Decision Date: November 18, 1994

Panel: Christine Mayall, Harry Higgins, Dr. Elizabeth Keay

The Thompson-Nicola Regional District obtained a Pesticide Use Permit authorising the use of two pesticides on Crown lands and public rights of way throughout the District. The Shuswap-Thompson Organic Producers Association appealed.

The Board would not examine the toxicity of a contaminant in one of the pesticides, as the pesticide was federally registered and therefore beyond its jurisdiction. The Association was concerned that a permit covering such a large area removed any need for site specific application. However, individual sites had been assessed by the District, even though the permit covered a larger area. The District had notified the public of when they intended to spray, but had treated these times as guidelines only. The Board found that spraying at unposted times was a violation of the permit, and amended it to clarify the need for notification.

There were also contradictions between statements from federal government sources on the use of one of the pesticides, and evidence that it should not be applied to certain types of soils. To address these concerns the Board amended the permit to require that precautions be taken against soil and water contamination. The District requested that the Board award costs against the Association because the action was frivolous. The Board refused. The Association had attempted to avoid the appeal and had spent considerable effort in preparing for it. Subject to the amendments to the permit, the appeal was dismissed.