• Vancouver Appellant Group v. Administrator, Pesticide Control Act

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Canada Minister of Agriculture, Permit Holder


    Decision Date: April 11, 1994

    Panel: Linda Michaluk, Christine Mayall, Laurie Nowakowski

    After an unsuccessful attempt to eradicate gypsy moths without the use of pesticides, Agriculture Canada applied for a Pesticide Use Permit for Foray 48B. Because the pesticide was registered federally, the Board was unable to consider its safety. However, there is no evidence of an impact from the pesticide on humans, soil flora and fauna, most invertebrates, small mammals or the natural enemies of economically important pests.

    Although academic opinion is split over whether the gypsy moth poses a threat in B.C., it was held that an eradication programme is desirable for economic and other reasons. The Board was concerned that there is no requirement that inert ingredients in Foray 48B, or other pesticides, be disclosed. However, there were sources of information for anyone concerned about suffering potential effects from the pesticide. The Board rejected an argument that the pesticide was not intended to be applied to urban areas.

    At the request of the Minister of Agriculture, the Board amended the permit, restricting it to ground application over a smaller area. The appeal was dismissed.