• Cowichan Valley Regional District v. Deputy Administrator, Pesticide Control Act

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Lou Fasullo on behalf of Shawnigan Water.org; TimberWest Forest Corporation, Third Parties


    Decision Date: January 16, 2003

    Panel: Alan Andison

    Keywords: Pesticide Control Act– section 15(8); Pest Management Plan; stay application; precautionary principle.

    The Cowichan Valley Regional District (“CVRD”) and Daniel Rubin (on behalf of BC Pathways) each applied for a stay of the Deputy Administrator’s approval of a Pest Management Plan (“PMP”) issued to TimberWest. The PMP authorises TimberWest to use herbicides to control vegetation competing with crop trees.

    The Board concluded that the Applicants failed to establish that there would be irreparable harm to their interests in human health and the environment if a stay was denied. Furthermore, the Applicants did not demonstrate that any harm to human health or to the environment would be greater, if a stay were denied, than the harm to the interests of TimberWest if a stay were granted.

    The Board denied the two applications for a stay.