THE CORPORATION OF THE DISTRICT OF COLDSTREAM ...

THE CORPORATION OF THE DISTRICT OF COLDSTREAM ENVIRONMENTAL ADVISORY COMMITTEE MEETING

TO BE HELD ON MONDAY, DECEMBER 14, 2009 IN THE MUNICIPAL HALL COUNCIL CHAMBERS

9901 KALAMALKA ROAD, COLDSTREAM, BC 7:00 PM

A G E N D A

1. APPROVAL OF AGENDA

2. DELEGATIONS

3. ADOPTION OF MINUTES

a. Adoption of the Minutes of the Environmental Advisory Committee

Meeting held Monday, November 2, 2009

4. ITEMS FOR DISCUSSION

Page 5 a. Agriculture Advisory Committee • Agriculture Advisory Committee Terms of Reference, dated for

reference December 8, 2009 Council recently established a new Agriculture Advisory Committee which will, at the direction of Council, provide recommendations to Council based on strategic actions for implementing the Coldstream Agricultural Plan and regarding any other agricultural matters referred to the Committee.

Recommendation: That the Committee appoint one member to sit on the Agriculture Advisory Committee as a representative of the Environmental Advisory Committee.

Page 7 b. Cosmetic Use of Pesticides • Email from Lee Bliss, dated December 10, 2009 • Report from Jim Roh, dated for reference December 4, 2009

Recommendation: That the Committee conclude its deliberation on the cosmetic use of pesticides and approve and finalize the report from Jim Roh recommending options to be forwarded to Council for their consideration.

5. CORRESPONDENCE

6. . NEW BUSINESS

7. ADJOURNMENT

THE CORPORATION OF THE DISTRICT OF COLDSTREAM

Minutes of the Environmental Advisory Committee Held Monday, November 2, 2009 in the Coldstream Municipal Hall

9901 Kalamalka Road, Coldstream, BC

CALL TO ORDER:

PRESENT:

Chairman Rossi called the meeting to order at 7:02 pm

Councillors Besso, Cochrane and Firman L. Bliss Jr. G. Crockett T. Koch S.Lawrence J.Roh D. Rossi, Chairman P. Sault

ALSO PRESENT: M. Stamhuis, Chief Administrative Officer B. Bibby, Building Official/Bylaw Enforcement Officer I. Breitkreutz, Executive Research Coordinator/Recording Secretary

0 persons in the gallery

APPROVAL OF AGENDA

Moved by Roh, seconded by Besso,

THAT the agenda fotStle meeting of the Environmental Advisory Committee be approved as circulated.

No. ENV2009-049 CARRIED

2. DELEGATION

3. ADOPTION OF MINUTES

a. Adoption of the Minutes of the Environmental Advisory Committee Meeting held Monday, October 5,2009

Moved by Besso, seconded by Bliss,

THAT the minutes of the Environmental Advisory Committee meeting, held Monday, October 5, 2009, be approved as circulated.


Minutes of the Environmental Advisory Committee Meeting November 2, 2009 Page 2

4. ITEMS FOR DISCUSSION

a. Attendance by Committee Members

Moved by Lawrence, seconded by Besso/

THAT pursuant to section 1.8 of the Council Committee Handbook, the Committee approves the absence of Greig Crockett, who shall remain a Committee Member in good standing.


Committee members were requested to advise the Building Official if they were planning to be absent, preferably one week in advance of the meeting.

b. Cosmetic Use of Pesticides • Powerpoint presentation from Jim Roh, dated for reference November 2, 2009 • Powerpoint presentation from Jim Roh, dated for reference October 5, 2009 • Report from Jim Roh, dated for reference September 29, 2009

J. Roh facilitated the following input by Committee members regarding the use of cosmetic pesticides in Coldstream:

(1) In the recommendation to Council, a preamble defining cosmetic pesticides was needed.

(2) A survey of residents was not required. (3) The Committee suggested that the proposed bylaw ban the use of

pesticides. (4) They suggested that the District of Coldstream could lead by example by

banning the use of cosmetic pesticides on municipal property as soon as possible (i.e., January 2010), which could be done by Council resolution rather than by bylaw.

(5) They recommended ongoing public education by the District as being essential, with emphasis on health and safety, and suggested that one of the first initiatives in the education program could be a leaflet mailed with the utility bills (including a comment area on the leaflet, soliciting input from the public).

(6) The Committee encouraged coordination with the City of Vernon's cosmetic pesticide program, thereby increasing public awareness in the Greater Vernon area.

Councillor Besso left the meeting at 8:38 pm.

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Minutes of the Environmental Advisory Committee Meeting November 2, 2009 Page 3

(7) The Committee recommended that the public be provided an opportunity for input to Council before the bylaw was adopted.

(8) They suggested that Council would determine the scope, implementation timing, and education program.

(9) It was suggested that, if a bylaw were adopted by the end of 2010, it could be implemented throughout the community by spring 2011.

J. Roh offered to draft a report and recommendation(s) for the Committee's review, to then be finalized and forwarded for Council's consideration.

5. CORRESPONDENCE

6. NEW BUSINESS

a. December meeting date

All Committee members agreed to reschedule their next meeting to be held Monday, December 14, 2009, at 7:00 pm, rather than on December 8, 2009.

b. SPKL Funding Initiatives - Coldstream Creek Restoration

The Building Official advised that Council had approved funding in the 2010 Budget ($11,624 in cash funding and $4,450 in in-kind contributions) as the District's contribution towards an Eco Action grant application being submitted by the Society for the Protection of Kalamalka Lake for the restoration of Coldstream Creek from Kirkland Drive to McClounie Road.

