C-368
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-368
An Act to amend the Pest Control Products Act (prohibition of the use of chemical pesticides for non-essential purposes)
first reading, April 23, 2009
Ms. Savoie
402119
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 and medical evidence showing that such use is safe has been presented to Parliament and confirmed in a report prepared 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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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-368
An Act to amend the Pest Control Products Act (prohibition of the 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 of those pest control products are carcinogenic;
Whereas the use of chemical pesticides on home lawns and gardens and on recreational facilities such as parks and golf courses is made particularly hazardous by the fact that the residents of the home and users of the recreational facilities — who may include children, pregnant women and others who may be particularly sensitive, as well as domestic animals — risk exposure to the chemical pesticide as a result of their immediate and continuing use of the land;
Whereas such home and recreational use of chemical 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 inevitably cannot be confined to a single location, but spread through the environment — in either the air, land or 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;
2002, c. 28
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Pest Control Products Act is amended by adding the following after section 67:
Moratorium 
on home and recreational 
use
67.01 (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 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 m 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 customarily work;
(e) on any place that is within 100 m 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 to 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 custom- arily 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 that scientific and medical evidence.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada