Decision Date: November 10, 1993

Panel: Harry D.C. Hunter, Harry Higgins

The Ministry of Transportation and Highways (MOTH) obtained a Pesticide Use Permit which allowed them to use two pesticides along highway verges. Before the permit was granted, a local environmental group, the Thompson Watershed Coalition, wrote to the Environmental Appeal Board objecting to the permit and expressing an intention to appeal. A copy was also sent to the Pesticide Management Branch, but the Deputy Administrator did not consider this letter in his decision to issue the permit.

The Board decided that the Deputy Administrator did not have to consider the letter, since it did not contain “information about the site.” Furthermore, the Board found that the Pesticide Control Branch made no error in issuing a permit to MOTH. However, the Board did find that MOTH was using the chemicals incorrectly (or reporting their use inaccurately), that the areas outlined in the permit were unrealistic, and that the label requirements of one of the pesticides had not been complied with. On these grounds the Board allowed the appeal, and made several recommendations concerning the issuance of permits for use on highway right-of-ways.