Decision Date: July 22, 2003

Panel: Alan Andison

Keywords: Pesticide Control Act– section 15(8); pest management plan; stay application

The Fort Nelson First Nation (“FNFN”) applied for a stay of the Deputy Administrator’s decision to issue Slocan Forest Products Ltd. (“Slocan”) a pest management plan approval.  The approval was in relation to the use of herbicides for forestry purposes.

The Board concluded that FNFN failed to present sufficient evidence to establish that there would be irreparable harm to their financial interests, their constitutional rights, and their interests in the environment, if a stay was denied.

Further, the Board found that the balance of convenience favoured denying the stay.  Due to the small window of time in which to apply herbicides, the Board found that Slocan might suffer harm to its interests in reforestation if a stay was granted, and this harm outweighed any potential harm to FNFN.

The Board denied the application for a stay