The appellant landscaping and lawn care companies challenged a Town of Hudson by-law that restricted the use of pesticides within its perimeter to specified locations and activities.
The appellants argued the by-law was ultra vires the municipality's authority and conflicted with federal and provincial pesticide legislation.
The Supreme Court of Canada held that the by-law was validly enacted under the general welfare provision of the provincial Cities and Towns Act, as it was genuinely aimed at furthering public health and safety.
The Court also found no operational conflict with federal or provincial legislation, as dual compliance was possible, establishing a tri-level regulatory regime for pesticides.
