BILL NO. 37

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Private Member's Bill

Municipal Government Act
(amended)

Charlie Parker
Pictou West

First Reading: November 28, 2007

(Explanatory Note)

Second Reading:

Third Reading:

This Bill extends the authority to pass by-laws prohibiting the use of pesticides for cosmetic purposes to all municipalities. At present, only Halifax Regional Municipality may do so.

2 Clause 172(1)(j) of Chapter 18 of the Acts of 1998, the Municipal Government Act, is repealed and the following clause substituted:

(j) regulation of the application and use of pesticides, herbicides and insecticides for the maintenance of outdoor plants and turf on the part of a property used for residential purposes and on property of the municipality and, without restricting the generality of the foregoing,

(i) require the posting of notices when pesticides, herbicides or insecticides are to be so used and regulate the form, manner and time of the notice and the area in which the notice must be posted,

(ii) establish a registration scheme, that is open to the public, in which a resident may file with the clerk an objection to pesticides, herbicides and insecticides being so used in the vicinity of the property on which the person resides,

(iii) require that notices be served on the residents of properties registered pursuant to the registration scheme within the distance specified in the by-law when pesticides, herbicides or insecticides are to be so used and regulate the form, time and manner of the notice,

(iv) provide that pesticides, herbicides and insecticides may not be so used within the distance of a registered property established by the by-law, the requirements respecting notices to residents or owners of properties within the distance of a registered property established by the by-law and the effective date of the prohibition,

(v) specify the circumstances in which posting or serving of notices is not required or the prohibition does not apply,

(vi) provide for all other matters necessary or incidental to the establishment of the registration scheme,

but, for greater certainty, not the regulation of property used for agricultural or forestry purposes;