Decision Date: September 12, 2001

Panel: Alan Andison

Keywords: adjournment, Permit Holder, prejudiced

The Appellant Squamish-Lillooet Regional District (“SLRD”) requested an adjournment of the appeal regarding the issuance of a pesticide use permit to BC Rail. SLRD believed that the adjournment was necessary to work on a political resolution of the matter. In particular, the SLRD stated that it did not have the financial or staff resources to continue with the appeal on technical merit, and therefore must pursue alternative measures such as political resolution. The Permit Holder, BC Rail, objected to the adjournment.

The Board found that the SLRD’s request that it be allowed to pursue a political resolution too uncertain to warrant an adjournment. The Board was not satisfied that by allowing the adjournment the SLRD would be in a position to impose a by-law that met its needs by early 2002. It was also unclear whether a municipal government can impose a bylaw that would vacate rights that have been validly granted to a Permit Holder under the Pesticide Control Act. Furthermore, such a bylaw would only provide a partial solution since a bylaw would only apply within the boundaries of the SLRD, and the permit extends beyond those boundaries.

The Board agreed that the Permit Holder would be prejudiced by an adjournment. The Permit Holder advised the Board that it was unable to seek any amendments to the permit nor was it able to have its draft Pest Management Plan for the area considered by the Deputy Administrator until the appeal had been decided. The Board held that the Permit Holder should not be delayed from having such a Plan approved unless there are special circumstances that would justify such a delay. In this case, the Board was not satisfied that such special circumstances existed.

Accordingly, the application for an adjournment was denied.