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Part 1.

Part 1.
14/05/2009

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Burnaby, British Columbia, Canada, is the city immedi-


ately east of Vancouver. It is the third–largest city in
British Columbia by population, surpassed only by
nearby Surrey and Vancouver itself.

It was incorporated in 1 8 9 2 and achieved City status in 1 9 9 2 , one hundred


years after incorporation. It is the current seat of the Metro Vancouver gov-
ernment. (Source: Wikipedia.)

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Part 1.
14/05/2009

E n v i r o n m e n t a l aw a r d s
n o m i n e e s wa n t e d

Marc h 7t h, 2009

The city's environmental awards program includes a new category this year to
recognize residents who are going the extra distance to make green choices.
The new Green Choices award will join a roster of awards that recognize vari-
ous environment–related efforts in the city and is specifically intended to hon-
our those who make choices in their own homes or gardens that improve the
health of Burnaby's environment.
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At a recent council meeting, councillors gave the thumbs–up
to move forward with planning for this year's Environment
Week, J u n e 1 t o 7 , and to put out the call for nominations.

Coun. Dan Johnston, who is the chair of the city's environ-


ment committee, noted that the new award essentially re-
places an earlier award category called Chemical–Free Lawns
and Gardens.

dan.johnston@burnaby.ca

He said that with council's adoption last year of the pesticide use control by-
law, city residents are already limited from cosmetic pesticide use. Other
award categories are communications, community stewardship, planning and
development, youth and business stewardship. Nominations for the awards
are due by A p r i l 9 , and winners will be announced in M a y .

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Part 1.
14/05/2009

C i t y wa n t s B . C . – w i d e
limits on pesticide use

T h e C i t y o f B u r n a by w a n t s
t o t a ke i t s p e s t i c i d e
b a n p r ov i n c e w i d e .

September 24t h, 2008

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The City of Burnaby wants to take its pesticide ban prov-
ince wide.

The city has penned a resolution going to the Union of B.C. Municipalities con-
vention this week asking the province to ban the sale and use of cosmetic pes-
ticides.

Burnaby banned the products from residential yards earlier this year.

Coun. Dan Johnston said the goal now is to get a " level pla ying field " in
B.C., rather than having different rules in different cities.

dan.johnston@burnaby.ca

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" If it's evenl y appl ied acros s the p rovince, you'll ge t


better participation from retailers and other part ies ,
" Johnston, chair of the city's environment committee, said.

The resolution also seeks the authority to ban pesticide use


on all property within the city. Currently, cities can only ban
pesticides on residential or city–owned properties.

Johnston said it's important to ban the products on all city


properties if the bylaw is going to have a real impact on the 5 of 17.
environment.

The city's delegation will have several backers, including Mae


Burrows, a Burnaby activist with Toxic Free Canada.

Burrows said she also wants to encourage other B.C. cities


to adopt a Burnaby–style bylaw.

mburrows@telus.net

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Part 1.
14/05/2009

Her goal is to have cities banning the use of cosmetic pesti-


cides and the province banning their sale.

She noted that cities do not have the authority to ban pesti-
cide sales.

" We need the province on b oard, " Burrows said.

She noted that the Burnaby Fire Fighters Charitable Associa-


tion and the Burnaby Government and Service Employees'
Union, headquartered in Burnaby, have supported Toxic Free
Canada.

newsletter@email.toxicfreecanada.ca 6 of 17.
info@toxicfreecanada.ca
hotlist@email.toxicfreecanada.ca

In F e b r u a r y , council passed a bylaw banning weed– and bug–killers from resi-


dential yards.

The bylaw covers pesticides used for cosmetic reasons, not products used
against bug and rodent infestations.

It won't take effect until a year after it's enacted.

Recent studies have linked lawn and garden pesticides to birth defects,
asthma, developmental delays, prostate cancer, motor dysfunction, Parkin-
son's, nervous system disruption and immunotoxicity.

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Part 1.
14/05/2009

ND P S u cce e d s
in Pushing for Hea rings
o n 2 4 – D Pe s t i c i d e s

Marc h 10t h, 2009.

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New Democratic Party of Canada
(the third federal opposition party)

Web Site

Retrieved in M a r c h 2 0 0 9

OTTAWA ─ On Tuesday, the International Trade Committee passed a New


Democrat motion calling for hearings on a trade dispute over Quebec’s prov-
ince wide cosmetic pesticide ban. The motion, tabled by New Democrat’s In-
ternational Trade Critic Peter Julian, will allow the committee to look into the
NAFTA Chapter 11 challenge by Dow AgroSciences against Quebec’s ban of
lawn and garden pesticides.

juliap@parl.gc.ca

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“NAFTA ’s Chapter 11 p rovisions have been criticised as shutt ing


down democratic governments and Dow’s challenge is clearly a case
in point,” said Julian. “The prov inc e of Quebec, with broad support
from the p opulat ion, banned tox ic p esticides and now a major chemi-
cal company is trying to use Chapter 11 to shake the government
down and get compensat ion for products that clearly have p rof ound
health effects. This is sue must be brought in the publ ic domain.”

