Bill 64, Cosmetic Pesticides Ban Act, 2008

Gerretsen, Hon John Minister of the Environment

Current Status: Royal Assent received Chapter Number: S.O. 2008 C.11

Viewing: Royal Assent (current version) pdf

Bill 64                                                                                                                                                  2008

An Act to amend the Pesticides Act to prohibit the use and sale of pesticides that may be used for cosmetic purposes

Note: This Act amends the Pesticides Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Subsection 1 (1) of the Pesticides Act is amended by adding the following definition:

“cosmetic” means non-essential; (“esthétique”)

   (2)  Section 1 of the Act is amended by adding the following subsection:

Use of pesticide

   (4)  For the purposes of this Act,

  (a)  the placement or application of a pesticide is a use of the pesticide; and

  (b)  the mixing, dilution or loading of a pesticide for the purpose of placing or applying it is a use of the pesticide.

   2.  The Act is amended by adding the following section:

Prohibitions – pesticides used for cosmetic purposes

   7.1  (1)  No person shall use or cause or permit the use in, on or over land of a pesticide that has been prescribed for the purpose of this subsection.

Excepted uses

   (2)  Subject to the regulations, subsection (1) does not apply to the following uses of a pesticide:

    1.  Uses related to golf courses, if any prescribed conditions have been met.

    2.  Uses related to agriculture.

    3.  Uses related to forestry.

    4.  Uses related to the promotion of public health or safety.

    5.  Other prescribed uses, if any prescribed conditions have been met.

Requirements related to excepted uses

   (3)  A person who, pursuant to subsection (2), uses a pesticide prescribed for the purpose of subsection (1) shall comply with such requirements as may be prescribed.

Prohibition on sale, etc.

   (4)  Despite section 6, no person shall sell, offer to sell or transfer a pesticide that has been prescribed for the purpose of this subsection.

By-laws inoperative

   (5)  A municipal by-law is inoperative if it addresses the use, sale, offer for sale or transfer of a pesticide that may be used for a cosmetic purpose.

   3.  The definition of “offence” in subsection 23 (1) of the Act is amended by striking out “4, 6 or 7” and substituting “4, 6, 7 or 7.1”.

   4.  Section 34 of the Act is amended by adding the following subsection:

Exception

   (2)  Subsection (1) does not authorize the Director to exempt a person from a provision of a regulation made with respect to section 7.1.

   5.  (1)  Section 35 of the Act is amended by adding the following paragraphs:

  38.  prescribing pesticides for the purpose of subsection 7.1 (1) or (4);

  39.  defining golf courses for the purpose of paragraph 1 of subsection 7.1 (2);

  40.  defining agriculture for the purpose of paragraph 2 of subsection 7.1 (2);

  41.  defining forestry for the purpose of paragraph 3 of subsection 7.1 (2);

  42.  defining promotion of public health or safety for the purpose of paragraph 4 of subsection 7.1 (2);

  43.  prescribing uses for the purpose of paragraph 5 of subsection 7.1 (2);

  44.  prescribing conditions that must be met for paragraph 1 or 5 of subsection 7.1 (2) to apply;

  45.  prescribing requirements that must be complied with for the purpose of subsection 7.1 (3);

  46.  prescribing sales, offers to sell or transfers to which subsection 7.1 (4) does not apply;

  47.  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in relation to section 7.1;

  48.  prescribing municipal by-laws to which subsection 7.1 (5) does not apply.

   (2)  Section 35 of the Act is amended by adding the following subsections:

Pesticides prescribed for s. 7.1

   (2)  A regulation made under paragraph 38 of subsection (1) shall not prescribe a pesticide unless the pesticide may be used for a cosmetic purpose.

Municipal by-laws to which s. 7.1 (5) does not apply

   (3)  A regulation made under paragraph 48 of subsection (1) shall not prescribe a municipal by-law unless the passing of the by-law is required under an Act.

Commencement

   6.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   7.  The short title of this Act is the Cosmetic Pesticides Ban Act, 2008.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 64 and does not form part of the law.  Bill 64 has been enacted as Chapter 11 of the Statutes of Ontario, 2008.

The Bill amends the Pesticides Act to prohibit the use and sale of certain pesticides that may be used for cosmetic purposes.

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