Decision Date: October 12, 1989

Panel: J.O. Moore

The appellant appealed a pesticide use permit issued to the respondent to apply atrazine and simazine to highway right of ways in the Revelstoke Highways District. The appellant challenged the validity of the pesticide approval process stating that Agriculture Canada did not have sufficient evidence that the pesticides were safe and that Agriculture Canada was currently re-evaluating the pesticides.

The Board upheld the permit finding that the permit provides for pesticide-free zones which will ensure the safety of nearby water sources. It accepted the evidence of the respondent that pesticide application is the only method to ensure eradication of the roots of the roadside vegetation which cause pavement fragmentation. In addressing the appellants’ concerns about the permitting process, the Board directed the appellant to file her documentation and concerns with the Product Management Division in Agriculture Canada since they were beyond the jurisdiction of the Board to consider.