Document 5

Outline of Provisions for an Alternative By-law

• The by-law would not ban the use of pesticides but it would focus on regulating the use of pesticides on landscaped areas of lands used for residential, commercial institutional and industrial purposes by establishing a number of conditions for its use.

• The by-law would not apply to the rural area as shown on Schedule “A”, Rural Policy Area” of the City of Ottawa Official Plan

• The by-law would incorporate the following definitions:

“application area” means land or ornamental plantings on land on which a pesticide is discharged or intended to be discharged

“infestation” means the presence of pests in numbers or under conditions which involve an immediate or potential risk of substantial loss or damage

“health hazard” means a pest which has or is likely to have an adverse effect on the health of any person or animal

“horticultural landscape” means maintained turf or ornamental plantings but does not include a golf course

“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” means 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

“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.

• The by-law would contain a provision that no person shall discharge or cause or permit the discharge of a pesticide or any substance or thing containing a pesticide on a horticultural landscape lands uses for residential, institutional, commercial or industrial purposes unless the person complies with the following conditions:

(a) the pesticide is discharged at a time other than during the months of July and August,

(b) the pesticide is not generally discharged over the entire horticultural landscape but is applied to the horticultural landscape on a spot basis covering no more than 20% of the horticultural landscape calculated within a thirty day period,

(c) the wind velocity does not exceed 11 kilometres per hour at the time of the discharge as determined by Environment Canada or the lower velocity set out in the pesticide application instructions or if a horticulturally recognized device is used to curtail the spray drift,

(d) at the time of the discharge the temperature does not exceed 25 degrees Celsius as determined by Environment Canada or a lower maximum temperature if set out in the pesticide application instructions,

(e) the pesticide shall not be applied if the Ontario Ministry of the Environment has declared a smog alert day

(f) no part of the application area is closer than ten (10) metres to a body of water or such greater distance as indicated on the pesticide application instructions,

(g) no part of the application area is closer than five (5) metres to a school yard, licensed day care facility, seniors’ residence, hospital, medical clinic, playground or park or such greater distance as indicated on the pesticide application instructions,

(h) if the person who is discharging the pesticide is a not a licensed applicator, the person shall comply with the signage requirements of the by-law, and

(i) the pesticide shall not be applied during precipitation.

• The signage provisions would contain the following requirements:

(a) the sign would be freestanding and water resistant

(b) the sign would be at least 28 centimetres high by 22 centimetres wide

(c) a sign would be posted at the perimeter of the application area at all ordinary points of access to the application area

(d) the sign would contain the words “WARNING” and “PESTICIDE USE” in letters at least 2.5 centimetres high at the top of the sign

(e) the sign would contain a pictogram showing a black silhouette of an adult person on a white background within a red circle crossed by an oblique red bar

(f) the sign would also provide information on the date the sign was posted, the date of the application, the product name of the pesticide applied and the active ingredient in the product

(g) the sign must be posted at least 24 hours before the intended application of the pesticide and remain at the posted location for at least 48 hours after the application.

· The by-law would contain exemptions for application of pesticides for health hazards and for compliance with the provisions of the Weed Control Act.

· The by-law would exempt golf courses if the pesticide is applied by a licensed applicator and an annual report is submitted on pesticide use for the past and upcoming year and intended plans for pesticide reduction in the coming year to the Director of Planning, Environment and Infrastructure Policy.

· Application of a pesticide to control an infestation on a horticultural landscape would exclude compliance with the prohibition in July and August and the 20% limitation in any 30 day period subject to the provision of notice of an infestation to the Director of the By-law Services Branch at least 48 hours in advance of the application of the pesticide.

· The by-law would contain the general offence and penalty provisions.