Legislative Assembly of New Brunswick
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# An Act to Amend the Municipalities Act +

Legislature :
55
Session :
3
Bill No. :
62
Member :
Mr. Murphy
First Reading :
2006-5-5
Second Reading :
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 62

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                              Section 1 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:



"pesticide" means a pesticide as defined in section 1 of the Pesticides Control Act;



2                              Subsection 11(1) of the Act is amended by adding after paragraph (k) the following:



(k.1)                      regulating or prohibiting the application and use of pesticides for the maintenance of outdoor trees, shrubs, flowers, other ornamental plants and turf within a municipality and, without restricting the generality of the foregoing, the by-law may



(i)               require the posting of notices when pesticides are to be so used and regulate the form, manner and time of the notice and the area in which the notice must be posted,



(ii)               establish a registration scheme, that is open to the public, in which a resident who has a medical reason for objecting to pesticides being so used may file with the clerk an objection to them being so used in the vicinity of the property on which the person resides,



(iii)               require that notices be served on the residents of properties registered pursuant to the registration scheme within the distance specified in the by-law when pesticides are to be so used and regulate the form, time and manner of the notice, and



(iv)               specify the circumstances in which the posting or serving of notices is not required,



but a by-law pursuant to this paragraph does not apply to property used for agricultural or forestry purposes;

 

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