7. ADJOURNMENT

Moved by Firman, seconded by Sault,

THAT? ifi&meeting of the Environmental Advisory Committee, held Monday, Nqjpnber 2§|QP9, be adjourned.

No. ENV2009%2 CARRIED

The meeting of the Environmental Advisory Committee adjourned at 9:02 pm.

CERTIFIED CORRECT

Recording Secretary Chair

District of Coldstream Agriculture Advisory Committee Terms of Reference

1. COMMITTEE PURPOSE AND TYPE

The Agriculture Advisory Committee is a Select Committee of Council. The purpose of this Committee is to assist Council by:

a. advocating for agriculture;

b. assisting with implementation of the Coldstream Agricultural Plan - Planning Strategy; and

c. providing recommendations to Council on matters affecting agriculture and the agricultural community, and on strategies to enhance agriculture.

2. MEMBERSHIP

The Committee will be comprised as follows:

a. Six (6) members of the community who are actively farming (voting);

b. One (1) representative from the Environmental Advisory Committee (voting);

c. One (1) member of the community who is involved in an agri-tourism business (voting);

d. Two (2) residents at large (voting);

e. One (1) member of Council (voting);

f. The Director of Development Services (advisory, non-voting);

g. One (1) representative from the Ministry of Agricultural and Lands (advisory, non-voting); and

h. One (1) representative from Okanagan College or the University of British Columbia Okanagan (advisory, non-voting).

Vacancies will be filled as outlined in the District of Coldstream Council Committee Handbook. Members will be appointed by Council for a one-year term ending November 30 of each year, with the option of up to two extensions.

H:\Keri-Ann\COMMTTTEES\Agricuture Advisory (Select)\TOR AAC.doc

District of Coldstream Agriculture Advisory Committee Terms of Reference

3. DUTIES OF THE COMMITTEE

At the direction of Council, the Committee will provide recommendations to Council based on strategic actions for implementing the Coldstream Agricultural Plan and regarding any other agricultural matters referred to the Committee.

4. OPERATIONS AND FUNCTIONS OF THE COMMITTEE

a. Agenda Order

The Agenda will be determined by the Committee Chair, in consultation with the Council Representative and Staff, and be produced by the Staff Liaison.

b. Meeting Schedule

The Committee will meet on the first Tuesday of each month at the District of Coldstream Municipal Hall at 7:00 pm.

c. Rules of Procedure

Meetings shall be conducted in accordance with the rules set out in the District of Coldstream Procedure Bylaw and the District of Coldstream Council Committee Handbook.

d. Staff Liaison

The Staff Liaison for the Agriculture Advisory Committee shall be the Director of Development Services.

Staff resources may include the Building Official and the Director of Engineering Services or their designates, as required.

H:\Keri-Ann\COMMITTEES\Agricuture Advisory (Select)YTOR AAC.doc

—Original Message—-From: lee bliss fmailto:aerobliss(5>shaw.ca1 Sent: Thursday, December 10, 2009 9:47 AM To: irma Breitkreutz; Jim Roh Cc: David Rossi; Greig Crockett; Penelope (Penny) Sault; Sharon Lawrence; Trina Koch; Councillor Pat Cochrane; Bob Bibby; Mike Stamhuis Subject: Cosmetic Pesticides

Greetings,

I would like to thank Jim for the time and effort that he has dedicated to developing the Cosmetic Pesticide Report on behalf of the EAC for Coldstream Council. Jim's draft was cleanly laid out and presented in a clear, easy to understand manner.

I realize that I have missed the cut-off, for comments regarding the draft, to have my thoughts included in the Agenda for the 14 December meeting. I would, however, like to ask that the Committee and Council retire the idea of soliciting public comments on the proposed restriction in conjunction with the Education Campaign. I feel that the timeline for implementing the By-law could be jeopardized if we commit resources to facilitating public opinion prior to the reading. We need to initiate the Education Program, provide access to objective information and allow the public time to digest and appreciate the concern revolving around the use of Cosmetic Pesticides before we solicit opinion. The process for passing the By-law will allow anyone in the community opportunity to comment, on the record, if they are opposed to the restriction. People that support the By-law will be heard through their discontinued used of restricted products.

I appreciated the opportunity to compare the By-laws from Kelowna and Invermere. I feel that Invermere's By-law was less ambiguous and is presented in a positive manner listing Permitted Pesticides. I feel that Kelowna's use of the term Excluded makes the By-law sound imposing. People will respond better when they are told what they can do rather than what they can't do. Also I think that Invermere has a simpler approach to enforcement that is more suitable to a community of our size with our budget. Not that Bob needs anymore work.

On Monday my children will be attending the Kidston Christmas concert at the Vernon Performing Arts Centre. It begins at 6:30. I will be there filming the seasonal tradition. So please excuse my tardiness in advance, I will be coming to the meeting after my kids finish their respective performances. I expect to be there by 8:00. If anyone takes exception to my absence for the beginning of the meeting, please contact me in advance and we can discuss the matter. Otherwise I will consider my tardiness the act of a dutiful Father.

