Decision Date: April 27, 1994

Panel: Harry D.C. Hunter, Dr. Elizabeth Keay, Laurie Nowakowski

In the matter of appeal under s15 of the Pesticide Control Act, RS Chap. 322, 1979, on Pesticide Use Permit 214-026-94, issued by the Deputy Administrator, Pesticide Control Act, to the Canada Minister of Agriculture. Agriculture Canada sprayed an area of about 80 hectares with Foray 48B in 1993, but soon afterwards found gypsy moths in the same area. It concluded that further spraying was required and obtained a new pesticide use permit. Thirty-three local residents objected to the spraying and appealed.

Many of the appellants reported health problems associated with the previous spraying. However, there was no convincing evidence to show that these problems were a result of the spraying and the Board found that the pesticide was generally safe, both to humans and to most animals, when used according to its label. The appellants offered to organise volunteers to help with non-pesticide gypsy moth control and presented a list of as many as two hundred people who were willing to help. However, the Board did not feel that this would be sufficient, and held that the serious economic consequences of a gypsy moth infestation justified an aerial spraying programme in the area.

Although the Board did not find a connection between the spraying and any negative effects, it modified the permit to ensure that the public was well informed of the spraying and to monitor the extent and duration of drift of the pesticide. The appeals were dismissed.