L&L Exclusive: Making Sense of Toronto’s Pesticide Bylaw

The last couple of years have been very difficult for the lawn care industry in Canada. The pesticide issue has been characterized by polarization, conflict, misinformation, extreme activism and sensationalism. The Supreme Court of Canada in 2001 ruled that the Town of Hudson, Quebec, had the ability to make restrictive pesticide bylaws that further protected the community by using the precautionary principle. This basically allowed municipalities the right to further restrict the use of pesticides so long as it did not lessen or conflict with any of the provincial laws.

Therefore, many activist organizations have stepped up their self-serving agendas in convincing local councilors there is a health issue related to pesticide use. In Quebec, many municipalities have since banned or restricted the use of pesticides and have introduced provincial legislation to stop the sale of pesticides at the retail level. Halifax, Nova Scotia, in April started a full ban on pesticide use after a three-year phase in, and LCOs are now forced to apply organic or exempted products only while consumers can still go to the store and buy traditional pesticides off the shelves.

The same thing has now been happening in Ontario with a few municipalities enacting bylaws and most of them being forced to look at the issue. Toronto wanted to pass a bylaw almost two years ago but the industry was successful in getting the debate put to a number of different committees and postponing the decision until this year. Unfortunately, the City of Toronto has become yet another in the growing list of cities in Canada to adopt a bylaw restricting the use of pesticides.

The local lawn care industry that had been lobbying council for two years made an all-out effort to get the public involved through radio and newspaper ads as well as enlisting its customers to call their local elected officials to say, “No,” to the bylaw. Councilors received anywhere from 150 to 500 calls in a two-week period and was described by some at the City of Toronto as the largest phone in campaign ever. Even with this effective campaign, the Toronto City Council on May 23, 2003 decided to vote in a bylaw that is both very confusing and incomplete.

There is a lot of confusion, generalization and misinformation with respect to the bylaw. Even those who have been involved in the situation are confused. However, the bylaw is not a complete ban, as some would believe – since it still allows homeowners to rid their properties of unwanted weeds and insects.

The bylaw encourages homeowners to reduce reliance on pesticides through a focus on Plant Health Care and Integrated Pest Management (IPM) practices. Although the industry believes the bylaw approach is unnecessary, expensive and unenforceable, we are in total agreement with its “responsible use” intent. We are also pleased that the City of Toronto has recognized the professionalism of our industry by giving it an equal say in the final drafting of the bylaw. The bylaw will not come into effect until September 2005.
In 2004, Toronto will be mounting a public education campaign focused on horticultural techniques that lead to pesticide minimization through the promotion of healthy landscapes

The industry was obviously disappointed with a bylaw, knowing it will lead to a patchwork of different, expensive, confusing, ineffectual, unenforceable regulations that will not achieve the intended goals of pesticide reduction. The proposed bylaw is going to cost the city taxpayer hundreds of thousands of dollars that could easily be spent on more pressing issues. Also, Toronto is the largest city in Canada and often what happens here gets copied in other municipalities across Canada. Therefore, the committee that will be in charge of defining infestation thresholds is going to be very important not only for Toronto, but also possibly for other municipalities in Canada that may want to copy this bylaw.

Even though Toronto has a bylaw, in the end I can look back at what a small group of lawn care operators did in Toronto and feel extremely proud – as it could have been much worse if we had not waged such a successful campaign. The day we had 400 people in front of Toronto’s City Hall marching in protest of the Bylaw was one of the most amazing things to see. Many people thought we were the activists and didn’t realize that we were actually the industry.

Unfortunately, that is what we all have to do if we want our side to be listened to. We actually have to become the activists – activists for the truth and for our industry. Don’t sit idly by as people assault our profession and try to make us into the less-than-caring, only-for-profit heathens.

Take the opportunity to let people know that we are the true environmentalists who are out every day caring for green spaces and making our urban environment a better place. When it comes time to give money back to the industry to help ensure that we are seen as professional and the ones who truly care, don’t hesitate. I’m sure if we had had the opportunity 10 years ago to launch such a campaign in Toronto we would not have a bylaw today.

The author is Techical Coordinator, Weed Man USA, Scarborough, Ontario.