Decision Date: July 12, 2007

Panel: Alan Andison

Keywords: Consent order; Integrated Pest Management Act – s. 14; Pesticide User Service Licence; Pesticide Applicator Certificate

Mr. Sullivan appealed the decisions by the senior pesticide management officer to suspend a pesticide user service licence (the “Licence”) and a pesticide applicator certificate (the “Certificate”) on the basis of alleged non-compliant conduct relating to the use, handling and storage of a fumigant.

By consent of the parties, the Board ordered that the Licence be suspended until April 30, 2008, at which time Mr. Sullivan may apply for the re-issuance of the Licence or the issuance of a new licence.  The Board further ordered that Mr. Sullivan provide evidence to the Ministry of Environment that he has successfully completed a specified test and training program. Finally, the Board ordered that the Certificate be suspended until August 15, 2007, at which date it shall be reinstated and endorsed with a number of specified terms.

The appeal was allowed, in part.