Keywords: Pesticide Control Act – ss. 6, 7, 9, 12; Vision; Canadian Earthcare Society v. EAB (BCCA); powers of EAB on appeals
The Tsawataineuk First Nation appealed a Pesticide Use Permit (the Permit) issued to International Forest Products Ltd. (Interfor) on the grounds that the authorized spraying of pesticides in the Kingcome Valley under the Permit would have harmful side effects.
The Board held that its jurisdiction is limited to ensuring that pesticides are used in accordance with the provincial legislation and regulations and label restrictions governing their handling and application. The key requirement being that the pesticide application will not cause an unreasonable adverse effect. The Board found no evidence that the use of the pesticide in the manner set out it the Permit would contravene any of these requirements. However, the Board noted the possibility of incidental food gathering in the Permit Area and accordingly amended the permit to give adequate warning to potential food or medicine plant gatherers in the Permit Area. The Board further amended the Permit to provide that the application of spray is supervised by a fully qualified person independent from the Applicant or spraying contractor. The Board also amended the Permit to require Interfor to first complete its spraying of areas earlier identified as urgently requiring attention before treating any other areas. The appeal was dismissed.