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Bill C-388

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-388

An Act to prohibit the use of chemical pesticides for non-essential purposes

Preamble

Whereas many chemical pesticides have been shown to be harmful to humans and domestic animals and some are carcinogenic;

Whereas the use of chemical pesticides on home lawns and gardens and on recreational facilities such as parks and golf courses is particularly hazardous because they are not usually applied by professionals, and because of the likelihood of immediate and continuing use of the land by, and thus exposure of the chemical pesticide to, the residents of the home, including children, pregnant women and others who may be particularly sensitive, and to domestic animals;

Whereas such home and recreational use of pesticides tends to utilize heavier application rates than agricultural use;

Whereas chemical pesticides have only been used for home and recreational facilities for a relatively short period of time and other non-toxic methods of pest control have been used in the past and are still available;

Whereas any advantage of such use of chemical pesticides is outweighed by the health and environmental risks;

And Whereas more research is needed to determine which chemical pesticides are safe for home and recreational use;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. P-9; R.S., cc. 27, 31 (1st Supp.); 1993, c. 44; 1994, cc. 38, 47; 1995, c. 40

1. The Pest Control Products Act is amended by adding the following after section 5:

Moratorium on home and recreational use

5.1 (1) With effect from April 22, 2000, which is recognized as Earth Day, no regulation made pursuant to this Act shall apply to the use of a control product:

    (a) within a dwelling-house;

    (b) on any parcel of land on which a dwelling-house is situated;

    (c) on any place that is within one hundred metres of a parcel of land described in paragraph (b);

    (d) in any school, hospital, office or similar building in which members of the public customarily stay for more than a day or work; or

    (e) on any private or public land that is customarily used by members of the public as visitors, licensees or in any other authorized capacity for recreation or entertainment, including but not limited to parks and sports grounds.

Exception for agricultural buildings

(2) Paragraph (1)(c) does not apply to use in a building used for the husbandry of animals, the cultivation of plants or the storage, processing, packaging or distribution of plants or animals or products made primarily from plants or animals, or in the immediate vicinity of such a building.

Exception for scientifically approved products

(3) Subsection (1) does not apply to a regulation made on or after April 22, 2000 that approves the use of a control product in a place mentioned in subsection (1) if, before the regulation comes into effect:

    (a) the Minister of Health has laid before each House of Parliament a draft for the regulation and the scientific evidence on which the use of the control product in such a place has been determined to be safe for the health of humans and domestic animals that customarily reside in dwelling-houses; and

    (b) the draft regulation and the scientific evidence have been referred a standing committee

of the House of Commons, and the standing committee has reported to the House its opinion that the proposed use of the control product in question is justified by the scientific evidence.

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