Lee Bliss Jr. [email protected] 250-938-1548

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mailto:aerobliss(5%3eshaw.ca1

mailto:[email protected]

Cosmetic Pesticides

DRAFT

: Environmental Advisory Committee report • to District of Coldstream Council:

December XX, 2009

Coldstream Environmentai Advisory Committee 12/7/2009

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Cosmetic Pesticides

Introduction

Coldstream Council

At the June 8, 2009, Regular Meeting of Council, REG2009-310 was carried:

THAT the Environmental Advisory Committee be requested to further investigate and receive public input with regard to the prohibition of all herbicide and pesticide use within the District of Coldstream.

Following council's authorization, the Environmental Advisory Committee (EAC) commenced research and problem analysis.

Purpose of This Report

This report provides an overview of pesticides and their regulation and discusses the EAC's analysis and recommendation regarding the use of pesticides in the municipality of Coldstream

The report also provides a general implementation plan that may be used as a guide for detail planning.

As context for this report, it should be noted that pesticides and their inherent risks are complex issues and the subject of numerous articles and studies reflecting the different views and philosophies associated with pesticides and their use. For example, farmers, gardeners, environmentalists, health activists and other special interest groups all have strong feelings and diverse views around the use of these substances. In addition, information and studies regarding possible adverse health effects of pesticides reflect, what may be considered, a mishmash of information. Consequently, no claim can be made that the EAC's information is complete or that relative points have not been inadvertently omitted.

It is with this knowledge that this report is submitted to the District of Coldstream Council.

Pesticides - Defined

The BC Integrated Pest Management Act (2003) defines pesticide as 'a micro-organism or material that is represented, sold, used or intended to be used to prevent, destroy, repel or mitigate a pest and includes:

1. a plant growth regulator, plant defoliator or plant desiccant; 2. a control product as defined in the Pest Control Products Act (Canada); and 3. a substance that is classified as a pesticide by regulation.

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Pesticides include such products as insecticides, fungicides, rodenticides, and herbicides.

Cosmetic Pesticides

Cosmetic Pesticides are pesticides used for an aesthetic purpose or non-essential use for example, on lawns, gardens, parks and other outdoor areas. These pesticides are used to make land 'look good'.

Pesticides - General Pesticides work by disrupting a vital process in the target organism, For example, photosynthesis in plants. Because pesticides are designed to disrupt a part of the life cycle of a target organism, chemical pesticides are generally very potent and powerful chemicals.

The term 'pesticide' may refer to an active ingredient or to a formulation. An active ingredient is that part of the pesticide that has a toxic or lethal effect on the target organism (the pest that the pesticide is designed to control).

A formulation is a particular pesticide product that may contain both inert ingredients and synergists. Inert ingredients are included in a pesticide to help deliver the active ingredients to the target organisms, for example, solvents and diluents. Sometimes inert ingredients can be the most toxic part of a pesticide.

Synergists are substances that enhance the active ingredient's toxicity by lowering the pest's immune system or natural defenses.

Pesticides - Responsibilities

Under the Constitution, the federal government and the provincial government share responsibility for the environment and regulation of environmental issues such as pesticide use.

Federal Government:

The federal government is responsible for the federal pesticide regulatory system and decides which pesticides should be registered for use in Canada. Federal laws state that only registered pesticides may be used in Canada.

The federal Pest Control Products Act (PCPA), under Health Canada's Pest Management Regulatory Agency (PMRA), regulates pesticides in Canada. The PMRA's main areas of work include:

• Reviewing applications for the registration of new pets control products and conducting assessments of each pesticide (e.g. health, environmental and efficacy);

EAC Report Page 3 11

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• Re-evaluating registered pesticides that have been in use for many years against new standards;

• Approving labels for each pesticide which set out how pesticide is to be used; • Setting maximum limits of pesticide residue that can be present on food; and • Enforcing compliance with the PCPA.

Provincial and ter r i tor ia l Governments

The provincial and territorial governments are responsible for regulating the sale, use, storage, transport and disposal of registered pesticides. That is, they regulate what happens once a pesticide has entered Canadian markets. In BC, this is done through the Integrated Pest Management Act (IPMA). The IPMA administrator is responsible for administering the Act and is an employee of the Ministry of Environment.

Under the IPMA, pesticides are classified in one of five ways based on the federal government's labels:

• Permit restricted - pesticides considered to have a high risk of an adverse effect and have the greatest controls under the IPMA (currently only two are listed)

• Restricted - pesticides requiring an applicator certificate indicating the user has been trained in the proper application of pesticides.

• Commercial - pesticides suitable for industrial, commercial or agricultural uses and which are not on the excluded list (see 'Excluded' below).

• Domestic - pesticides designated for domestic use and are not on the excluded list. s,

• Excluded - pesticides deemed to require the least amount of oversight and are deemed not to increase the risk of unreasonable adverse effects.

Note: The province has prevented local governments from regulating excluded pesticides; however, some critics argue the exclusion list includes pesticides for which there are legitimate health and environment concerns. There are other criticisms of the IPMA; however, a discussion of each is beyond the scope of this report.

Local Government

On January 1, 2004 the 'Community Charter' came into force in BC. The Charter and its regulations make it clear that municipalities have the right to regulate, prohibit and impose requirements in relation to the application of Pesticides. However, these powers are somewhat restricted by further regulation and a Consultation Agreement between the BC Government and the Union of BC Municipalities.

For example, a regulation in the Community Charter states that local governments can "regulate, prohibit and propose requirements in relation to . . . the application of (cosmetic) pesticides, except exempt pesticides . . . on a parcel. . . used for residential purposes, or on land vested in the municipality." It does not allow for the regulation of pesticides on agricultural, industrial or other non-residential lands. The bylaws can only regulate cosmetic pesticide use and cannot restrict the use of pesticides listed as

EAC Report 12

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Cosmetic Pesticides

"excluded" under the IPMA. (From 'A Citizens Guide to Pesticide Use and the Law in BC, West Coast Environmental Law - 2007.)

