Municipality of Lac-Simon
849, chemin Tour-du-Lac
PO BOX 3550
Lac-Simon, Chénéville (Québec)
RE: Ban pesticides, insecticides & herbicides: We must protect the water and people of Lac Simon and Cheneville!
Maire Serge Thivierge,
In May 1991, the town of Hudson, Quebec passed a by-law to eliminate the cosmetic use of pesticides within the town's limits, in an effort to protect the health of Hudson residents. Two lawn pesticide companies, Chemlawn and Spraytech, were caught spraying pesticides in flagrant violation of the bylaw, and were charged (the maximum fine was $300).
Outraged, the pesticide companies challenged the municipality's authority "to forbid an activity legally authorized by a federal or provincial law." The Quebec court ruled in favour of Hudson.
The companies then appealed to the Quebec Superior Court. The Superior Court supported the earlier decision. Unwilling to let the matter die, the companies, undoubtedly backed by larger chemical manufacturing and distributing interests, pushed the case to the Supreme Court, which granted leave to appeal in November 1999. The case was heard on December 7, 2000.
Their challenge was dismissed, with costs, by the Supreme Court of Canada on June 28th, 2001.
While upholding the right of municipalities to protect the health of their residents against environmental threats, there is no explicit mention of pesticides, which opens up the potential for bylaws prohibiting or restricting other activities or substances in communities.
In January 2005, the Pest Management Regulatory Agency (PMRA) formally recognized the role that municipalities play in the governing of pesticide use. They wrote that communities are able “to further regulate pesticide use, including use restrictions.”
Les Municipalités de Lac-Simon et Cheneville must take this right and implement a Ban on pesticides, insecticides & herbicides.
We must protect the water and people of both Cheneville and Lac Simon!
I await your reply.
CC: Conseil de la Municipalité de Lac-Simon Don Saliba, Jean Guy Maillé, Jocelyn Boisvert, Nelson Barnes, Reina Laniel, ET Conseil de la Municipalité de Cheneville: Eric Drouin, Richard Whissell, Jean-Rene Carriere, Shieley Whissell, Rober Roy, et Joseph Filion Maire.