Canadian Municipalities Allowed To Restrict Use Of Pesticides

The court said the Montreal suburb of Hudson had been within its rights when in 1991 it became the first Canadian municipality to outlaw the use of pesticides on lawns, according to a Reuters news story. The 1991 Hudson bylaw did not apply to farmland and gave golf courses a five-year exemption.

The court also said the Quebec legislation that Hudson used to implement the ban was similar to laws in many other parts of Canada, giving local authorities all over the country the right to follow suit. More than 30 other Quebec towns, as well as the city of Halifax, Nova Scotia, have enacted similar bans since 1991.

Opponents of pesticide use say the chemicals can affect the brain and nerve development of children, can block or mimic natural hormones and can harm household pets.

Landscape contractors disagreed, however, saying a judicious use of pesticides should be allowed. The case was brought to the Supreme Court by two Quebec lawn care companies - Spraytech and Chemlawn (now operating as Greenspace Services) - who said Hudson had been wrong to block the use of chemicals that had been approved by federal and provincial authorities. The companies said the ban was discriminatory because it targets the lawn care industry in Hudson and also argued that the Supreme Court ruling should not apply to other provinces because it was only a local matter.

The court disagreed, saying that "our common future, that of every Canadian community, depends on a healthy environment." Additionally, the court cited a Quebec law empowering local governments to make bylaws designed to protect the health of citizens and stated, "Based on the distinction between essential and nonessential uses of pesticides, it is reasonable to conclude that the town bylaw's purpose is to minimize the use of allegedly harmful pesticides in order to promote the health of its inhabitants."

The court noted the Quebec legislation was very similar to laws in Ontario, Alberta and British Columbia, as well as Nova Scotia, New Brunswick, Manitoba and two of Canada's three Arctic territories.