Research - Delegations and Reports A number of individuals including EAC members presented articles, reports and general information on the issues surrounding pesticides. In addition, the EAC heard < presentations from individuals representing academia and special interest groups.

The EAC than followed a systematic process that included defining the pesticide problem and developing objectives against which alternatives and recommendations were judged.

For a list of the reports and presentations including summary statements, see Attachment One.

Note: Additional information gathered from Kelowna, Invermere, Port Moody and Kamloops is not included in this report, but is available from the EAC. The information includes implementation processes, education programs, budgets and samples of education material.

Problem and Objectives

Based on the EAC's information, the committee determined there is compelling evidence that pesticides can affect the health of human beings. The problem was defined as follows:

Exposure to pesticides can cause acute or chronic effects on health. A chronic effect develops over a long time period and may be related to long-term or repeated exposure to a pesticide at a low dosage, or to exposure to high dosage for a short time. The effects typically include cancer, interference with the development of the fetus and child and disruption of the reproductive, endocrine, immune and/or central nervous systems.

The EAC than adopted the following objectives against which alternative solutions were measured:

1. To make the protection of human health, particularly children and other vulnerable groups and the environment the priority of pesticide management decisions;

2. To ensure a precautionary approach is taken in decision making; 3. To foster public confidence by actively informing and involving the citizens of

Coldstream.

NOTE: A precautionary approach means appropriate preventive measures are to be taken where there is reason to believe that a pesticide is likely to cause

EAC Report Page 5

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Cosmetic Pesticides

harm, even when there is not conclusive evidence to prove a causal relation between the pesticide and the effects.

Alternative Solutions The EAC developed alternative solutions to the problem as follows:

1. That Council not ban cosmetic pesticides since specialists in both the federal and provincial level review pesticides for safety and health concerns.

Implications: The EAC determined this alternative did not fully address the problem and was inconsistent with EAC's objectives.

2. That Council restrict or regulate the use of cosmetic pesticides only.

Implications: The EAC determined this approach implies property owners have a degree of latitude and is also inconsistent with EAC's objectives.

Recommendations Based on information and research, the EAC recommendations are as follows:

1. That the District of Coldstream implements a program to ban cosmetic pesticides,,

The EAC recommends a bylaw banning the use of cosmetic pesticides used on lawns, gardens, parks and other outdoor areas. Further, the EAC recommends a program be developed that would include an educational component and be phased in over one year period - adopting a bylaw by the end of 2010 and implemented by spring of 2011.

Further, it is recommended that the bylaw provide for passive enforcement using a complaint-basis model of compliance..

2. That the District of Coldstream bans the use of cosmetic pesticides on municipal property at the earliest possible date.

The EAC recommends that Council lead-by-example by banning the use of cosmetic pesticides on municipal property effective January, 2010. It is understood that this could be done by Council resolution and does not require a bylaw.

3. That the District of Coldstream develops an education program that provides information of pesticide affects and identifies alternatives to pesticide use.

The EAC considers on-going public education as essential to the program's

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success. The educational component would emphasize the effects of pesticides on health and safety and would be highlighted through various delivery systems. For example, a leaflet mailed with utility bills. The leaflet could also solicit public input by providing a comment area.

The EAC suggests that Council should determine the educational programs scope, content, and implementation timing.

4. That Council provide for public input before adoption of a bylaw.

The EAC recognizes the impact that a cosmetic-pesticide ban could have on the residents, commercial entities and professional landscapers that live and work in Coldstream. Following the use of leaflets outlined above, Council might host an open house to answer questions, address concerns and provide information.

5. That Council coordinates a cosmetic-pesticide program with the City of Vernon's program.

The City of Vernon staff has advised that they are currently developing their program with a goal of banning cosmetic pesticides by 2012. Coordinating programs would help ensure education and messages are consistent throughout the area.

Budget Information from various B.C. Municipalities reveals that bylaw implementation can vary from SO.50 to $1.00 per capita. For example, Kelowna's budget for each of five years is $90,000 or approximately $0.80 per capita. Their budget includes provisions for a salary, advertising, education material and delivery costs.

The District of Invermere has an on-going pesticide education program that includes school programs, fairs with guest speakers, media, brochures, signs and posters. Their budget ( a one-time amount) is $15,000.

Next to salaries, education programs are the largest cost.

Other Jurisdictions As of April, 2009, the aggregate number of municipal bylaws in Canada currently stands at 154. Municipalities of all sizes have passed pesticide by-laws. For example, one of the largest is the City of Toronto (population 2.5 million) and one of the smallest is Sainte-Paule, Quebec (population 229).

Currently, eighteen British Columbia jurisdictions having an aggregate population of approximately 1,349,130 persons have adopted a bylaw banning pesticides. Seven jurisdictions are in the drafting stage.

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Pesticide Bylaws Bylaws banning pesticides appear to vary only in the type of exemptions allowed. For example, Invermere's bylaw exempts only those pesticide types that municipalities cannot legally control. For instance, pesticides used for agriculture, herbicides used for pests that transmit human diseases and pesticides excluded by Integrated Pest Management Regulations (see the report heading 'Local Government' and Attachment Three - Invermere Bylaw - Appendix).

