• East Kootenay Environmental Society v. Administrator, Pesticide Control Act

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Evans Products Company Limited, Permit Holder


    Decision Date: October 9, 1990

    Panel: Linda Michaluk, Dr. John Smith, Robert Holtby

    The Appellant society appealed the issuance of a pesticide use permit to Evans for application of the herbicide Vision to crown land in the Golden Timber Supply area. The appellant objected to the aerial spraying of the herbicide since it would impact non-target species of plants and affect wildlife. The respondent stated that it had statutory obligation under the Forest Act to do silviculture and aerial spraying was the best means for the areas involved due to the steepness of the slope where the seedlings were planted.

    The Board held that it could not challenge the safeness of the herbicide since it has been declared safe by the Federal Ministry of Agriculture. The Board however can determine if there will be any adverse effects in cases of particular application which is not limited to an “anthropocentric” context. The Board upheld the permit but put two conditions on it which would reduce the impact on foraging wildlife.