9. City of ottawa compliance with ONTARIO'S NEW COSMETIC PESTICIDES BAN

rESPECT PAR LA VILLE D’OTTAWA DU nouveau règlement de l’Ontario concernant l’interdiction des pesticides utilisés à des fins esthétiques

Committee recommendation

That Council approve that the City of Ottawa Pesticide Use Policy 2008, be revoked effective April 22, 2009 when Ontario Provincial Regulation 63/09 comes into effect.

RECOMMANDATION DU COMITÉ

Que le Conseil approuve que la Politique sur l’utilisation des pesticides de 2008 de la Ville d’Ottawa soit abolie dès le 22 avril 2009, date à laquelle le règlement provincial 63/09 entre en vigueur.

Documentation

1. Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 1 April 2009 (ACS2009-ICS-CCS-0022).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

April 1, 2009 / 1 avril 2009

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability

Services d’infrastructure et Viabilité des collectivités

Contact Person/Personne-ressource : Carol Christensen, Manager/Gestionnaire, Environmental Sustainability/Durabilité de l’environnement, Community and Sustainability Services/Services de viabilité et des collectivités

(613) 580-2424 x21610, Carol.Christensen@ottawa.ca

City Wide/à l'échelle de la Ville

Ref N°: ACS2009-ICS-CSS-0022

SUBJECT:	City of ottawa compliance with ONTARIO'S NEW COSMETIC PESTICIDES BAN

OBJET :	rESPECT PAR LA VILLE D’OTTAWA DU nouveau règlement de l’Ontario concernant l’interdiction des pesticides utilisés à des fins esthétiques

REPORT RECOMMENDATION

That the Planning and Environment Committee recommend that Council approve that the City of Ottawa Pesticide Use Policy 2008, be revoked effective April 22, 2009 when Ontario Provincial Regulation 63/09 comes into effect.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver que la Politique sur l’utilisation des pesticides de 2008 de la Ville d’Ottawa soit abolie dès le 22 avril 2009, date à laquelle le règlement provincial 63/09 entre en vigueur.

BACKGROUND

The Province of Ontario’s cosmetic pesticides ban will take effect April 22, 2009. Ontario’s pesticide rules and the requirements of the ban are detailed in Ontario Regulation 63/09[1] as approved by the Ontario Legislative Assembly March 2, 2009, made under the Pesticides Act[2], which was been amended by the Cosmetic Pesticides Ban Act 2008[3] on June 18, 2008.

The provincial ban supersedes local municipal pesticides bylaws to create one clear, transparent and uniform set of rules across the province.

The ban protects Ontario families and children from the unnecessary risks of cosmetic pesticides by only allowing the use of certain lower-risk pesticides for controlling weeds and pests in lawns and gardens.

The ban prohibits the sale and use of pesticides for cosmetic purposes on lawns, gardens, parks and schoolyards, and includes many herbicides, fungicides and insecticides. Over 250 products will be banned for sale and more than 80 pesticide ingredients will be banned for cosmetic uses[4].

There are exceptions for public health or safety reasons such as fighting West Nile Virus, killing stinging insects like wasps, or controlling poison ivy and other plants poisonous to the touch.

DISCUSSION

The Provincial pesticides ban supersedes local municipal pesticides by-laws, and as such staff recommends that the City of Ottawa Pesticide Use Policy 2008, be revoked effective April 22, 2009 when the new Regulation 63/09 comes into effect.

While the revised City of Ottawa’s Pesticide Use Policy 2008 is not a by-law, the new Regulation 63/09 covers its content.

Under Regulation 63/09 pesticides cannot be used for cosmetic purposes on lawns, vegetable and ornamental gardens, patios, driveways, cemeteries, and in parks and school yards. There are no exceptions for pest infestations (insects, fungi or weeds) in these areas, as lower risk pesticides, biopesticides and alternatives to pesticides exist.

