Who Is Responsible for Orchard Spraying Near Homes in Peachland?

Many residents reasonably assume that pesticide spraying near homes, playgrounds, and public walkways is strictly a provincial issue. That assumption is understandable—but it is not legally accurate.

Recent correspondence from the District of Peachland suggested that concerns about orchard spraying fall outside municipal jurisdiction. However, both Supreme Court of Canada precedent and guidance from provincial ministry staff indicate otherwise.

This matters, because clarity about who is responsible determines whether local concerns are addressed—or deflected.

The Key Legal Case Every Municipality Should Know

In 2001, the Supreme Court of Canada decided Spraytech v Hudson, a landmark case that directly addressed this issue.

At its core, the case asked a simple question:

Can a municipality regulate or restrict pesticide use locally, even if pesticides are also regulated by provincial and federal governments?

The Supreme Court’s answer was clear: Yes.

The Court upheld a municipal bylaw that restricted pesticide use, confirming that municipalities have valid authority to act in the public interest where health, safety, and environmental well-being are concerned—even when higher levels of government are also involved.

What the Supreme Court Actually Said (In Plain Language)

The ruling established several important principles:

• Municipalities are not powerless simply because the Province regulates an activity
• Provincial rules set minimum standards, not maximum limits
• Municipalities may impose additional local protections where circumstances warrant
• Local governments may act precautionarily, even if scientific certainty is incomplete
• Overlapping jurisdiction is normal—and lawful—in Canadian governance