OTTAWA, Canada – A case that will decide whether Canadian municipalities have the right to ban lawn and garden pesticides is scheduled to be heard by the Supreme Court of Canada, according to a recent article in The Ottawa Citizen. A decision in favor of bans could severely affect the estimated $100 million Canadian lawn and garden pesticide market.
The Supreme Court of Canada has yet to decide how many groups will be allowed to intervene in the case that pits two lawn care companies – Chemlawn and SprayTech – against the town of Hudson, Quebec, west of Montreal. The companies have challenged the legality of a pesticide ban introduced in 1991 by town council.
Quebec Superior Court and the Quebec Court of Appeal have ruled against the companies, saying the town acted legitimately in the interests of its residents. But the Supreme Court recently agreed to hear the case based on the strength of arguments made by the companies.
The central question in the case will be whether a municipality can impose a bylaw on a substance – a pesticide – regulated by both the federal and provincial governments. The federal government approves and registers pesticides for use while the province licenses and regulates companies that spray pesticides on fields and parks.
"Municipalities should have the right to protect their citizens’ health and the environment within their boundaries," said Julia Langer of the World Wildlife Federation, one of a handful of environmental groups seeking intervenor status in the case.
Industry groups like the Urban Pest Management Council and the Crop Protection Institute of Canada have also asked the court for intervenor status. They contend the case threatens to create a new and unfair level of regulation for pesticides.
"We have concerns because, should they get that authority, many municipalities do not have that depth of technical expertise to make a scientifically sound decision," said Wendy Rose, director of the Urban Pest Management Council.
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Courtesy of The Ottawa Citizen; written by Andrew Duffy.