Decision Date: July 6, 2001

Panel: Alan Andison

Keywords: Injection treatment method; MSMA; arsenic; stay.

Josette Wier appealed a decision of the Deputy Administrator under the Pesticide Control Act to issue a pesticide use permit to the Minister of Forests. The permit authorized the use of monosodium methane arsenate (“MSMA”) for beetle control in the Morice Forest District and Tweedsmuir Provincial Park. The Appellant sought an order that the permit be canceled and that the permit be stayed pending the Panel’s decision. This is the decision on the issue of the stay application.

The Board found there were serious issues to be heard as there were issues concerning the adequacy of public notice of the application, and potential for harm to the environment and human health. The Board found that the Appellant failed to establish that there would be irreparable harm to the environment or human health from the proposed pesticide application. On a balance of convenience, the Board also determined that the Appellant did not demonstrate that the potential for harm to her interests if a stay was denied outweighed the potential for harm to the Ministry if the permit were stayed. On the contrary, the potential for harm arising from safety hazards, harm to trees, and increased economic losses outweighed the potential for harm to the environment and human health.

The application was dismissed.