Dow AgroSciences in suing the federal government for loss of profits which
would occur as a result of this pesticide ban. Dow filled a $2 million notice of
action last under Chapter 11 of NAFTA last August.
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Currently, there are approximately 1,000 commercial


pesticide products for sale in Canada that cannot be
sold in other nations because of health and environ-
mental concerns.

Julian’s motion was amended at committee to include


discussion of another Chapter 11 case regarding the
seizure of Abitibi Bowater assets by the Newfoundland
government.

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Part 1.
14/05/2009

C i t y o f B u r n a by
B y l aw N o . 1 2 4 6 5

This Bylaw came into force on A p r i l 1 s t , 2 0 0 9 .

A Bylaw to regulate the use of pesticides for cosmetic purposes

The Council of the City of Burnaby ENACTS as follows :

1. This Bylaw may be cited as BURNABY PESTICIDE USE CONTROL BYLAW,


2008.

2. In this Bylaw :
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“biolog ical control ” means the use of natural agents such as insects, nema-
todes, fungi, viruses or fish to control pests;

“hard landscape” means any constructed surface typically used for land-
scaping such as asphalt, concrete, rocks, gravel, treated wood or brick pavers;

“infestation” means the presence of pests in numbers or under conditions


that involves an immediate risk of structural damage to property or significant
financial loss in respect of the use of property;

“permitted pestic ide” means a pesticide listed in Schedule “A”;

“pest” means an animal, a plant or other organism that is injurious, noxious


or troublesome, whether directly or indirectly, and an injurious, noxious or
troublesome condition or organic function of an animal, a plant or other organ-
ism;

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Part 1.
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“pesticide” means a microorganism or material that is represented, sold,


used or intended to be used to prevent, destroy, repel or mitigate a pest, and
includes but is not limited to :

(a) a plant growth regulator, plant defoliator or plant desiccant;

(b) a control product as defined in the Pest Control Products Act (Canada);
and

(c) a substance that is classified as a pesticide by the Integrated Pest Man-


agement Act (British Columbia);

“private lands” means a parcel or part of a parcel if the parcel or part is


used for residential purposes;

“public lands ” means lands owned by the City.


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3. Except as otherwise permitted under this Bylaw, no person shall apply or
cause or permit to be applied a pesticide on private lands or public lands
within the City of Burnaby.

4. This Bylaw shall not apply in respect of :

(a) the use or application of a permitted pesticide;

(b) the use of a pesticide in response to a danger to human or animal


health;

(c) the use of a pesticide to disinfect a swimming pool, wading pool, whirl-
pool or ornamental water fountain;

(d) the use of a pesticide to purify water intended for human or animal
consumption;

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Part 1.
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(e) the use of a biological control to destroy noxious pests, including rats
and mice;

(f) the use of a pesticide to control an infestation;

(g) the use or application of a pesticide inside of a building;

(h) the use of a pesticide to control or destroy plants which constitute a


danger for human beings who are allergic thereto; and

(i) the use of a pesticide to prevent the deterioration of hard landscapes.

5. (1) Every person who violates a provision of this Bylaw, or who consents, al-
lows or permits an act or thing to be done in violation of a provision of this By-
law, or who neglects or refrains from doing anything required by a provision of
this Bylaw, is guilty of an offence and is liable to the penalties as may be im-
posed under the Offence Act, R.S.B.C. 1996, c.338. 11 of 17.

(2) Each day that a violation continues or exists under this Bylaw is a separate
offence.

6. If any section or provision of this Bylaw is held to be invalid by a Court of


competent jurisdiction, then such invalid portion shall be severed and such de-
cision shall not affect the validity of the remainder of the Bylaw.

7. This Bylaw comes into force on A p r i l 1 , 2 0 0 9 .

Read a first time this 9th day of June 2008


Read a second time this 9th day of June 2008
Read a third time this 9th day of June 2008
Reconsidered and adopted this 16th day of June 2008

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Part 1.
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SCHEDULE “A”

Permitted Pesticides

The following substances are permitted pesticides and shall be excluded from
the provisions of this Bylaw :

(1) Insecticidal soaps


(2) Algicides and bactericides used in swimming pools, wading pools, whirl-
pools or ornamental fountains
(3) Bt (Bacillus thuringiensis)
(4) Nematodes
(5) Other biological control organisms
(6) Animal repellents
(7) Rodenticides 12 of 17.
(8) Injected tree treatments
(9) Sticky media
(10) Borax
(11) Dormant Oils
(12) Horticultural Oils
(13) Bordeaux mixture and other sulphur compounds
(14) Lime Sulphur
(15) Ferric phosphate
(16) Pruning paint
(17) Pheromone traps
(18) Pyrethrum (or phrethrin)
(19) Diatomaceous earth

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Part 1.
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B u r n a by Pe s t i c i d e
N o t i f i c a t i o n B y l aw

Adopted J u l y 2 3 r d , 1 9 9 0

The Council of The Corporation of the District of Burnaby ENACTS as follows :

1. This BYLAW may be cited as BURNABY PESTICIDE NOTIFICATION BYLAW.

2. In this BYLAW, unless the context otherwise requires,

3. (1) Every person who uses a pesticide 13 of 17.