Kelowna's bylaw provides additional exemptions where certain conditions exist, for example, the existence of a pest infestation. In this case, persons may apply for an exemption provided the pesticide applicator is certified.

A copy of Kelowna's bylaw is shown in Attachment Two. A copy of Invermere's bylaw is shown in Attachment Three.;%r

Respectfully submitted, Reviewed for submission to Council

Environmental Advisory Committee

16 EAC Report Page 8

Cosmetic Pesticides ATTACHMENT ONE

Presentations and Reports Received and Researched by EAC

• Canadian Cancer Society (July 2009) - Jenilynn Diely presented information regarding cancer deaths due to environmental carcinogens and called for a ban of cosmetic pesticides.

• Parents for Healthy Play Spaces (July, 2009) - Kerry Bokenfohr spoke on the adverse effects of pesticide use and initiatives taken by other municipalities to ban pesticides. She urged the District to ban the use of cosmetic pesticides.

• Dave Weatherill, President Briteland Holdings (July 2009) - Spoke on Health Canada's capable staff who perform extensive due diligence regarding pesticide safety and effectiveness. He views a ban on cosmetic pesticides as dangerous and expensive.

• Kelowna's Pesticide Bylaw (August, 2009) - Michelle Kam, Kelowna's Environmental Technician spoke on the role of governments with respect to pesticide regulation and Kelowna's pesticide bylaw in general. She also indicated that research shows that without a ban, pesticide reduction to a large extent did not occur.

• Medical Health Officer - North Okanagan (Paper Oct. 2008) - Dr Rob Parker described the long-term adverse effects of pesticides and that dose, exposure, age at exposure and health of the exposed play a significant role in how pesticides affect health.

• Physicians for Global Survival and Canadian Association of Physicians for the Environment (July 2009) - Dr Warren Bell spoke about the fallacies surrounding pesticides and their effect on health and the mounting evidence that pesticides are harmful to human health, particularly in the long term.

• Scientific American News (Article-June 2009) - This article describes a study by France's University of Caen that focused on Roundup's inert ingredients. Researchers found inert ingredients can kill human cells, particularly embryonic, placental and umbilical cord cells, ('inerts' are added to pesticides to increase their effectiveness).

• The Ontario College of Family Physicians (A review of more than 200 studies and papers of the health effects of pesticides - April, 2009) - The review concluded that research on the effects of pesticides on human health indicates consistent links to illnesses such as cancer, reproductive problems and neurological diseases among others.

• House of Commons Committee - (Report of the Standing Committee on Environment and Sustainable Development - May 2000) - The report sets out recommendations for amending the Federal Pest Control Products Act and concludes that the impact of pesticides on wildlife suggest that pesticides affect reproduction, growth, neurological development, and immune and endocrine systems.

• Health Canada Pest Management Regulatory Agency (PMRA) (Oct. 2009) - Yvonne Herbison spoke about PMRA's role and mandate in regulating pesticides. She outlined the many tests performed by the PMRA to ensure pesticides are safe to use and that they pose (with reasonable certainty) no harm to health and environment when used according to label directions. She also discussed the risks associated with homemade pesticides.

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EAC Report - Cosmetic Pesticides

Attachment Two

This Attachment Two provides a copy of Kelowna's Pesticide Bylaw.

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CITY OF KELOWNA

BYLAW NO. 9920 A bylaw to regulate the use of Pesticides

WHEREAS the Municipal Council of the City of Keiowna wishes to regulate the use of pesticides for non-essential purposes within Keiowna;

NOW THEREFORE the Municipal Council of the City of Keiowna, in open meeting assembled, enacts as follows:

PART 1 - GENERAL PROVISIONS

Title

1. This bylaw may be cited for all purposes as "Pesticide Use Regulation Bylaw No. 9920".

Effective Date

2. This bylaw shall be effective as of January 1, 2009.

Severabilitv

3. If any portion of this bylaw is held to be invalid by the decision of a court of competent jurisdiction, the invalid portion shall be severed and the decision shall not affect the validity of the remaining portions of this bylaw.

Definitions

4. In this Bylaw:

"Farm" means land classified as farm land under the Assessment Act;

"Land Used for Agriculture" means land designated as agricultural land under the Agricultural Land Commission Act or any predecessor legislation to that Act;

"Environment Manager" means the person in charge of the City of Keiowna Environment Division, or designate.

"Excluded Pesticide" means a Pesticide listed in Schedule 2 to the Integrated Pest Management Regulation. BC Reg. No. 604/2004.

"Pest" means an injurious, noxious or troublesome living organism, but does not include a virus, bacteria, fungus or internal parasite that exists on or in humans or animals;

"Pesticide" means a micro-organism or material that is represented, sold, used or intended to be used to prevent, destroy, repel or mitigate a Pest, and includes:

NB: Hyperlinks to externalsites or non-City of Keiowna documents are provided for convenience and are NOT to be relied upon. Refer to the source (e.g. Province of British Columbia) for verification.

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(a) a plant growth regulator, plant defoliator or plant desiccant;

(b) a control product as defined in the Pest Control Products Act (Canada); and

(c) a substance that is classified as a pesticide under the Integrated Pest Management Act (British Columbia).

PART 2 - REGULATIONS

Prohibition

5. Except as permitted in this Bylaw, no person may apply or otherwise use a Pesticide on a parcel or part of a parcel used for residential purposes, for the purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants or turf, or for the purpose of controlling unwanted insects or plant growth. In this section "maintaining" includes controlling, suppressing or eradicating a Pest.

