Quebec municipal bylaw limiting use of pesticides upheld by Supreme Court

6/28/01
Canadian Press

OTTAWA (CP) - A Quebec municipality can regulate pesticide use, the Supreme Court of Canada ruled Thursday. The decision upholding a bylaw of the Montreal-area community of Hudson has broad implications for the use of pesticides across Canada.

"It is reasonable to conclude that the town bylaw's purpose is to minimize the use of allegedly harmful pesticides in order to promote the health of its inhabitants," Justice Claire l'Heureux-Dube wrote for the court.

This purpose "falls squarely" within the health component of the provincial act regulating municipalities. Permitting the town to regulate pesticide use is consistent with international law's "precautionary principle," which states it is better to be overly cautious than to create a potential risk to the environment, l'Heureux-Dube wrote.

However, she said, it is important to keep in mind that such open-ended provisions as the one in Quebec's Cities and Towns Act "do not confer an unlimited power.

"Rather, courts . . . must be vigilant in scrutinizing the true purpose of the bylaw."

The bylaw responded to concerns of Hudson residents about alleged health risks caused by non-essential uses of pesticides within town limits. The judges noted that Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Northwest Territories and Yukon all have similar provisions in municipal enabling legislation. The case pitted two landscaping companies, Chemlawn and Spraytech, against the Montreal-area community over a 1991 bylaw limiting use of lawn chemicals.