The major difference between the City of Ottawa Pesticide Use Policy 2008, and the Province’s new Regulation 63/09 is in the treatment of sportsfields. The City’s policy prohibits the use of pesticides on City-owned property for cosmetic purposes. However, it does permit the application of a pesticide during the construction or rebuilding of sportsfields, should specific infestation criteria be met. The new Provincial Regulation does not permit this. There are no immediate financial implications. However, over the long-term, there may be costs associated with the maintenance/rebuilding of sportsfields, to retain safety standards and usability, should the fields be attacked by an infestation. In addition, should an infestation occur during the construction or renovation of a field, there may be revenue loss associated with the delay in bringing the field(s) back into service, and potential additional costs to bring the field back up to acceptable use standards.

The new Regulation, however, provides for a number of major pesticide use exceptions that will impact both public and private property in the City.

Exceptions

Public health or safety: Pesticides can be used to control plants that are poisonous to the touch, such as poison ivy; insects that bite, sting, are venomous or are disease carrying, like mosquitoes; and animals, insects or plants that may cause damage to a structure or infrastructure, such as termites.
Natural resources: There is an exception, with Ministry of Natural Resources approval, to control invasive species that may be detrimental to health, the environment or the economy, or to protect a native plant, animal or a rare ecosystem.
Golf courses are conditionally excepted from the ban provided they follow the new rules. They must become accredited for Integrated Pest Management (IPM) by an approved accreditation body. IPM uses a variety of tools, including best practices, mechanical and biological methods, along with pesticides when necessary, to manage pest populations. Golf courses must prepare an annual report on how they minimized their pesticide use and make the report accessible to the public. Also, they must hold a public meeting annually to present the report.
Sports fields are allowed a short-term exception from the ban to host national or international level sports competitions. Written approval for the exception must be granted by the Minister of the Environment. Once the event concludes, the use of pesticides must end. Areas such as lawns and gardens around the sports fields are not excepted from the ban.
Specialty turf: Pesticides can be used to maintain specialty turf used for lawn bowling, cricket, lawn tennis and croquet if certain conditions are met. Areas such as lawns and gardens around the specialty turf are not excepted from the ban. IPM and annual reporting conditions, similar to those imposed on golf courses, must be followed.
Trees: Licensed exterminators can use conventional pesticides with the written opinion of a tree care professional that states that the use of the pesticide is necessary to protect the health of the tree. Homeowners and licensed exterminators can also buy and use biopesticides and lower risk pesticides to care for trees without requiring an opinion from a tree care professional.
Agriculture: Ontario farmers already have stringent rules on the use, handling, storage and application of pesticides, and these rules will continue. The exception for agriculture does not apply to a farmer’s household vegetable garden and lawn.
Forestry: The use of pesticides in forestry is essential to protect trees from pests, and to control competing vegetation. Ontario’s forestry workers must follow stringent rules on the use, handling, storage and application of pesticides. The exception applies to a range of forestry activities including harvest and reforestation.
Public works: Under the public health or safety exception, pesticides are allowed to be used to maintain safe conditions, and the security of and emergency access to public works. Public works include highways, railways, power works, gas works, water works and other utilities, transit/transportation corridors and the perimeter of nuclear facilities. The exception does not apply to the use of a pesticide on a portion of a highway to which pedestrians have access on a regular basis or where the public is invited to stop including picnic and rest areas.
Homeowners and residents: Under the ban, residents will still be able to buy certain types of pesticides for use in and around the home to protect the health or safety of their families including:

· Controlling wasps or mosquitoes that can transmit West Nile Virus

· Killing plants that are poisonous to the touch, such as poison ivy and giant hogweed.

There are pesticides with both non-cosmetic uses and cosmetic uses, listed in Class 7[5]. Such pesticides will only be allowed for non-cosmetic purposes. Retailers must notify customers of this. For example, the use of a pesticide to control poison ivy cannot be used on patios or driveways to control weeds.

