Mr. Katch Koch
Clerk
Standing Committee on Social Policy
Queen's Park — Whitney Block, Room 1405
Via E-mail: katch_koch@ontla.ola.org

Dear Mr. Koch:

On behalf of Retail Council of Canada (RCC) and its members operating in Ontario, I am writing to provide RCC's comments on Bill 64, which proposes legislative amendments to the Pesticides Act to ban the use and sale of pesticides for cosmetic purposes.

Retailers, as sellers and importers of designated products and the touch point for both consumers and manufacturers, have a significant stake in the development of the proposed legislation. RCC and its members are committed to the health and safety of Ontarians. The following represents the initial thoughts of retailers, which may be added to and/or refined as further discussion and consultation takes place.

Retailers Require a Phased-In Implementation Period
RCC understands that the government has expressed a goal of having the ban in effect by spring 2009. However, retailers require a phased-in implementation period of at least two-to-three years in order to ensure the responsible removal of affected products from Ontario store shelves.

Over 85 per cent of RCC members are small independent retailers and given their size, their buying cycles are greatly different than larger retailers — many of whom we have already announced their intention to phase out the sale of traditional lawn and garden chemicals, following the government's announcement in April.

However, it is just not feasible for small and independent retailers and garden centres in Ontario to meet the government's desired timelines of removing such products from their shelves by spring 2009. Most retailers have already completed their buying cycles and made their purchases for next spring and summer (in some cases they have already purchased for fall 2009).

Small businesses are the life blood of Ontario's economy. Independent retailers do not have the financial or human resources to comply with difficult and onerous legislation and regulations. It is simply inefficient and impractical to enforce an aggressive timeline for the proposed ban. In order to ensure that banned products are effectively and soundly removed from Ontario stores, retailers need to be provided with a phased-in timeline to accommodate varying buying cycles.

If not enough time is provided, there is a risk that substantial amounts of banned product would be pulled off the shelf in a short period of time, which is a situation that must be avoided to ensure that such a large quantity of products would not be disposed of inappropriately.

Again, RCC recommends that the government provide retailers with a phased-in implementation period of at least two-to-three years.

Education and Consumer Awareness
To ensure compliance with the proposed legislation retailers must clearly understand their obligations under any new laws affecting the sale of merchandise; and consumers must also be educated and influenced to change their purchasing behaviour.

RCC understands that part of the intent of proposing such legislation is not just for the protection of the health and safety of Ontarians but to also support innovative green alternatives to pesticides. As the touch point for both consumers and manufacturers, retailers are the vital link in the supply chain and are strategically well positioned to assist in educating and increasing awareness among consumers.

Educating consumers must be a fundamental component to the development of the proposed legislation. Developing an integrated (government/retail) consumer awareness and education program will be the most effective way of educating consumers and encouraging them to change their behaviour. RCC and its members would be pleased to work with the government on the development of voluntary guidelines that are clear and understandable to assist affected retailers in complying with the legislation.

Harmonization
Harmonization is a fundamental concern for the retail sector. The need for legislation and regulation to encourage harmonization with federal, provincial and territorial and municipal laws cannot be overstated. Approaches to pesticide use across Canada are far from consistent and increasingly place national retailers in the position of having to comply with a patchwork of requirements across the country; not to mention the confusion it creates for consumers across different provincial and municipal jurisdictions. Implementing different laws in every province is costly and administratively burdensome for retailers and is confusing for consumers; and as such, harmonization must be entrenched as a foundation of the proposed legislation.

RCC is pleased that the government has declared that the proposed amendments, if adopted, would render inoperative a municipal by-law that addresses the sale and use of pesticides.

Conclusion
Thank you for the opportunity to provide comments on Bill 64, which proposes legislative amendments to the Pesticides Act to ban the use and sale of pesticides for cosmetic purposes in Ontario. We look forward to actively working with the Ontario government and other stakeholders to develop balanced legislation that will protect the health and safety of Ontarians. If you require any further information or clarification, please do not hesitate to contact me.

Sincerely,

Rachel Kagan
National Manager, Government Relations (Environment)