The Deputy Administrator issued a permit to International Forest Products Ltd. (Interfor) to apply the Herbicide Vision in the Kingcome Inlet area of B.C. The Tswataineuk First Nation appealed the permit and requested that a stay be granted against the permit. Interfor voluntarily offered to stay the pesticide application pending a negotiated settlement with the Appellant. Such a settlement was not possible and Interfor withdrew their voluntary stay. The Appellant objected and requested that the Board reconsider the stay request.
The Board refused to grant the stay request. It found that the balance of convenience favoured Interfor since they have an obligation to carry out a silviculture program under the Forest Act and would suffer substantial economic loss. The Board found that the Appellant did not offer evidence of any negative impact the spray program would have on their traditional activities.
