• The Canadian Earthcare Society v. Administrator, Pesticide Control Act

    Decision Date:
    File Numbers:
    Decision Numbers:
    89/14 PES
    Third Party:
    Canadian National Railway, Permit Holder


    Decision Date: October 17, 1989

    Panel: F.A. Hillier

    The appellants appealed a pesticide use permit authorizing the respondent to spray pesticide along their right of way through-out the province. The appellant’s grounds were that their had been insufficient notice provided to affected residents in the Kelowna area and other affected areas. The appellant also argued that the notice given in the Kelowna Daily News did not contain a right to appeal the permits. The appellant further maintained that the Administrator of Pesticides erred in not cancelling the permits for advertising infractions.

    The Board upheld the permits finding the claims of the appellant without foundation. The respondent had properly published the permit in the Province newspaper which was shown to have local circulation in all the areas affected by the permit. The respondent more than fulfilled the notice requirements of the Act by publishing in three daily newspapers. It held further that section 13 of the Pesticide Control Act is discretionary in that the Administrator may cancel the permit. It found the Administrator investigated the matter of proper notice and found that they were adequately complied with. The Board further found that it is not required that the newspaper notices provide a right of appeal, since this is provided for in the permits themselves.