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Draft Bylaw for use in Manitoba. Municipality of_________ By-law no. Whereas Municipal Act,S.M 1996,c.58,C.C.S.M. C. m225,ss232 and 233 allows municipalities in Manitoba to respond expeditiously to new challenges facing municipalities in protecting the general welfare of residents in their territory, and such authority has been unanimously confirmed by the Supreme Court of Canada on June 28, 2001 in its decision on 114957 Canada LTEE(Spraytech, societe D'Arrosage) and services des espaces verts ltee/ Chemlawn, vs. the municipality of Hudson, Quebec, the municipality passes bylaw __________. 1: Definitions: For the purposes of this by-law, the following words and phrases shall have the following meanings: "PESTICIDE" means any substance, matter, or microorganism intended to control, destroy, reduce, attract or repel, directly or indirectly, an organism which is noxious, harmful, or annoying for a human being, fauna, vegetation, crops, or other goods, or intended to regulate the growth of vegetation, excluding medicine or vaccine; "FARMER": means a farm producer or horticulturist. 2. The spreading and use of a pesticide is prohibited throughout the territory of the Municipality. 3. Notwithstanding article 2, it is permitted to use a pesticide in the following cases:
4. Notwithstanding article 2, a farmer using a pesticide on an immovable tract which is exploited for purposes of agriculture or horticulture, in a hot house or in the open, is requested to:
5. Notwithstanding Article 2, it is permitted to use a biological pesticide to control or destroy insects which constitute a danger or an inconvenience for human beings. |
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