An Ontario Court has dismissed the challenge by Grain Farmers of Ontario of a Regulation made under the Pesticides Act (Ontario). The Regulation controlled the use of neonicotinoid-treated seeds, which have a toxic effect on bees and other pollinators. The use of the treated seeds was not prohibited, but limited to circumstances in which farmers could produce pest assessment reports demonstrating the need for the use of treated seeds. The Grain Farmers of Ontario argued that because the Regulations were implemented late in the farming season, the testing for the presence of pests would not be accurate, and that the implementation of the Regulation should therefore be delayed. The Court concluded that it had no authority to grant injunctive relief and that the claim did not disclose a reasonable cause of action. (Grain Farmers of Ontario v. Ontario (Ministry of the Environment and Climate Change), CALN/2015-025, [2015] O.J. No. 5662, Ontario Superior Court of Justice)
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