Document 2

 

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