6. Section 5 does not apply to the application of a Pesticide that is:

(a) an Excluded Pesticide;

(b) applied for the management of Pests that transmit human diseases or constitute a danger to people or that may impact agricultural or forestry uses by virtue of the location of the Pest in relation to the location of Land Used for Agriculture or land used for forestry uses;

(c) applied to a building, or inside a building or greenhouse, or to the residential area of a Farm;

(d) applied to fruit or vegetable gardens;

(e) applied to a public or private swimming pool;

(f) applied to land owned or held by the City of Kelowna for public purposes;

(g) applied on Land Used for Agriculture or a Farm, or land used for forestry, highway or transit facilities, public utility corridors or pipelines; or

(h) applied to control a noxious weed or noxious insect designated by bylaw of the City of Kelowna.

Application for Exemption

7. A person may apply to the City of Kelowna's Environment Manager for an exemption from section 5, in the form prescribed for that purpose by the Environment Manager, and for that purpose the Environment Manager may prescribe different forms for different classes of applicants.

8. The Environment Manager:

NB: Hyperlinks to external sites or non-City of Kelowna documents are provided for convenience and are NOT to be relied upon. Refer to the source (e.g. Province of British Columbia) for verification.

(a) shall grant an annual exemption under section 8 where the application is made, for the exemption for that calendar year, by a person certified, or by a person on behalf of a licensed company which employs person(s) certified, pursuant to the Integrated Pest Management Act (British Columbia) and the Integrated Pest Management Regulation, BC Reg No. 604/2004, to use the Pesticide, and is for application of a Pesticide as part of the activity of a business which applies Pesticides; and

(b) shall grant an exemption under section 8 where the application is made by a person for the purpose of application of the Pesticide on a property where the following conditions have been met:

1. Existence of a pest infestation has been verified by Environment Manager 2. Confirmation that non-pesticide treatment(s) have been undertaken.

9. When granting an exemption under section 8(b), the Environment Manager may impose one or more conditions relating to:

(a) the species of Pest to which the Pesticide may be applied;

(b) the Pesticide that is allowed to be applied;

(c) the area of land on which the Pesticide may be applied; and

(d) an application prescription that outlines information such as the frequency and the period of time in which the Pesticide may be applied.

10. A person who has obtained an exemption to use a Pesticide pursuant to section 8 must provide notice of the use of the Pesticide in accordance with sections 11 and 12.

11. Written notice must be posted on the land on which the Pesticide will be used and must comply with the following requirements:

(a) the notice must contain:

(i) a description of the treatment area; (ii) the name of the targeted pest; (iii) the registration number under the Pest Control Products Act of the pesticide

to be used and its active ingredient; (iv) the date and start time of the pesticide use; (v) precautions, including a statement that indicates the period of time following

treatment during which people should not enter the treated area and any additional precautions needed to minimize exposure to pesticides or residues;

(vi) the name of licensee and licence number (for Section 8(a)); and (vii) a phone number at which the licensee or an employee can be reached for

more information about the pesticide use (for Section 8(a)).

(b) the notice must have the following characteristics:

(i) be at least 550 cm2 in size;


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(ii) be constructed of water resistant material; (iii) use type or letters that are clearly legible to a person approaching the

treatment area; (iv) contain a cautionary symbol, like a stop sign or a raised hand, that will draw

the attention of a person approaching the treatment area; and (v) display Jn bold, block letters, the words "NOTICE OF PESTICIDE USE" or,

in place of the word "pesticide", the word "insecticide", "heribicide"or another category of pesticide;

(c) if the treatment area is fenced the notices must be posted at each gate or opening that provides access to the area;

(d) if the treatment area is not fenced the notices must be posted at intervals around or along the area as necessary so that a notice is clearly visible and will provide notice of the Pesticide use to any person approaching the area;

(e) the notice must not be removed for at least 48 hours after the Pesticide use; and

(f) where the exemption has been granted pursuant to subsection 8(b) the notice must include the following phrase: "Permission to undertake this activity was obtained from the City of Kelowna. Further details may be viewed at www.kelowna.ca or obtained by calling " with the insertion of the telephone number supplied by the Environment Manager when granting the exemption.

Commercial Pesticide Notification Registry

12. A licenced company must provide verbal notice by telephone or in person:

(a) to persons in occupation of property that is abutting the land where the Pesticide will be used, so long as the residents have provided the City of Kelowna with a contact telephone number for the purpose of receiving such notice as part of the Commercial Pesticide Notification Registry; and

(b) to the application of the Pesticide, either on the same day as the application or the day before the application, depending on the time frame requested by the residents when providing the City with the contact telephone number.

In this section, "property that is abutting" includes property that is separated by a lane or public pathway.

PART 3 - OFFENCE AND PENALTY 13. A person commits an offence who violates a provision of this Bylaw, or who consents, allows

or permits an act or thing to be done in violation of a provision of this Bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this Bylaw.

14. A person is guilty of a separate offence each day that a violation occurs or continues to exist.


http://www.kelowna.ca

15. A person who commits an offence is liable upon summary conviction to a minimum fine of $500.00 and a maximum fine of $10,000.00.

Read a first, second and third time by the Municipal Council this 17th day of March, 2008.

Adopted by the Municipal Council of the City of Kelowna this 31st day of March, 2008.

Mayor

City Clerk


EAC Report - Cosmetic Pesticides

Attachment Three

This Attachment Three provides a copy of Invermere's Pesticide Bylaw.

