Decision Date: January 21, 2000

Panel: Toby Vigod

Keywords: Environment Management Act – s.11(12)(a); participant status; intervenor

This was an application by the British Columbia Lung Association for participant status in the above noted appeals for the purposes of providing medical and scientific evidence on respiratory health, and the risk to public respiratory health arising from, or contributed to by the operation of beehive burners.

The Panel adopted the two pronged test articulated by the Forest Appeals Commission for dealing with intervenor applications. The Panel found that, given the focus of the Association on respiratory health, the Association had a valid interest in the issues raised in the appeals, namely, the risk of adverse health effects posed by the inhalation of wood smoke produced by the beehive burners. The Panel also found that the Association had a relevant, and possibly unique perspective that may be of assistance to the Board in the appeals. The Panel also accepted that its participation would not unduly prejudice the parties provided that the Association avoided duplicating evidence and kept to its estimated one hour time frame. The application for limited participant status was granted.