereof are
declared to be separate and independent and enacted as such.
GENERAL PROHIBITION
3. No person
shall apply or cause or permit the application of pesticides within the
regulated area of the City.
EXEMPTIONS
4. Despite Section 3, a person may apply, cause or permit the application of a pesticide:
(a) on an agricultural operation as defined in the Farming
and Food Production Protection Act, 1998, S.O. 1998, c.1, as
amended;
(b) to comply with the Weed Control Act,
R.S.O. 1990, c. W.5, as amended and the regulations made thereunder;
(c) to purify water for human and animal
consumption;
(d) to disinfect swimming pools, whirlpools,
spas or wading pools;
(e)
within an enclosed building;
(f) to control termites;
(g) to control or destroy a
health hazard;
(h) to control or destroy
pests which have caused an infestation to property;
(i) to exterminate or repel
rodents
(j) as a wood preservative;
(k) as an insecticide bait which is enclosed
by the manufacturer in a plastic or metal container that has been made in a way
that prevents or minimizes access to the bait by humans and pets;
(l) for injection into
trees, stumps or wooden poles;
(m) as an insect repellent
for personal use; or
(n) on a hydro corridor or
railway right of way.
INFESTATIONS
5.
Despite Section 3, a person may apply or cause
or permit the application of a pesticide where the pesticide is necessary to
destroy pests that have created an infestation subject to compliance with
Sections 6, 7 and 8.
6. No person
shall apply or cause or permit the application of a pesticide unless the
pesticide,
(a) is necessary to destroy pests that have
created an infestation,
(b) is not applied on property within ten
(10) metres of a body of water;
(c)
is not applied on property during a smog alert
day as declared by the Ontario Ministry of the Environment,
(d)
is not applied on property when the outdoor
wind velocity exceeds eleven (11) kilometres per hour as determined by
Environment Canada;
(e)
is not applied on property that is within five
(5) metres of a school yard, licensed
day care facility, seniors’ residence, hospital, medical clinic, playground or
park, and
(f)
is not applied on property during
precipitation.
7. No person
shall apply or cause or permit the application of a pesticide to destroy pests
that have created an infestation unless the person notifies the Director of
By-law Services at least 24 hours in advance of the intended application.
8. (1) No person who applies or causes or permits the application of a pesticide to destroy pests that have created an infestation and who is not a licensed applicator
shall fail to ,
(a) post a sign that,
(i) is weather resistant,
(ii) is located at the perimeter of the property,
(iii) is posted in a location that is visible to the public,.
(b) post the sign described in clause (a) at least 24 hours in advance of the intended application of the pesticide, and
(c) ensure that the sign described in clause (a) is posted for at least 48 hours after the application.
(2) No
person who posts a sign pursuant to subsection (1) shall fail to ensure that
the sign:
(a)
contains the words “ WARNING” and “PESTICIDE
USE” at the top of the sign in letters that are at least 2.5 centimetres high;
(b)
is a minimum of twenty-two centimetres (22cm)
wide by twenty-eight centimetres (28cm)
high,
(c) contains a pictogram showing a black
silhouette of an adult person on a white background within a red circle crossed
by an oblique bar
(d) contains the date the sign is posted, the date of the application, the product name and the active ingredient in the product.
GOLF COURSES AND BOWLING GREENS
9 No person shall apply or cause or permit the application of a pesticide on a golf course or bowling green unless the application of the pesticide is done by a licensed applicator.
10. Commencing
January 1, 2006, no owner or operator of a golf course or bowling green shall
fail to provide to the Director of Planning, Environment and Infrastructure
Policy in the Planning and Growth Management Department, on or before January
31st of each year, an annual
report that outlines,
(a)
the pesticides that were applied during the
preceding calendar year and the purpose of the application,
(b)
steps taken to reduce the application of
pesticides during the preceding calendar year, and
(c)
intended steps to reduce the application of
pesticides in the coming year .
OFFENCES AND PENALTIES
11. Every
person who is convicted of an offence under this by-law is liable to a fine as
provided for in the Province Offences Act, R.S.O. 1990, Chap. P.33, as amended.
12. When
a person has been convicted of an offence under this by-law,
(a) the Ontario Court of Justice, or
(b) any court of competent jurisdiction
thereafter,
may, in addition to any other penalty imposed on the
person convicted, make an order prohibiting the continuation or repetition of
the offence by the person convicted.
EFFECTIVE DATE
13. This
by-law shall come into force and effect on January 1, 2006.
ENACTED
AND PASSED this day
of , 2005
CITY
CLERK MAYOR