Decision Date: July 14, 2004

Panel: Lynne Huestis

Keywords:  Pesticide Control Act – ss. 4, 13, 24; licence to sell; bonding and insurance; suspension and revocation

Jim Fairall appealed the Deputy Administrator’s decision to revoke Mr. Fairall’s pesticide applicator certificate to restrict his right to apply for a new certificate.

The Deputy Administrator revoked the certificate on the basis of his finding that Mr. Fairall had: 1) held himself out as someone with a pest control service licence and liability insurance when he had neither; 2) offered services which required him to have a licence; and, 3) ignored warnings from the Deputy Administrator that he needed both a licence and liability insurance.

The Board found that Mr. Fairall’s advertising did give the impression that he was licenced by the provincial government.  The Board further found that he had offered to apply pesticides on a fee for service basis.

In response to Mr. Fairall’s submission that the revocation had occurred without his being afforded a chance to be heard, the Board found that he had been informed of the reasons for the revocation prior to it occurring and had refused an invitation to meet with staff of the Deputy Administrator to discuss the status of his pesticide applicator certificate.  Therefore, the Board held that there was no breach of procedural fairness by the Deputy Administrator.  The Board also found that the revocation was an appropriate enforcement action.

The appeal was dismissed.