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Act Proposal Notice:   EBR Registry Number:   010-3348
Title:
Legislative Amendments to the Pesticides Act to ban the use and sale of pesticides for cosmetic purposes.
 
Ministry:
Ministry of the Environment
Date Proposal loaded to the Registry:
April 22, 2008
 
 

The Ministry of the Environment has extended the comment period on this proposal until Monday, May 26, 2008

The Ministry of the Environment has re-posted this notice to include a hyper-link to Bill 64 “An Act to amend the Pesticides Act to prohibit the use and sale of pesticides that may be used for cosmetic purposes” which is now available on the Legislative Assemblies of Ontario’s website. The balance of this notice has not been altered.

 
Keyword(s):   Pesticides Related Act(s):   Pesticides Act, R.S.O. 1990
The comment period for this proposal is now over.
 
Description of Act:

On April 22, 2008, the Cosmetic Pesticides Ban Act ("the Bill") was introduced for first reading. If enacted, the proposed legislation would amend the Pesticides Act to establish:

  1. A prohibition on the use of pesticides which may be used for cosmetic purposes that would be prescribed in regulation (List of active ingredients that may be used for cosmetic purposes and considered to be prohibited for use;)
  2. Exceptions to the prohibition on the use of prescribed pesticides, including uses related to agriculture, forestry, and the promotion of public health or safety;
  3. A conditional exception to the prohibition on the use of prescribed pesticides for uses related to golf courses, with the conditions established in regulation; and
  4. A prohibition on the sale of pesticides which may be used for cosmetic purposes that would be prescribed in regulation (List of products that may be used for cosmetic purposes and considered to be prohibited for sale).

It is proposed that a new definition be added to the Act that "cosmetic" means non-essential.

The proposed amendments would also establish the requirement that any person who uses a pesticide prescribed under the use prohibition, for a use that has an exception from the use prohibition, must do so in compliance with requirements that may be prescribed in regulation.

The proposed amendments would render inoperative a municipal by-law that addresses the use and sale of pesticides that may be used for cosmetic purposes unless the by-law was required to be made under another Act and is exempted by a regulation made under the Bill (if enacted).

The proposed amendments would provide new regulation making authorities for the Lieutenant Governor in Council including the authority to:

  1. Prescribe the pesticides to which the prohibitions apply (i.e. those used for cosmetic purposes);
  2. Define the exceptions to the use prohibition included in the Act;
  3. Prescribe conditions attaching to the exception to the use prohibition for golf courses;
  4. Prescribe additional excepted uses from the use prohibition;
  5. Prescribe requirements related to excepted use that must be complied with;
  6. Establish exemptions from the sale prohibition;
  7. Provide for transitional matters relating to the establishment of the new prohibitions:
  8. Establish exemptions for municipal by-laws respecting cosmetic pesticides from being rendered inoperative by the Act, if such by-laws are required to be made under an Act.

The proposed amendments would limit the existing powers of the Director to exempt an applicant or holder of a vendor's licence from a provision of a regulation such that the Director's authority would not extend to provisions in regulations relating to the proposed use and sale prohibitions.

Additionally, it is proposed that the amendments ensure that the provisions in the Act with respect to searches and seizures by provincial officers would apply to the proposed use and sale prohibitions.

Purpose of Act:

The purpose of the Bill is to amend the Pesticides Act to prohibit the use and sale of certain pesticides that may be used for cosmetic purposes.

Other Information:

A Policy Proposal Notice (EBR Registry Number 010-2248 - Notice of intent to introduce legislation that would ban the cosmetic use of pesticides in Ontario) was posted for a 30 day public review and comment period starting January 18, 2008 and ending February 17, 2008.

As a result of public consultation on the proposal, the Ministry received a total of 6,940 comments. All comments received during the comment period are being considered as part of the decision-making process by the Ministry of the Environment.

Please Note: All comments and submissions received have become part of the public record.
Additionally the Ministry held 26 meetings with a broad range of stakeholders across environment, health, agricultural, golf, turf (including sports & recreation), retail, manufacturing and production, and municipal sectors.

Public Consultation:

This proposal was posted for a 34 day public review and comment period starting April 22, 2008. Comments were to be received by May 26, 2008.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

 
Contact:

Robert Bilyea
Senior Policy Advisor
Ministry of the Environment
Integrated Environmental Policy Division
Strategic Policy Branch
77 Wellesley Street West
Floor 11
Toronto Ontario
M7A 2T5
Phone: (416) 314-5605
Fax: (416) 314-2976

Additional Information:

The documents linked below are provided for the purposes of enhancing public consultation.
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