Other pesticide uses that will not be affected by the ban:

• To protect the health of pets (e.g. to control fleas)

• To control indoor pests or pests that can cause structural damage to the home.

If residents have pesticides stored in their garage or garden shed that are now banned, they can take them to the local municipal hazardous or special waste collection sites for proper disposal. Leftover pesticides should never be disposed of in a manner that would harm public health or the environment (poured down the drain, for example).

· Other Relevant Exceptions: The regulation provides an exception for the use of pesticides in, on or over land in Ontario when the use is required under other pieces of legislation, such as the Weed Control Act, and the Plant Diseases Act.

Notice Signs

Homeowners can apply biopesticides or lower risk pesticides to control weeds and other pests on lawns, gardens, driveways and other areas around the home. However, if licensed exterminators use a lower risk pesticide or biopesticide, the exterminator must post a green notice sign on the lawn. This sign makes it clear that the exterminator is not using an illegal pesticide and satisfies the public’s right to know about the use of a pesticide. For example, if an exterminator treated a lawn with corn gluten meal to suppress weeds, he/she would need to post a green sign.

Pesticide Storage and Fire Department Notification

The Ministry has harmonized storage and fire department notification requirements for manufacturers with existing requirements for operators (including commercial lawn care companies) and vendors. These requirements ensure that local fire departments know where pesticides are stored to protect human health and the environment.

Compliance and Enforcement

The Ministry of the Environment manages its approach to compliance and enforcement through education and outreach, inspections, response to incidents, voluntary abatement, orders, tickets and prosecutions. In the case of the pesticides ban, the Ministry will focus its initial efforts on education when responding to reports of suspected non-compliance. Questions or non-compliance reports should be directed to the Ministry district office during regular business hours 613-521-3450. After business hours call the Ministry’s Pollution Hotline at 1-866-MOE-TIPS (1-866-663-8477).

Pesticide Classification

To support the cosmetic pesticides ban, a pesticide classification system consisting of 11 classes of pesticides has been established. Links to both the pesticide classes and the classification guidelines can be found in the Supporting Documentation Section of this report.

CONSULTATION

This is an information report and public consultation was not required.

Ottawa Public Health, Surface Operations, RPAM, Rural Affairs, Fire Services, and Forestry staff were consulted in the preparation of this report.

LEGAL/RISK MANAGEMENT IMPLICATIONS:

There are no legal/risk management implications associated with this recommendation.

FINANCIAL IMPLICATIONS

There are no immediate financial implications. However, over the long-term, there may be costs associated with the maintenance/rebuilding of sportsfields, to retain safety standards and usability, should the fields be attacked by an infestation. In addition, should an infestation occur during the construction or renovation of a field, there may be revenue loss associated with the delay in bringing the field(s) back into service, and potential additional costs to bring the field back up to acceptable use standards.

SUPPORTING DOCUMENTATION

Below is a listing of helpful links related to this report.

Fact sheets

http://www.ene.gov.on.ca/en/land/pesticides/factsheet-pesticides.php

Pesticide classes 1 - 11

http://www.ene.gov.on.ca/en/land/pesticides/class-pesticides.php

Pesticide classification guidelines

http://www.ene.gov.on.ca/en/land/pesticides/pestcide-classification.pdf

Ontario Regulation 63.09

http://www.e-laws.gov.on.ca/html/source/regs/english/2009/elaws_src_regs_r09063_e.htm

Pesticides Act R.S.O. 1990, Chapter P.11

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p11_e.htm

Pesticide use signs

http://www.ene.gov.on.ca/en/land/pesticides/signs.pdf

DISPOSITION

Operating departments are responsible for adhering to the requirements of the Provincial Regulations 63/09 regarding the ban on cosmetic use of pesticides.

[5] There are eleven classes of pesticides established under this legislation. Please refer to the Supporting Documentation section of this report for the appropriate web link.