Legislation p.2
* Ontario adopts law to ban sale of lawn and garden pesticides
Leading municipal pesticide bylaws set the standard for new provincial ban (David Suzuki Foundation MR, June 18, 2008)
Bill 64, ON Legislation: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=1967
Bill 64 - Clause by Clause Review (June 16th) (Pesticide-free Ontario pesticidefree.ca)
Subsection 7.1(5) of the Pesticides Act is the one dealing with municipalities not having the right to have stronger legislation than the porvince.
SNAP was surprised that the Supreme Court’s Hudson decision did not apply in Ontario. This is what Ms Lisa Gue ( David Suzuli Foundation) answered: “In Hudson, the Supreme Court ruled on municipal powers under the Municipal Act. As a technicalities, the Municipal Act in Ontario has not been changed, so cities still have the authority to adopt pesticide bylaws. However, this new Act renders them inoperative. We had supported an amendment to strike this provision from the bill, but the government did not accept the amendment.”
Ontario’s Pesticide Law Passes, Weakens Protections in Some Municipalities ( Beyond Pesticides news, June 24, 2008) In effect, Ontario passed a preemption law: see Preemption factsheet (Beyond Pesticides) The seriousness of this point is discussed abundantly in the Clause by Clause Review above.