• Kwicksutaineuk ahkwa’mis Tribe; Gwawaenuk Tribe; Tsawataineuk Tribe; Musgamagw Tsawataineuk Tribal Council; Blackfish Lodge; Nakia Lodge; Echo Bay Resort; Mainland Enhancement Society; Broughton Archipelago Stewardship Alliance; Raincoast Research v. Deputy Administrator, Pesticide Control Act

    Decision Date:
    2001-09-21
    File Numbers:
    Decision Numbers:
    2001-PES-009(a)
    Third Party:
    International Forest Products Ltd., Permit Holder
    Disposition:
    APPLICATION FOR INTERIM STAY IS DENIED

    Summary

    Decision Date: September 21, 2001

    Panel: Alan Andison

    Keywords: interim stay application; pesticide use permit, glyphosate

    Some of the Appellants (the “Applicants”) applied for an interim stay of a Pesticide Use Permit issued to International Forest Products Ltd. (“Interfor”). The Applicants applied for an interim stay after learning that treatments under the Permit would be completed prior to the deadline for submissions on the stay application.

    The Board found that irreparable harm would not result to the environment under the current spraying program. In addition, the Board found that Interfor had expended substantial financial resources to put the program in place, which would be lost if an interim stay was granted at such a late date. This financial loss outweighed any potential limited risk to the environment that had been put forward by the Applicants. Accordingly, the application for an interim stay was denied.