Decision Date: August 14, 1995

Panel: David Perry, Dr. Elizabeth Keay, Laurie Nowakowski

The Ministry of Forest applied to the Deputy Administrator for a series of Pesticide Use Permits for the application of herbicides on forest lands. The permits were granted.

The Appellants objected to the permits on a number of grounds including: “health effect, effects on the environment, failure to consult with First Nations, failure to consider alternative methods, and habitat effects.” The Board found that most of these concerns were either outside its jurisdiction or were adequately addressed. However, it did agree that concerns about wildlife and habitat were not adequately reflected in the permits.

The Appellants further objected to the procedure used to issue the permits on two grounds. They felt that the role of one government advisor created a perceived and actual conflict of interest, since he was involved both in the application process on behalf of the Ministry of Forests and in advising the Deputy Administrator on whether to accept the applications. Secondly, they submitted that the decision to issue the permits was made without complete information. The Board agreed with both of these submissions. It then considered the appropriate remedy, rejecting the possibilities of revoking the permits altogether (which would force the Ministry of Forests to begin the process from scratch), and of returning the matter to the Deputy Administrator (who, it was felt, might have prejudged the matter). The Board decided to consider and issue the appropriate permits itself.