Following the Hudson decision which has broad implications for the use of pesticides across Canada, many more municipalities have pesticide by-laws, or are in the process of adopting them.

A list of municipalities with pesticide by-laws in Canada
Municipal bylaw listing

In May 1991 the Town of Hudson, Québec, located west of Montreal, adopted By-law 270, which restricted the use of pesticides within the limits of the town in order to protect the health of the residents of Hudson.

In 1992 two lawn pesticide companies, Chemlawn and Spraytech, were charged with a $300 fine for spraying pesticides in the town. The pesticide companies challenged the authority of the municipality -"to forbid an activity legally authorized by a federal or provincial law". Hudson won the case in the Quebec court.

An appeal was made by the companies to the Quebec Superior Court. They lost again. Not willing to let the matter rest, the companies went further to the Supreme Court. They were granted a leave to appeal in November 1999. The case was heard on December 7, 2000.

Again, their challenge was dismissed with costs, by the Supreme Court of Canada, on June 28th, 2001.

At the time of the lawsuit, there were at least 37 Quebec municipalities with by-laws restricting pesticides.

In an unanimous judgement, Justice Claire L'Heureux-Dubé wrote for the court "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". She also stated "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."

The judges noted that Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Northwest Territories and Yukon all have similar provisions enabling their municipalities to make such bylaws.

An overview of the Hudson Decision can be viewed at:

Legal Precedents - Overview of the Hudson Decision
www.sierralegal.org/issue/hudson_presentation.html

By-laws Restricting Pesticide Use - Examples of Municipal Pesticide By-Laws
http://pestinfo.ca/main/session//lang/EN/ns/8/doc/25

Pesticide By-laws
www.sierraclub.ca/national/pest/pesticide-bylaws/

Pesticide Law and Policy in Canada
www.city.toronto.on.ca/health/hphe/pdf/ps_law.pdf

The Hudson Case - Supreme Court
www.lexum.umontreal.ca/csc-scc/en/pub/2001/vol2/html/2001scr2_0241.html

Industry's take...
www.epublicrelations.org/Hudson.html