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DISTRICT OF INVERMERE Bylaw No. 1364, 2008

A BYLAW TO REGULATE THE NON-ESSENTIAL USE OF PESTICIDES WITHIN THE DISTRICT OF INVERMERE

WHEREAS residents of the District of Invermere are concerned about the non-essential use of pesticides and the risks that ttiey may pose to the health and well-being of the environment and residents;

AND WHEREAS the application of pesticides contributes to the cumulative chemical load absorbed by the natural environment;

AND WHEREAS pesticides cannot be necessarily confined to a single location, but move through the environment in the air, land and water and may have an impact on non-target organisms and plants;

AND WHEREAS alternatives to the application of pesticides exist;

AND WHEREAS the Precautionary Principle of international law supports local governments anticipating and preventing threats of harm to the environment, even if some cause-and-effect relationships are not fully established scientifically;

AND WHEREAS, pursuant to the Community Charter and the Spheres of Concurrent Jurisdiction -Environment and Wildlife Regulation, the Council of the District of Invermere may pass bylaws regulating the application of pesticides;

NOW THEREFORE the Council of the District of Invermere, in open meeting assembled, enacts as follows:

1, Title

This bylaw may be cited for all purposes as the "District of Invermere Pesticide Use Bylaw No. 1364,2008".

2. Definitions

(1) In this Bylaw,

(a) "Bylaw Enforcement Officer" means the Building Inspectors for the District of Invermere or any other person designated by Council;

(b) "Council" means the Council of the District of Invermere;

(c) "Permitted Pesticide" means a Pesticide as listed in Schedule 2 of the Integrated Pest Management Regulation (BC Reg. 604/2004);

(d) "Pest" means an injurious, noxious or troublesome living organism, but does not include a virus, bacteria, fungus or internal parasite that exists on or in humans or animals;

(e) "Pesticide" means a micro-organism or material that is represented, sold, used or intended to be used to prevent, destroy, repel or mitigate a Pest, and includes:

(i) a plant growth regulator, plant defoliator or plant desiccant;

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(ii) a control product as defined in the Pest Control Products Act (Canada); and

(iii) a substance that is classified as a Pesticide by the Integrated Pest Management Act (British Columbia),

(f) "Private Land" means a parcel or a part of a parcel if the parcel or part is used for residential purposes in the District but does not include residential areas of farms;

(g) "Public Land" means land vested in the District; and

(h) "District" means the District of Invermere.

Regulation

No person shall use or apply a Pesticide or grant the permission or authority, express or implied, to use or apply a pesticide for the purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants and turf on, in, under or upon any Private Land or Public Land.

Exception

(1) Section 3 does not apply to the use or application of a Pesticide:

(a) that is a Permitted Pesticide,

(b) to manage pests that transmit human diseases,

(c) to manage pests that impact agriculture or forestry,

(d) to buildings or inside buildings, or

(e) on land used for agriculture, forestry, transportation, public utilities or pipelines.

Implementation

(1) This Bylaw shall apply to

(a) Public Lands as at the date of adoption; and

(b) Private Lands as at May 1, 2009.

Offences

(1) Any person who contravenes any provision of this Bylaw shall be guilty of an offence and shall, upon summary conviction thereof, be liable to a minimum penalty of $500.00 and a maximum fine of $10,000.

(2) Each day that an offence continues shall constitute a separate offence against this Bylaw.

7. Enforcement

(1) This Bylaw is designated under the provisions of Section 264 of the Community Charter as a Bylaw that may be enforced by means of a ticket in the form prescribed, and in accordance with this Bylaw.

(2) Bylaw Enforcement Officers are designated to enforce this Bylaw pursuant to Section 264(1 )(b) of the Community Charter.

8. Penalties

(1) Pursuant to Section 264(1 )(c) of the Community Charter, the words or expressions set forth below in Column 1 designate the offence committed under the Bylaw section numbers appearing in Column 2 opposite the respective words or expressions.

(2) Pursuant to Section 265(1 )(a) of the Community Charter, the fine amount set forth below in Column 3 is the fine amount that corresponds to the section number and words or expressions set out in Columns 1 and 2 opposite the fine amount.

Column 1 Column 2 Column 3 Offence Bylaw Section Fine Amount

Use or application of a Pesticide within the District

3 $100.00

9. Severability

The provisions of this Bylaw are severable and the invalidity of any part of this Bylaw shall not affect the validity of the remainder of this bylaw.

Read a First Time this 26th day of February, 2008. Read a Second Time this 8th day of July, 2008. Read a Third Time this 24th day of February. 2009.

ADOPTED 24th day of February, 2009

MAYOR CHIEF ADMINISTRATIVE OFFICER

Certified a true copy of Bylaw No. 1364, 2008 this day of ,20 .

Corporate Officer

SUPPORTING INFORMATION FOR THE REGULATION OF THE USE OF PESTICIDES IN THE DISTRICT OF 1NVERMER

Municipalities have the authority to regulate the use of pesticides that are used to maintain grass, outdoor trees,,shrubs, flowers and other ornamental plants. These guidelines are intended to clarify the requirements of the Invermere Pesticide Use Bylaw, 2008 for homeowners, the garden care industry, local government staff and,other stakeholders.

What is the purpose of the Invermere Pesticide Use Bylaw, 2008?

