By-Law 21-041 (Concerning Pesticide Sale and Use) was adopted by the Montreal City Council on September 27, 2021 and became effective on January 1, 2022. As of that date, it repeals the regulation on the Use of Pesticides (04-041), including any ordinances adopted under 04-041. By-law (21-041), also known as the Regulation Respecting the Sale and Use of Pesticides, applies to all boroughs of Montreal, Quebec.

The regulation prohibits the sell or offer to sell and/or use of a pesticide with an active ingredient that belongs to either the Neonicotinoid family (as defined in Chapter 1) or is listed in Annex 1. All classes of pesticides are covered and if a pesticide has more than one active ingredient, each individual active ingredient must be authorized for use or sell/offer for sell (i.e. - the ban applies to each active ingredient within a pesticide. If a pesticide has multiple active ingredients and even one is prohibited, the pesticide itself is banned).  

The regulation, divided into five chapters, covers definitions, prohibitions, use(s), exceptions (which are very limited), conditions of storage and use as well as administrative aspects, inspections and penalties and/or fees. 

Key definitions include the following:

• Bio-pesticide - a pesticide that is from a natural source (i.e. - bacteria, fungi, virus, plant(s), animal(s), mineral(s), etc.) and meets the definition/criteria of such under Health Canada's Pest Management Regulatory Agency.

• Class of pesticide - one of five classes of pesticides used for permits and certificates for the sale and/or use of pesticides.

•    Neonicotinoids - pesticides with an active ingredient of Acetamiprid, Clothianidin, Dinotefuran, Imidacloprid, Sulfoxaflor, Thiacloprid or Thiamethoxam.

•    Pesticide - a substance, material or micro-organism that is intended to control, destroy, attack/repel, whether directly or indirectly, an organism that is harmful or inconvenient for humans, wildlife, vegetation, crops, etc. or is intended as a vegetation growth regulator (does not include a drug or vaccine).

•    Pesticide use - any application of a pesticide, including but not limited to, spreading, spraying, injecting, coating seeds, etc.

•    Water sampling point - any area where water is taken for human consumption or food processing.

There are limited exceptions to the ban. As an example, the prohibition does not apply if an agent has authorization and holds a permit/license to sell a certain category of pesticide (Category A or Category B1 license, as defined in RLRQ, Chapter P-9.3, r. 2).

The use of a pesticide is also authorized if the active ingredient is a bio-pesticide (as detailed in the regulation) or is listed in Annex 2.  If a pesticide is authorized for use, the conditions of use, as provided in Chapter IV, must be followed.  These include, but are not limited to, use as directed by the Health Canada approved label of the pesticide product, maintain certain distances from bodies of water, use of appropriate signage, ensuring the user is authorized and has an up-to-date use registration, meeting storage requirements, etc.  

There are also requirements for persons to use a pesticide (commercial applicator) including permit applications and fees, permit for the purchase and use of pesticides, competence certifications, etc.  Such a permit is only valid for the calendar year in which it is issued.  The competent authority may also revoke a permit. Inspections may also be carried out and should be done without interference from any individual.