Decision Date: April 14, 2000

Panel: Jane Luke, Cindy Derkaz, Fred Henton

Keywords: Pesticide Control Act – s. 6(3); Foray 48B; Btk; gypsy moth; “unreasonable adverse effect”; precautionary principle.

These were appeals by several individuals and groups against a Pesticide Use Permit issued to the Ministry of Forests by the Deputy Administrator, Pesticide Control Act. The permit authorized the use of Foray 48B, with the active ingredient Btk, in a spray program designed to eradicate a localised population of the North American gypsy moth in Burnaby, British Columbia. The Appellants sought an order cancelling, or varying the permit, or an order staying the permit pending the release of further studies.

The Panel followed the two stage test set out in Islands Protection Society v. British Columbia Environmental Appeal Board B.C.S.C., 1988 for determining whether a pesticide application will have an “unreasonable adverse effect.” The test involved inquiring into whether an adverse effect exists, and, if found, undertaking a risk-benefit analysis to determine whether that adverse effect is reasonable.