Pesticides are chemicals that are regulated by both the federal and provincial governments. Their application in yards, on playing fields, and in parks contributes to the cumulative chemical impact on the natural environment. They cannot be confined to a single location but move through the environment in the air, land and water and may have an impact on non-target organisms and plants. The purpose of the Pesticide Use Bylaw is to address these issues by reducing the amount of pesticides used for non-essential purposes on outdoor plants and grass (the cosmetic use of pesticides).

What is a pest?

A pest is a living organism that causes damage to or is troublesome for ornamental garden plants, but does not include a virus, bacteria, fungus or internal parasite that exist on or in humans or animals.

What is a pesticide?

A pesticide is a micro-organism or material that is used to deal with pests, and includes herbicides.

How does the Bylaw limit the use of pesticides?

The Bylaw prohibits the application or use of pesticides on certain land within the District.

To whom does the Bylaw apply?

The Bylaw will apply to anyone who uses pesticides on public or private land, except as outlined in the Provincial Integrated Pest Management Regulation. Public land includes land owned by the District and its agents. Private land means land used for residential purposes. The Municipal Bylaw does not apply to a parcel of land that is used solely for purposes other than residential (i.e., residential or commercial).

Does the Bylaw apply to all uses of pesticides?

No, it does not apply to the pesticides listed in Schedule 2 of the Provincial Integrated Pest Management Regulation (see Appendix to this supporting information). These are substances that the Provincial Government has deemed exempt from regulation as pesticides. They include things like chemicals used in swimming pools and insect bait stations. It also does not Supporting Information for the Regulation of the use of Pesticides in the District of Invermere apply to the use of pesticides to control pests that transmit human diseases or have an impact on agriculture or forestry.

What happens if someone does apply a pesticide?

It is an offence under the Bylaw to use or allow the use of pesticides, except as permitted by the Bylaw. For example, it would be an offence to apply a pesticide to a residential lawn. In addition, each day that a violation occurs or continues to exist would be a separate offence.

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. APPENDIX BC Regulation 804/2004

Integrated Pest Management Regulation (as at February 8, 2005)

Schedule 2 — Excluded Pesticides 1 acetic acid (DOMESTIC) 2 animal repellents (DOMESTIC and COMMERICAL) except thiram 3 anti-foujing paints (DOMESTIC and COMMERCIAL) 4 antisapstain wood preservatives used on private, industrial land owned by the company or person

responsible for the application (COMMERCIAL) 5 asphalt solids (pruning paints) (DOMESTIC and COMMERCIAL) 6 bacillus thuringiensis kurstaki (Btk) (DOMESTIC) 7 bactericides used in petroleum products (DOMESTIC and COMMERCIAL) 8 boron compounds (DOMESTIC) 9 boron compounds with up to 5% copper for insect control and wood preservation (COMMERCIAL) 10 capsaicin (DOMESTIC, COMMERICAL and RESTRICTED) 11 cleansers (DOMESTIC and COMMERCIAL) 12 corn gluten meal (DOMESTIC and COMMERICAL) 13 d-phenothryn (DOMESTIC) 14 d-trans-allethrin, also referred to as d-cis, trans allethrin (DOMESTIC) 15 deodorizers (DOMESTIC and COMMERCIAL) 16 fatty acids (DOMESTIC) 17 ferric phosphate (DOMESTIC and COMMERCIAL) 18 ferrous sulphate (DOMESTIC and COMMERCIAL) 19 hard surface disinfectants (DOMESTIC and COMMERCIAL) 20 Insect bait stations (DOMESTIC) 21 insect pheromones (DOMESTIC and COMMERCIAL) 22 insect repellents (DOMESTIC) BC Integrated Pest Management Regulation Schedule 2 23 laundry additives (DOMESTIC and COMMERCIAL) 24 material preservatives (DOMESTIC and COMMERCIAL) 25 methoprene (DOMESTIC) 26 mineral oils for insect and mite control (DOMESTIC) 27 n-octyl bicycloheptene dicarboximide (DOMESTIC) 28 naphthalene for fabric protection (DOMESTIC) 29 paradichlorobenzene for fabric protection (DOMESTIC) 30 pesticides in aerosol containers (DOMESTIC) 31 pesticides registered under the federal Act for application to pets (DOMESTIC and COMMERICIAL) 32 piperonyl butoxide (DOMESTIC) 33 plant growth regulators (DOMESTIC) 34 polybutene bird repellents (DOMESTIC and COMMERCIAL) 35 pyrethrins (DOMESTIC) 36 resmethrin (DOMESTIC) 37 rotenone (DOMESTIC) 38 silica aerogel, also referred to as silica gel, amorphous silica and amorphous silica gel (DOMESTIC and

COMMERCIAL) 39 silicon dioxide, also referred to as "diatomaceous earth" (DOMESTIC and COMMERCIAL) 40 slimicides (COMMERCIAL) 41 soaps (DOMESTIC and COMMERCIAL) 42 sulphur, including lime sulphur, sulphide sulphur and calcium polysulphide (DOMESTiC) 43 surfactants (DOMESTIC and COMMERCIAL) 44 swimming pool algicides and bactericides (DOMESTIC and COMMERCIAL) 45 tetramethrin (DOMESTIC) 46 wood preservatives (DOMESTIC)

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How the Bylaw be enforced? A person who commits an offence may be issued a ticket in the amount of $100. A bylaw enforcement officer must serve the ticket on the person who is alleged to have committed the offence. The person who is alleged to have committed the offence may pay the fine or may dispute the allegation by giving notice of the dispute.

What can complainants do?

Neighbours and others are encouraged report any applications or suspected applications of pesticides on private or public land. f

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