Decision Date: May 3, 2000

Panel: Katherine Hough, Tracey Cook, Barbara Thomson

Keywords: Pesticide Control Act – ss. 1, 6; Pesticide Control Act Regulation – s.2(1)(a); pesticide use permit; chlopyralid; Transline; dicamba; Banvel; picloram; Tordon 22K; costs.

This was an appeal by the Shuswap-Thompson Organic Producers Association from a decision of the Deputy Administrator to issue a pesticide use permit to the City of Kamloops (the “City”). The permit authorizes the City to use Transline (chlopyralid), Banvel (dicamba), and Tordon 22K (picloram) to control noxious weeds within its municipal limits.

The Board found that the issue of whether the permit incorrectly authorized the use of Transline before it was formally registered for use in the Kamloops areas was moot because the City did not use Transline before it was registered. The Board found that although the City had used Banvel II in place of Banvel without authorization, there was no evidence that the two formulations have different effects. Therefore, although the use of Banvel II may have been a technical breach of the permit, the Board found that this did not warrant cancellation of the permit.

The Board found that the potential for adverse effects of the permitted pesticides on water supplies and non-target vegetation was sufficient to warrant a review of the permit. The Board found that with certain amendments to the permit, the pesticides would cause no unreasonable adverse impact on human health or the environment. The amendments ordered by the Board included prohibiting the application of Transline and Tordon 22K to any ditches, prohibiting the use of Tordon 22K on the floodplain of the Thompson River, requiring that soil assessments be done where Tordon 22K is to be applied, reducing the total quantity of Banvel II that may be used, reducing the maximum application rate and quantity of Tordon 22K, and limiting acceptable “spot treatment” application methods.

The Board also ordered that the permit be amended to include a condition that a map showing the date, type of pesticide treatment, and location of treatment be made available at a location accessible to the public within a reasonable period after pesticide application. The Board further ordered that any area treated with Tordon 22K be closed to the public during application and remain closed until the spray has dried on the foliage.

The appeal was allowed, in part. The request for costs was denied.