Canada Corner

Professional Lawn Care and the Supreme Court Decision

Managing a lawn care company took on a new meaning after the June 28th Supreme Court of Canada ruling that banned aesthetic pesticide use in Hudson Quebec. Response and industry activism, in light of the ruling, varied by province, but it is safe to say the ruling has had far reaching effects on an industry already challenged by the politics of pesticides.

British Columbia. The BC Landscape and Nursery Association realized, after the May 2000 federal Standing Committee on the Environment's report that called for a phased-in ban on "cosmetic" pesticide use, that the industry had to find solutions. Together with the Canadian Nursery Landscape Association, other provincial associations, government, manufacturers and public interest groups, they have developed the concept of a politically neutral national organization called My Home - Our Environment. Its goal is to develop an arena of cooperation between all stakeholders to promote IPM education and awareness through the sharing of information and resources.

The Supreme Court ruling only emphasized the need for such an initiative. The national organization proposal was introduced, by way of letter and outline, to municipalities and provincial and federal MP's across Canada. It included a survey to municipalities to get their feedback on this initiative and their evaluation of proposed actions for IPM education and resource development. Jane Stock, executive director of the BC Nursery Landscape Association, reports that the response from BC municipalities has been extremely positive. Their hope is that the surveys will result in the development of an action plan that municipalities can use to implement IPM programs and reduce pesticides.

Alberta. Calgary's development of an IPM program since 1996, and a subsequent reduction in overall pesticide use on municipal parks and property, has likely deflected any serious consequences of the Supreme Court decision, at least for now. This program has been highly successful in Calgary. Homeowner education into IPM includes the distribution of a brochure and the development of a web site. The lawn care industry continues to work closely with City staff to promote their mutual education in IPM and to monitor pesticide use in the City. Calgary City Council voted down a proposal to ban pesticide use in November 2000.

Ontario. Recent media reports state that 22 Ontario municipalities are considering a private-property pesticide by-law in light of the Supreme Court decision. This figure is probably conservative as practically every municipality in Ontario has been lobbied, in some way, by activist groups to develop a pesticide by-law. This has forced lawn care professionals to become just as active locally. They have found municipal Councilors to have a surprising lack of knowledge and information about our industry. Many local Councils are very eager to receive information about what we do and how we use, or don't use, pesticides. An information package and Web site was developed to help disseminate information.

Some municipalities such as Caledon, Toronto and Ottawa are closer to addressing the by-law issue than others. Several hundred turned out in Caledon for a public information meeting, attended by all of its Councilors. Industry was well represented in the audience and by almost three-fourths of the 37 presentations made to Council. These were not just lawn care professionals, but included representatives from golf courses, farmers and the general public all with concerns regarding municipal pesticide by-laws.

In Toronto, local lawn care companies formed a group called the Toronto Environmental Coalition to lobby Councilors and make sure their message, and that of their customers, was heard. Over 5,000 letters from their customers were sent to Toronto Councilors, all opposing the concept of a municipal pesticide by-law. These letters were added to Toronto's share of some 6,000 customer post cards collected from across Ontario by Landscape Ontario. They similarly expressed concern about the prospect of a pesticide by-law. It is hoped that this public feedback along with further industry dialogue will convince Councilors that they have much to consider and the solutions that IPM can provide should not be excluded.

A similar strategy was conducted in Ottawa. In an October 4th municipal meeting, the lawn care industry seemed to get their message across. Again, almost three-fourths of the 44 presentations were from the professional lawn care industry or others concerned with the prospects of a by-law. The committee of Councilors voted 6 to 2 in favor of further public consultations and consideration of IPM before pursuing a pesticide by-law. To facilitate this type of industry activism across Ontario, steps are underway to form a group called the Environmental Coalition of Ontario. The objective is to monitor, identify and respond to municipal issues early and effectively. 

The Professional Lawn Care Association of America (PLCAA) has written to Ontario's Minister of Environment asking for a meeting. PLCAA, representing lawn care companies that service more than 60% of Ontario customers, can provide needed insight into the experiences learned in many U.S. States in developing preemptive legislation. It is hoped that this type of approach can be utilized in Ontario to prevent a patch-work of conflicting regulations across the province.

Quebec. Some may have thought that in a province already experiencing a patch-work of municipal pesticide by-laws, the Supreme Court ruling would have no further implications. Nothing could be further from the truth. The ruling was followed this summer by the Quebec Minister of Environment stating he would consider a province-wide ban on "cosmetic" pesticide use. Several municipalities, currently with by-laws restricting pesticide use, stated their desire to impose complete "cosmetic" bans. Industry efforts intensified in these municipalities, including letters, media and door-to-door campaigns.

The cities and towns in the Montreal area are currently undergoing amalgamation. It will be interesting to see what impact this has on the more than 30 communities in the area with pesticide by-laws. Some of these municipalities continue to pursue by-laws despite the pending amalgamation, not knowing how any new by-law may be effected.

Nova Scotia. The lawn care industry in Halifax, a city with a much publicized pesticide by-law, also bore the brunt of the Supreme Court decision. As complications arose in the early stages of their new by-law, the Supreme Court ruling may have served to silence, at least temporarily, any political opposition to the by-law that was building in Halifax. The by-law's permit system, requiring municipal officer site inspections, and pre-posting requirements is reported as  cumbersome and time consuming. In a summer of drought and heavy chinch bug activity, it is difficult to ensure a customer's lawn will not experience extensive damage by the time a control application can be made. It may be equally difficult to ensure that the amount of such applications could not have been reduced by an earlier, more timely application. However, local lawn care professionals vow to continue to work with Halifax to improve this situation and hopefully result in a more workable environment that moves closer to IPM principles. 

There will be a breakfast roundtable to discuss these and other Canadian issues on Monday, Nov. 12 from 7 to 8:15 a.m at the GIE show in Tampa, Fla.