Item - 2022.IE27.4

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Parks, Forestry and Recreation to implement an aerial spray using Foray 48B, pesticide based on a biological control agent Bacillus thuringiensis subspecies kurstaki (Btk), in Wards 6, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25; and subject to approval of emergency registration from the Pest Management Regulatory Agency in the First Quarter of 2022, BoVir, pesticide based on a biological control agent Lymantria dispar Nucleopolyhedrovirus, in Ward 4 (High Park).

2. City Council direct the General Manager, Parks, Forestry and Recreation to consult with Toronto Public Health, Transportation Services and Toronto Police Service to coordinate implementation of the proposed aerial based application of the biological pesticides Foray 48B (a.i. Btk) and BoVir Lymantria dispar Nucleopolyhedrovirus.

3. City Council authorize the City Solicitor to introduce a by-law to implement a control strategy for Lymantria dispar dispar moth infestation through aerial spraying of the biological pesticides as set out in Recommendation 1 above.

4. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and enter into and execute a non-competitive contract with Zimmer Air Service Incorporated to conduct aerial spray operations services as part of the overall Lymantria dispar dispar moth control program in 2022, in the amount of $804,608 net of all taxes and charges ($818,769 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager of Parks Forestry and Recreation and in a form satisfactory to the City Solicitor.

In an effort to protect the City's tree canopy against invasive pests, it is necessary for the City to implement a control program in 2022, including an aerial spray in certain areas of the City, for Lymantria dispar dispar moth, formerly referred to as European gypsy moth.

The report requests that City Council grant authority to enter into a non-competitive contract with Zimmer Air Service Incorporated for a term of one year, to conduct aerial spray operations services as part of the overall Lymantria dispar dispar moth control program for 2022, in the amount of $804,608 net of all taxes and charges ($818,769 net of Harmonized Sales Tax recoveries).

Lymantria dispar dispar moth is an invasive alien pest that was first found in Ontario in 1969. This pest cannot be eradicated and when left unchecked populations grow to outbreak levels which can lead to tree defoliation and ultimately affect the health of the urban forest canopy. The Lymantria dispar dispar moth population fluctuates in relation to environmental and natural biological controls. In 2007, 2008, 2013, 2017, 2019 and 2020, the City of Toronto implemented aerial spray control programs when Lymantria dispar dispar moth populations attained outbreak levels. Those measures were successful in reducing the local populations to acceptable levels.

Current survey data collected in the summer and fall of 2021 indicate Lymantria dispar dispar moth population levels have reached outbreak levels in some areas of Toronto, requiring intervention in order to mitigate the impact of this threat to forest health and the nuisance to residents. This report presents the results of the surveys along with recommended control measures, which include an aerial spray of Foray 48B (Btk), containing the active ingredient Bacillus thuringiensis subspecies kurstaki (Btk), in larger outbreak areas. An aerial spray of BoVir, containing the active ingredient Lymantria dispar Nucleopolyhedrovirus, is proposed in High Park, pending the approval of emergency registration.

At present, aerial spraying of Foray 48B (Btk) is proposed to treat a total of 658 hectares of land in Wards 6, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25. Aerial spraying of BoVir Lymantria dispar Nucleopolyhedrovirus is also proposed over 128 hectares area of High Park in Ward 4. Tree injection and egg mass removal will be performed in other locations within these wards to treat approximately 2200 additional selected trees. This control strategy is expected to reduce the Lymantria dispar dispar moth population and predicted levels of defoliation, resulting in prevention of tree loss or significant decline. 

City Council approval is required for contracts valued over $500,000.00 awarded in relation to a non-competitive or limited solicitation procurement process in accordance with Article 195-7.3(D) of Municipal Code Chapter 195-Purchasing, and before expenditures may be made for a commitment of more than $500,000 net of Harmonized Sales Tax in accordance with Article 71-11(A) of the Municipal Code, Chapter 71 - Financial Control.