• Canadian Earthcare Society v. Administrator, Pesticide Control Act

    Decision Date:
    1990-07-17
    File Numbers:
    Decision Numbers:
    89/46
    Third Party:
    Boultree Pest Control Ltd., Permit Holder
    Disposition:
    PERMIT UPHELD, STAY ON PERMIT IS LIFTED, APPEAL DISMISSED

    Summary

    Decision Date: July 17, 1990

    Panel: H.D.C. Hunter, Dr. J. Smith

    The appellant appealed pesticide use permit issued to the respondent to apply various pesticides for weed control in the city of Kelowna. The appellant’s grounds for appeal were on two main issues: firstly that the permitting process is invalid; and secondly that the application will have an unreasonable adverse effect on the environment.

    The Board dismissed the appeal finding no unreasonable adverse effect. The Board modified the permit to allow for a pesticide free zone around the catchbasins. On the appellant’s objection to the respondent using tank mixes the Board did not make a ruling. It decided it did not have enough evidence of how the mixing of the pesticides was occurring but it expected the applicator to follow the laws and regulations governing any such mixing.