Soon after the enactment of the anti-pesticide by-law (No. 456-2003) in May 2003, Croplife Canada challenged the legal authority of the City of Toronto to regulate the use of pesticides within the city. Lawyers for Croplife Canada argued that the city had no authority to pass the by-law because federal and provincial laws were already in place regulating the manufacture, sale and use of pesticides.
The panel of judges found that since the 1990s, the law has recognized that municipal councils have broad powers to enact by-laws to meet the “legitimate interests” of the community. In addition, the restrictions placed by the by-law do not conflict with any federal or provincial law.
In the dismissal document, Croplife Canada was directed to pay $50,000 in costs to the City of Toronto. To read the official ruling, go to www.ontariocourts.on.ca/decisions/2005/may/C41220.htm.
