C-302
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-302
An Act to amend the Pest Control Products Act (prohibition of use of chemical pesticides for non-essential purposes)
first reading, May 17, 2006
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Ms. Savoie
391312
SUMMARY
The purpose of this enactment is to place a moratorium on the cosmetic use of chemical pesticides in the home and garden, on recreational facilities such as parks and golf courses, and near water, until scientific evidence showing that such use is safe has been presented to Parliament and concurred in by a parliamentary committee.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-302
An Act to amend the Pest Control Products Act (prohibition of use of chemical pesticides for non-essential purposes)
WHEREAS many chemical pesticides have been shown to be harmful to humans and domestic animals and some are carcinogenic;
WHEREAS the use of chemical pesticides on home lawns and gardens and on recreational facilities such as parks and golf courses is particularly hazardous because of the likelihood of immediate and continuing use of the land by, and thus exposure of the chemical pesticide to, the residents of the home and users of the recreational facilities, who may include children, pregnant women and others who may be particularly sensitive, and domestic animals;
WHEREAS such home and recreational use of pesticides tends to utilize heavier application rates than agricultural use;
WHEREAS chemical pesticides have only been used for home and recreational facilities for a relatively short period of time and other non-toxic methods of pest and weed control have been used in the past and are still available;
WHEREAS chemical 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;
WHEREAS any advantage of such use of chemical pesticides is outweighed by the health and environmental risks;
AND WHEREAS more research is needed to determine which chemical pesticides are safe for home and recreational use;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. P-9
PEST CONTROL PRODUCTS ACT
1. The Pest Control Products Act is amended by adding the following after section 6:
Moratorium 
on home and recreational 
use
6.01 (1) Beginning on the 22nd day of April (“Earth Day”) next following the coming into force of this section, no regulation made pursuant to this Act shall apply to the use of a control product
(a) within a dwelling-house; 
(b) on any parcel of land on which a dwelling-house is situated;
(c) on any place that is within 100 metres of a parcel of land described in paragraph (b);
(d) in any school, hospital, office or similar building in which members of the public customarily stay for more than a day or work;
(e) on any place that is within 100 metres of a watercourse or body of water; or
(f) on any private or public land that is customarily used by members of the public as visitors, licensees or in any other authorized capacity for recreation or entertainment, including but not limited to parks and sports grounds.
Exception for agricultural buildings
(2) Paragraph (1)(c) does not apply to a building used for the husbandry of animals, the cultivation of plants or the storage, processing, packaging or distribution of plants or animals or products made primarily from plants or animals, or in the immediate vicinity of such a building.
Exception for scientifically approved products
(3) Subsection (1) does not apply to a regulation made on or after the 22nd day of April next following the coming into force of this section that approves the use of a control product in a place mentioned in subsection (1) if, before the regulation comes into effect,
(a) the Minister of Health has laid before each House of Parliament a draft of the proposed regulation and the scientific and medical evidence on the basis of which the use of the control product in such a place has been determined to be safe for the health of humans and domestic animals that customarily reside in dwelling-houses; and
(b) the proposed regulation and the scientific and medical evidence have been referred to a standing committee of the House of Commons, and the standing committee has reported to the House its opinion that the proposed use of the control product in question is justified by the scientific and medical evidence.
2002, c. 28
PEST CONTROL PRODUCTS ACT
2. The Pest Control Products Act, chapter 28 of the Statutes of Canada, 2002, is amended by adding the following after section 67:
Moratorium 
on home and recreational 
use
67.1 (1) Beginning on the 22nd day of April (“Earth Day”) next following the coming into force of this section, no regulation made pursuant to this Act shall apply to the use of a pest control product
(a) within a dwelling-house;
(b) on any parcel of land on which a dwelling-house is situated;
(c) on any place that is within 100 metres of a parcel of land described in paragraph (b);
(d) in any school, hospital, office or similar building in which members of the public customarily stay for more than a day or work;
(e) on any place that is within 100 metres of a watercourse or body of water; or
(f) on any private or public land that is customarily used by members of the public as visitors, licensees or in any other authorized capacity for recreation or entertainment, including but not limited to parks and sports grounds.
Exception for agricultural buildings
(2) Paragraph (1)(c) does not apply to a building used for the husbandry of animals, the cultivation of plants or the storage, processing, packaging or distribution of plants or animals or products made primarily from plants or animals, or in the immediate vicinity of such a building.
Exception for scientifically approved products
(3) Subsection (1) does not apply to a regulation made on or after the 22nd day of April next following the coming into force of this section that approves the use of a pest control product in a place mentioned in subsection (1) if, before the regulation comes into effect,
(a) the Minister of Health has laid before each House of Parliament a draft of the proposed regulation and the scientific and medical evidence on the basis of which the use of the pest control product in such a place has been determined to be safe for the health of humans and domestic animals that customarily reside in dwelling-houses; and
(b) the proposed regulation and the scientific and medical evidence have been referred to a standing committee of the House of Commons, and the standing committee has reported to the House its opinion that the proposed use of the pest control product in question is justified by the scientific and medical evidence.
COMING INTO FORCE
Coming into force
3. Section 2 of this Act comes into force on the day on which section 67 of the Pest Control Products Act, chapter 28 of the Statutes of Canada, 2002, comes into force.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada