Decision Date: July 4, 1990

Panel: M. Ryan, H.D.C. Hunter, Dr. M.R. Smart

The appellants appealed pesticide use permits issued to the respondent to apply pesticides to their right of ways from the Alberta border to Prince Rupert. The appellant’s argued that the areas the right of ways pass through are very environmentally-sensitive and important for the commercial salmon fishery. Their concern was that the use of pesticides will diminish the fish stocks, wildlife, and berries, and contaminate the drinking water affecting the health of people living along the right of ways.

The Board found the vegetation control program was necessary for track stability, for fire hazard prevention, and for safety. It found the appellants produced no evidence to establish there would be adverse effects on the environment, fish, wildlife, or humans. It further found that no evidence had been brought forward invalidating the federal registration process. It therefore concluded that the permits would not cause an unreasonable adverse effect on the environment.