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weekly journal
october
2001
Pesticides and the Supreme Court
This past June, the Supreme Court issued a landmark decision clarifying the ability of municipalities to regulate the use of pesticides on private property. The result of the Court's decision in the Hudson case meant that the City of Ottawa would appear to have the necessary jurisdiction to control such substances although the control could not be an absolute prohibition. If the municipality wanted to move to restrict the application of pesticides it would have to do so in a way which was consistent with the principle of advancing the interests of the health of the citizens of Ottawa. A by-law which "permits the use of pesticides in certain situations where the use of pesticides is not purely an aesthetic pursuit" would appear to be legitimate as a result of the Court's decision. The Hudson by-law, for instance, allowed for the use of pesticides (as defined in the by-law) inside of a building, for public or private swimming pools, to control or destroy animals which constitute a danger for human beings, to control or destroy plants which constitute a danger for human beings who are allergic to them, for agricultural or horticultural uses provided that notice of schedule of application of the pesticides is given, or a biological pesticide to control or destroy insects which constitute a danger or inconvenience for human beings.
In order for the City of Ottawa to move forward on this issue Council would need to identify resources as part of the coming budget exercise for an adequate and thorough consultation of the larger community in 2002. Potentially, the issue could be resolved in time for the 2003 growing season.
You can communicate with me at (please include a telephone number):
City of Ottawa
110 Laurier Avenue West
Ottawa ON K1P 1J1
Tel: 580-2483, Fax: 580-2523
e-mail: jacques.legendre@city.ottawa.on.ca
Web Site: www.rideau-rockcliffe.com
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