Read a first time this 9th day of July, 1990

Read a second time this 9th day of July, 1990

Read a third time this 9th day of July, 1990

PESTICIDE NOTIFICATION BYLAW – No. 9424

THE CORPORATION OF THE DISTRICT OF BURNABY


BYLAW NO. 9424

A BYLAW to require notification of pesticide application

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(a) "multiple family dwelling" means any building consisting of three or


more dwelling units:

(b) "pesticide" and "public land" have the meanings assigned by the Pesti-
cide Control Act and regulations thereunder.

(a) on public land, or

(b) on the grounds of a multiple family dwelling or in the common areas within
such dwelling shall post a warning notice at least 72 hours before the pesticide
is applied and shall keep the notice posted at least 72 hours after the pesticide
is applied.

(2) The warning notice required by subsection (1) shall conform with the re-
quirements set out in Schedule "A" hereof.

4. (1) No person shall apply a pesticide in a dwelling unit in a multiple family


dwelling unless the occupant of the unit has been notified in writing at least 72 14 of 17.
hours prior to the time set for the application of pesticide.

(2) Notwithstanding subsection (1), where the occupant of the dwelling unit
consents to a shorter notice period, that shorter notice may be given.

5. Where in the opinion of the Medical Health Officer the interests of public
health will be better served by a shorter notice period than is required by this
BYLAW, the Medical Health Officer may vary the time required for giving notice.

6. Where, pursuant to section 2 of the Pesticide Control Act, the Lieutenant


Governor in Council declares that an emergency exists, this BYLAW shall be
limited in its application so as not to interfere with or obstruct the effectiveness
of that declaration.

RECONSIDERED AND ADOPTED this 2 3 r d d a y o f J u l y , 1 9 9 0

CERTIFIED A TRUE COPY THIS 2 4 t h D A Y O F J u l y , 1 9 9 0

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Part 1.
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SCHEDULE "A"
NOTICE REQUIREMENTS

All notices shall be printed on signs that are :

(a) rectangular:
(b) at least 28 cm x 43 cm;
(c) made of durable, rain resistant material;
(d) red–lettered on a white background.

The message on the sign shall have

(a) the words "PESTICIDE WARNING" printed in bold face at least 2.5 cm
in height;
(b) the trade name of the pesticide, the date of application, the applicator's
name and telephone number and the words "AVOID CONTACT WI TH
TREATED AREA" printed in letters at least 1.5 cm in height, viz. : 15 of 17.

PESTICIDE WARNING

( trade name of pesticide) APPLIED (date)

by (applicator's name and phone number)

AVOID CONTACT WITH TREATED AREA

(1) Warning notices shall be posted :


(a) at all public entry points to the area being treated, and
(b) at intervals not exceeding 25 m around the perimeter of the area being
treated.
(2) Warning notices shall be prominently placed so as to be clearly visible both
within and outside the area being treated.

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Part 1.
Force of Nature was launched for continuous transmission on the Internet on January 1st, 2009.14/It05is/2a009
series of e–newsletters destined for the Green Space Industry, the environmental movement, politicians,
municipalities, and the media, nation–wide across Canada, and parts of the United States. Force of Na-
ture is produced in two parts. First. The Media Report itself that reports on the current events affecting
the future of the Green Space Industry.. Second. Independent Perspective., which is a running com-
mentary, sometimes also of a more technical in nature.

F o r c e o f N a t u r e is the brainchild of William H. Gathercole and his entourage. The opinions ex-
pressed in these e–newsletters, even though from an independent perspective, may not reflect those of
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cole and his team may sometimes be very irreverent and fearless with these e–newsletters.

William H. Gathercole holds a degree in Horticulture from the University of Guelph, and another pure and
applied science degree from McGill University. He has worked in virtually all aspects of the Green Space
Industry, including public affairs, personal safety, and environmental issues. Mr. Gathercole has been a
consultant and instructor for decades. Mr. Gathercole has been following the evolution of environmental
terrorism for over a quarter–century. His involvement in environmental issues reached a fevered pitch in
the 1990s, when he orchestrated, with others, legal action against unethical and excessive municipal regu-
lations restricting the use of pest control products. ( i.e. the Town of Hudson. ) Although he can be ac-
cused of being anti–environment–movement, he is, in fact, simply a strong advocate for the Green Space
Industry. However, this position has not precluded him from criticizing the industry itself. Nonetheless,
his vast knowledge of our long journey with environmental issues is u n d e n i a b l e . ( Hopefully ! ) For
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Information presented in Force of Nature has been developed for the education and entertainment
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The following titles are currently available. (Or, will be available in the near future.) ● Alberta Pro-
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