Decision Date: November 20, 2002

Panel: Alan Andison

Keywords: Pesticide Control Act – ss. 1 – definition of “adverse effect”, “pesticide”, 4(1)(a), 4(3), 12(2)(a); Pesticide Control Act Regulation – ss. 1 – definition of “public land”, “service licence”, 2, 10(2); public land endorsement

Ingmar Lee appealed the decision of the Deputy Administrator to issue and endorse a pesticide control service licence to the University of Victoria. The licence allows UVic to administer certain registered landscape pesticides on campus grounds.

The Board upheld the issuance of the licence and its public land endorsement. The Board found that Mr. Lee failed to provide any evidence to show that UVic’s application of pesticides, under the licence, would cause an adverse effect on human health or the environment at UVic. In particular, the Board found that there was no evidence to challenge the long-term safety of the registered pesticides listed in condition 4 of the endorsement letter, nor was there any evidence illustrating that UVic would be unable to apply these pesticides at the campus in a safe manner or that they would not comply with the terms of the licence.

The appeal was dismissed.