Canadian Town Restricts Pesticides
September 3, 1993
The town of Hudson in Quebec, Canada, has won the right
to keep a by-law passed in 1991 prohibiting the use of pesticides
within the town. A judge of the Quebec Superior Court ruled that
the by-law is legal and within the powers of the Town of Hudson.
The Town Council first enacted By-law #248 in 1990,
prohibiting application of "toxic substances" subject to certain
specific exemptions. In 1991, a second by-law (#270) was passed
that stated that 'the spreading and use of a pesticide is
prohibited throughout the territory of the town." The term
pesticide is defined in the by-law as "any substance, matter, or
micro-organism intended to control, destroy, reduce, attract or
repel, directly or indirectly, an organism which is noxious,
harmful or annoying for a human being, fauna, vegetation, crops,
or other goods, or intended to regulate the growth of vegetation,
excluding medicine or vaccine."
The Hudson by-law seeks primarily to eliminate the use of
pesticides for cosmetic purposes such as lawn and garden use. It
does allow six exemptions for pesticide use: in swimming pools;
to purify water; inside any buildings; to control or destroy
animals which constitute a danger to humans; to control or
destroy plants which constitute a danger to allergic humans (this
exemption refers to a regional regulation requiring the
elimination of ragweed); and as wood preservatives. Farmers are
also exempt but are required to notify local authorities of all
pesticides used within the town. Golf courses were given a
maximum of five years to phase out pesticide use. The by-law does
permit biological pesticides to control or destroy insects,
although a definition of biological pesticides is not included in
the law.
Chemical lawn care companies were strongly opposed to the
measure and refused to honor the statute. In the summer of 1992,
Hudson successfully prosecuted two companies, ChemLawn and
SprayTech. Both companies appealed, claiming that the by-law
exceeded the powers of the Town Council and that it was "abusive,
discriminatory and unreasonable." In his judgment on August 19,
1993, Judge James T. Kennedy of the Quebec Superior Court stated
that the Council had acted in the public interest by virtue of
inherent powers given them by the Cities and Towns Act.
Citizens for Alternatives to Pesticides (CAP), a
grassroots organization dedicated to the reduction of chemical
pesticides, applauded the ruling. The group is now calling on
Hudson council to amend the by-law to include chemical
fertilizers. The group also calls on all town councils in Canada
to pass similarly restrictive by-laws to protect the public from
unnecessary exposure to pesticide products.
CAP challenges lawn care companies not to resist the
trend and to convert to organic lawn care services. However, the
Federation Interdisciplinaire de l'Horticulture Ornementale du
Quebec (a lobbying group representing lawn care professionals and
gardeners) has stated that it will appeal the decision to the
Quebec Appeal Court.
Source/contact: Merryl Hammond, Citizens for Alternatives to
Pesticides (CAP), 20 Sunny Acres, Baic d'Urfe, Quebec, Canada H9X
3B6; phone (514) 457-4347; fax (514) 457-4840.
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