Pesticide By-Law FAQs

This by-law is already in effect in the City Of Hamilton. The restrictions on how pesticides can be used came into effect on September 1, 2008.

On April 22, 2009 the Ministry of the Environment's Ontario-wide pesticides ban came into effect. For more information and tips, please go to: www.ene.gov.on.ca/en/land/pesticides/index.php This provincial ban in effect replaces municipal pesticide bylaws that address the use, sale or transfer of cosmetic pesticides.

Return to the top

Basically the By-law states that no person shall apply or cause or permit the application of a pesticide within the geographical boundaries of the City of Hamilton. There are, of course, exceptions.

Please make sure that if you have a lawn care company that they do not use pesticides in their products.

Return to the top

Pesticides are no longer allowed, unless one of the following conditions are satisfied:

• Pesticides are being used to control a health hazard (i.e. bees, wasps etc.)
• If the active ingredient in the pesticide is allowed (i.e. products that use pheromones, insecticide bait which is enclosed by the manufacturer in a plastic or metal container that has been made in a way that prevents or minimizes assess to the bait by humans and pets, products that contain only one active ingredient such as Insecticidal and herbicidal soaps)
• To control for specific purposes, including infestations (i.e. 30% weed coverage over an area), weed control, agriculture, golf courses, bowling greens, control poison ivy and to comply with the weed control act. Note: you don’t have to have 30% weeds to spot treat poison ivy, a golf course or to comply with the weed control act.

For a complete list of conditions, please refer Schedule A of the By-law.

Other the general pesticide applications outside the scope of the By-Law include:

• Disinfecting swimming pools, whirlpools, spas or wading pools
• Purifying water intended for the use of humans or animals or to treat sewage effluent
• Within a building
• Controlling of aphids, gypsy moths, termites, ants, bees, wasps, hornets, cockroaches, mosquitoes, fleas and ticks, or to exterminate or repel rodents
• Applying on a person as an insect repellant for personal use
• Direct application of a wood preservative on wood, or by injection into trees, stumps or wooden poles
• Controlling or destroying a Health Hazard
• Applying to trees to prevent or manage pests which threaten the health of the trees or the fruit produced by such trees

Return to the top

Spot spraying is only allowed for specific purposes outlined within the Hamilton By-law. Specific purposes would include treating an infestation, but the infestation must meet the By-law's definition of an infestation (Schedule C of the By-law) before pesticides are allowed. When identifying any problem weeds before you spray, you must establish that there is an infestation. For instance, it would not be acceptable to spot spray individual dandelions. Alternatively, if a particular area of the lawn had 30% dandelion coverage, you would be allowed to spot spray only the dandelions in the infested area. The minimum size of an area that can be assessed to determine an infestation is 1 sq/m (approx.9 sq/f). You cannot claim there was an infestation in a 4 sq inch area because of a single dandelion.

Return to the top

To control weeds that are not considered an infestation, you could use a tool to physically remove individual weeds, or you may apply a pesticide that is exempt from the By-law (i.e. corn gluten is exempt, and could be used to control dandelions, even if there is not an infestation).

You can contact Green Venture at 905-540-8787 or visit their website and look for information on Naturally Hamilton pesticide-free lawn and garden care.

Return to the top

Stay away from products that have the following on their labels:

• “PESTICIDE USE” in red capital letters
• “WARNING” in red capital letters
• A pictogram showing a black silhouette of an adult person on a white background within a red circle crossed by an oblique red bars

Return to the top

To get a better sense of what the Provincial legislation may look like you can review Bill 64.

Return to the top

On September 1, 2009 it is scheduled that the fines will go into effect. If found guilty of an offence and upon conviction fines are as follows for a:

• first offence, up to a maximum of $5,000.00;
• second offence, up to a maximum of $20,000.00; and
• third or subsequent offence, up to a maximum of $100,000.00

Return to the top

You can call the City of Hamilton’s Contact Centre at 905-546-CITY.

Return to the top