Bill 208 2002

An Act to amend the
Municipal Act, 2001
to permit municipalities
to prohibit activities or
the use of substances
to protect the health, safety
and well-being of inhabitants
of the municipality

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

1. Section 14 of the Municipal Act, 2001 is amended by adding the following subsection:

Test for conflict

(2) A by-law is in conflict with a law or instrument referred to in subsection (1) only when there is an express contradiction that leads to an actual conflict in the operation of the by-law and the law or instrument such that it is impossible to comply with both the by-law and the law or instrument.

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

Prohibitions on spreading or using pesticides

130.1 (1) In addition to the powers of a municipality set out in section 130, a municipality may prohibit the spreading or use of pesticides in non-essential situations if the prohibition is related to the health, safety and well-being of the inhabitants of the municipality.

Scientific evidence not conclusive

(2) A municipality may prohibit the spreading or use of pesticides on a precautionary basis regardless of whether the scientific evidence is conclusive or not, if the municipality is of the opinion that there is a threat to the health, safety and well-being of the inhabitants of the municipality.

Commencement

3. This Act comes into force on the day it receives Royal Assent.

Short title

4. The short title of this Act is the Municipal Amendment Act (Prohibiting the Use of Pesticides), 2002.

EXPLANATORY NOTE

The Bill amends the Municipal Act, 2001 to permit municipalities to prohibit the spreading or use of pesticides in non-essential situations if the prohibition is related to the health, safety and well-being of the inhabitants of the municipality. Municipalities may exercise this power on a precautionary basis regardless of whether the scientific evidence is conclusive or not. The Act is also amended so that a by-law is in conflict with a provincial or federal Act or regulation only where there is an express contradiction that leads to an actual conflict between the by-law and the Act or regulation such that it is impossible to comply with both.