What is it?
Q: What is the Pesticide By-Law?
A: The Pesticide By-Law (P-800) is a municipal by-law which regulates the use of pesticides on residential and municipal properties in HRM.
Who is affected by it?
Q: Does the by-law apply to just commercial pesticide applicators, or to anyone?
A: The by-law applies to anyone applying pesticides, both commercial applicators and private residents.
Q: What property types does the by-law apply to?
A: Provisions of the by-law only apply to residential properties and properties owned by the municipality. The by-law does not apply to any other property types (eg. Agricultural, forestry, commercial, institutional).
Q: I am a renter. Does the by-law still apply to me?
A: Yes, all the provisions of the by-law apply to renters as well as homeowners.
Q: What types of pesticide use are regulated by the by-law?
A: Only outdoor applications of pesticide are regulated, and only those applications for maintenance of plants and turf. The by-law does not apply to all other types of pesticide use (eg. Indoor use, control of biting insects).
When does it take effect?
Q: When did the Pesticide By-law come into effect?
A: The Pesticide By-law (P-800) was passed by HRM Council on August 15, 2000 and was phased in until April 1, 2003, when it came into full effect.
Q: What are the rules respecting the application of pesticides?
A: Section 11 (Rules Respecting Pesticide Application) contains these general rules and restrictions:
- Signs must be posted 24 hours prior and for 4 days after pesticide application, placed every 16 meters along roads and within 3 meters of adjoining properties.
- Signs must: be square or rectangular and not less than 25 centimeters by 25 centimeters; bright yellow; made of weather resistant material; bear the words: "Warning - Pesticides In Use" (at least 24 point type) and the symbol of a skull and crossbones (at least 4.5 inches in diameter); indicate the commercial name of the pesticide and that all contact with treated property must be avoided; and the telephone number for the applicator of the pesticide and the date of application of the pesticide.
- No pesticide application within 2 meters of any property line.
- No pesticide application within 5 meters of a bus stop, mailbox or a post office.
- Pesticide application shall be applied in accordance with the written instructions of the manufacturer and the label.
- No pesticide application by means of spraying or fogging on trees or shrubs greater than 2 meters in height when the wind velocity exceeds 8 km/hr.
- No pesticide application by means of spraying or fogging on trees or shrubs less than 2 meters in height when the wind velocity exceeds 18 km/hr.
- No pesticide application when it is raining.
- No pesticide application when the temperature exceeds 27 degrees Celsius unless otherwise indicated on the label.
- No pesticide application on trees during their blooming period.
General Questions
Q: What were the major changes in the Pesticide By-law effective April 1, 2003?
A: Pesticide By-law - Full Ban - April 1, 2003
Most of By-law P-800, Respecting the Regulation of Pesticides, Herbicides and Insecticides has been in place since August 2000, however two major changes coming into effect April 1, 2003, include:
Full Ban (Section 5(1))
"Commencing April 1, 2003, no person shall carry out or permit or suffer to be carried out a pesticide application within the Halifax Regional Municipality."
Property Registry (Section 5(2) and Section 7)
"After April 1, 2003, the Municipality shall cease to maintain the Pesticide Registry pursuant to Section 7 of this By-law and the provisions of Section 7 to 10 inclusive shall no longer apply."
Q: What does this mean?
A: Full Ban (Section 5.(1))
In essence this means a full ban in conjunction with the definition of a "pesticide application" which is defined in the By-law as, "the application and use of pesticides for the maintenance of out door trees, shrubs, flowers, other ornamental plants and turf on the part of a property used for residential purposes or on a property of the municipality".
By-law P-800 has a detailed definition for "pesticide" which includes any pesticide as defined under the provincial and federal environment acts and the federal Pest Control Products Act or is intended for use as a pest control product. It also includes fertilizers, such as "feeding and weeding" type formulations which contain pesticides. The pesticides must be listed on the package. All pesticides used in Canada are required to have a Pest Control Products Act (P.C.P.#) number which must be shown on the pesticide label/ package.
Q: What is a PCP number?
A: Pest control products must be registered in Canada with the federal government under the Pest Control Products (PCP) Act in order to be approved for use. Each registered product is assigned an individual PCP number which identifies the product for regulatory purposes.
Q: So what pesticides are still permitted?
A: In conjunction with article 6(1) of the By-law, the list of products listed in Administrative Order #23 (Permitted Pesticides) are exempt.
The list includes: Insecticidal soaps, Herbicidal soaps, Bt (Bacillus thuringiensis), Nematodes, Other biological control organisms, Animal repellents, Rodenticides, Injected tree treatments, Sticky media, Borax, Dormant oils, Horticultural oils, Bordeaux mixture and other sulphur compounds, Lime sulphur, Ferric phosphate, Pruning paint, Pheromone traps, Pyrethrum (or pyrethrin), Diatomaceous earth, Acetic acid. Corn gluten meal.
Information regarding permitted products can be accessed on-line or by calling the HRM Call Centre at 490-4000.
Q: So what about the Property Registry (Section 7)?
A: As previously indicated, the Property Registry ceased to be maintained after April 1, 2003. The Registry was established in order to identify, for notification reasons, medically registered properties during the 2 year transition period.
After April 1, 2003, the By-law came into full effect making the Property Registry redundant. In essence the notification and related clauses in the By-law will apply to all residential use properties.
Q: My neighbour is spraying pesticides. What can I do?
A: If you believe they are violating the By-law (i.e. no permit; in-adequate signage or notice; improper methods or weather conditions; etc.), By-law Enforcement through the HRM Corporate Call Centre at 490-4000.
West Nile Virus
Q: Does the Pesticide By-law affect West Nile Virus mosquito control?
A: The Pesticide By-law is specific to residential use properties and municipally owned properties and to the outdoor maintenance of trees, shrubs, flowers, other ornamental plants and turf.
Any control measures and/ or remedies regarding West Nile Virus would be for public health reasons and not for landscape maintenance, thus the By-law would not apply.
Where can I get more information?
For information and questions on the Pesticide By-Law and Enforcement please contact the HRM Call Centre at 490-4000.
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