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2013 Legislative Session: 5th Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. ROB FLEMING

BILL M 207 – 2013

COSMETIC USE OF PESTICIDES CONTROL ACT, 2013

This Bill will help protect public health, safety and the environment in British Columbia

by regulating, restricting and prohibiting the use and sale of pesticides for residential

and cosmetic use, and regulating the use of pesticides around children.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Definitions

(1) In this Act:

"cosmetic pesticide" means a pesticide that is represented, sold, used, or intended for use primarily

for a cosmetic purpose.

"cosmetic purpose" means for the purpose of improving or maintaining an aesthetic quality. This does

not refer to industrial or commercial purposes including agriculture, forestry, utilities,

golf courses, and other non-cosmetic uses.

"low-risk pesticide" means a pesticide on the low-risk pesticide list prescribed under

section 6.

(2) To the extent that this Act does not otherwise define a word or expression used

in this Act the

definitions in the Integrated Pest Management Act apply.

Purpose

2 The purpose of this Act is to protect the health of British Columbians and the environment

by reducing the unnecessary sale and use of toxic and hazardous synthetic substances

in the province of British Columbia.

Bylaws are Operative

(1) Nothing in this Act affects a municipality's or regional district's power to make

bylaws to regulate, restrict, or prohibit the sale or use cosmetic pesticides.

(2) Where there is a conflict between a provision of this Act and any other enactment

including a provision of a municipal or regional district bylaw that regulates, restricts,

or prohibits the sale or use of pesticides used for a cosmetic purpose, the more restrictive

provision prevails.

Prohibition on Sale, Transfer, and Use

(1) A person must not sell or transfer a cosmetic pesticide other than a low-risk

pesticide.

(2) A person must not use a pesticide, other than a low-risk pesticide, primarily

for a cosmetic purpose.

Education

5 The minister must develop and implement a public education program to increase public

awareness and understanding of

(

a) the application and administration of the Act,

(

b) the risks of cosmetic pesticide use,

(

c) the advantages of low-risk pesticides, and

(

d) alternatives to cosmetic pesticide use.

Low-Risk Pesticides

(1) The minister must prescribe a list of low-risk pesticides.

Regulations

(1) Authorizes the Lieutenant Governor in Council may make regulations referred to

section 41 of the

Interpretation Act .

Offences and Penalties

(1) A person who contravenes

section 4 of this Act commits an offence.

(2) An individual who is convicted of an offence under this Act is liable to a fine

of not more than $2 000.

(3) A corporation that is convicted of an offence under this Act is liable to a fine

of not more than $5 000.

(4) If a person is convicted of an offence under this Act and the court is satisfied

that, as a result of the commission of the offence, the person acquired any monetary

benefits or that monetary benefits accrued to the person, the court may order the

person to pay a fine equal to the court's estimation of the amount of those monetary

benefits.

(5) A fine under subsection (4) is in addition to and not in place of a fine under

subsections (2) or (3).

(6) Section 5 of the Offence Act does not apply in respect of this Act or the regulations.

Transitional

9 Effective on the coming in force of this Act and until such time as the minister passes

a regulation under setion 6, the low-risk pesticide list is deemed to include all

pesticides listed in tables 1a, 1b, 3a, 3b, and 3c of Reduced Risk Update RR200801

published by Health Canada's Pest Management Regulatory Agency.

Explanatory Note

This Bill will help protect public health, safety and the environment in British Columbia

by regulating, restricting and prohibiting the use and sale of pesticides for residential

and cosmetic use, and regulating the use of pesticides around children.

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c) Queen's Printer, Victoria, British Columbia, Canada