Keywords: Pesticide Control Act– ss. 1 – definition of “adverse effects”, 6(3), 12(2); utility pole preservation; fettering; no evidence
The Sunshine Coast Regional District (“SCRD”) appealed the decision of the Deputy Administrator, Pesticide Control Act (the “Deputy Administrator”) to issue a pesticide use permit to the British Columbia Power and Hydro Authority. The permit authorizes the use of various pesticides for utility pole preservation.
The SCRD argued that the use of pesticides would cause an unreasonable adverse effect on human health or the environment. The SCRD also argued that the Deputy Administrator uses inequitable and inconsistent standards for the application of pesticides in community watersheds. The SCRD stated, however, that it had no evidence to support its appeal.
The Board found that the SCRD failed to show that the use of pesticides in accordance with the Permit would cause an adverse effect on the environment or human health.
The Board also found that the Deputy Administrator considered the application on its merits and did not fetter his discretion.