MR. ADRIAN DIX

BILL M 215 — 2012

COSMETIC USE OF PESTICIDES
CONTROL ACT, 2012

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  (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.

"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

3  (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 of 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

4  (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

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

Regulations

7  (1) Authorizes the Lieutenant Governor in Council to make regulations referred to in section 41 of the Interpretation Act.

Offences and penalties

8  (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 section 6, the low-risk pesticide list is deemed to include all pesticides listed in tables la, 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.