Bill 47 (The Municipal Government Act) (fwd)

Date: Sat, 31 Oct 1998 17:59:52 -0400 (AST)
From: Lance Makmillen <ad059@chebucto.ns.ca>
To: Colin Stewart <cstewart@chebucto.ns.ca>, Owen Hertzman <hertzman@atm.dal.ca>, Sustainable Maritimes <sust-mar@chebucto.ns.ca>
Precedence: bulk
Return-Path: <sust-mar-mml-owner@chebucto.ns.ca>

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Greetings;
 
We actually have a whole-province legislative emergency in process which
is taking place with incredible speed and essentially no media coverage at
all. The NS Government has put forward a huge Municipal Government Act,
known as Bill 47, which has many useful parts to it, but unfortunately
contains an extremely destructive section dealing with pesticide
regulation by the municipalities.  It is a piece of dream legislation from
the pesticide industry's point of view and, for all we know, they had a
hand in writing it (?)

The legislation will apply to all 55 municipalities in Nova Scotia and,
among other things, will prohibit any attempt now or in the future of any
municipality to regulate pesticide use within their area.  All they are
offering is notification of when you will be exposed to poisons, and then
only after you have already become ill! 

I am forwarding a notice for distribution that describes the problem
briefly and how to register to speak.  We only have a few days to get the
message out, so urge anyone in NS with an interest in stopping this
legislation to act quickly if they want to leave  the door open to sane
regulatory policies for urban pesticide use.

Instead of Section 174 (1)j (p.76) of Bill 47, what is needed is a clear
statute GIVING THE MUNICIPALITIES CLEAR POWERS TO REGULATE PESTICIDES.
This should include the ability to prohibit their use if the municipal
councils chose to do this.  This is of course up to each council to
decide!

The NS Env Act does say specifically that a municipal bylaw is NOT illegal
just because it imposes STRICTER regulations than those laid out in the NS
Env Act. But Bill 47 would make those dealing with pesticides an
impossibility.

Thanks so much for passing this on to anyone, or any organization, in
Nova Scotia you think would want to know about this emergency situation.

We can do this working together!

RATE
========================================================================== 



Subject: Bill 47

STOP THE NS GOVERNMENT'S FLAWED PESTICIDE LEGISLATION!
MUNICIPAL GOVERNMENT ACT   BILL 47   (Section 174 (1)j, p.76)
URGENT: Call Gordon Hebb's Office (424-8941) NOW
SIGN UP TO SPEAK When This Bill comes before the Law Amendments Committee
in the first week of November (or soon after - you will be notified when)

Bill 47 would put into effect a greatly weakened pesticide "registration"
system in the Halifax Regional Municipality (HRM) AND THROUGHOUT NOVA
SCOTIA in which:

-All present spraying and pesticide application continues as before,
totally unchecked, and unlimited in frequency and location - near your
wells, near your schools, and near your children!

-Only ill residents will be able to find out when their neighbours plan to
spray.  This means you will be unable to find out this information to
protect your healthy children.  In order to qualify for notification you
must wait until your children or someone in your family actually has
developed asthma, breast cancer, non-Hodgkin's lymphoma, endocrine system
disturbances, other illnesses or... become pesticide sensitive like so
many others!

-Spraying near schools IN SESSION is still allowed!

-2,4-D residues from you neighbour's lawn will still come indoors, bond
with your house dust, and remain there for up to a year!

-Those sensitive to pesticides must EVACUATE their homes for days on end,
for an unlimited number of times during the spring , summer and fall,
while having no compensation and no place to go!

-WITH THE WORDS "...but a bylaw made pursuant to this clause may not
prohibit the use of pesticides..", THIS BILL WILL ALSO MAKE ILLEGAL ANY
FUTURE HRM BYLAW THAT WOULD ATTEMPT TO CONTROL PESTICIDE USE!

AND

BILL 47's PESTICIDE SECTION WOULD APPLY TO ALL MUNICIPALITIES IN NOVA
SCOTIA.  IF ANY ONE OF THE 55 NS MUNICIPALITIES EVER TRIES TO PASS A BYLAW
REGULATING PESTICIDE USE, THEY WOULD NOT BE ALLOWED TO!

**************************************************************************************************************************************************************************************************************
You don't have to have special expertise to speak!  Just state your
concerns in ordinary language.  Up to 15 minutes is allowed for each
speaker, so use any portion of that you wish.  Sign up to speak
IMMEDIATELY, and ask others to oppose this legislation.  Our public
policies should be determined by THE PUBLIC, not those who profit from
pesticides.

Please help reinstate the original carefully drafted request for pesticide
jurisdiction that was already requested TWICE by HRM as amendments to the
HRM Act: once on April 22, 1997, and once on August 25, 1998. HRM's
reversal on October 13,1998. was a result of coercion. The original form
of this legislation would have had NO EFFECT on agriculture or forestry in
or out of HRM because it would have prohibited landscape pesticides only
within a few hundred feet of registered homes.  Agricultural regulations
wouldn't have permitted this anyway!




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