Panel: Alan Andison, David Ormerod, Lorraine Shore
Keywords:Pesticide Control Act– ss. 1 definition of “adverse effect,” 6(3)(a), 6(3)(b), 12(2)(a); Pesticide Control Act Regulation– ss. 2(1); Environmental Appeal Board Procedure Regulation– s.6; Canadian Earthcare Society v. Environmental Appeal Board (1988), 3 C.E.L.R. (N.S.) 55; Islands Protection Society v. British Columbia Environmental Appeal Board (1988), 3 C.E.L.R. (N.S.) 185 (B.C.S.C.); pest management plan; insufficient evidence; oral decision.
The Cowichan Valley Regional District (the “CVRD”), Lou Fasullo (on behalf of Shawnigan Water.org.) and Daniel Rubin (on behalf of BC Pathways) appealed the decision of the Deputy Administrator to approve a Pest Management Plan (the “PMP”) issued to TimberWest. The PMP authorises TimberWest to use herbicides to manage vegetation that is competing with crop trees.
The Board found that the CVRD, Mr. Fasullo and Mr. Rubin failed to produce sufficient evidence showing that the use of herbicides in the manner outlined in the PMP would cause an adverse effect on the environment or human health. The Appellants demonstrated a general concern surrounding the use of herbicides within the watersheds of various South Island communities but the information provided was not specific to the site and to the terms of the PMP. Consequently, the Panel did not undertake a risk-benefit analysis to ascertain whether any adverse effect is “unreasonable.”