Keywords: Pesticide Control Act – s. 15(5); Pesticide Use Permit; glyphosate; Vision; brushing and weeding; irreparable harm/balance of convenience
This is an application by Mr. Ward for a stay pending a decision on the appeal of a Pesticide Use Permit issued by the Deputy Administrator to Hauer Bros. authorizing herbicide spraying on two Robson Forest District sites. The Deputy Administrator did not provide any submissions on this application to the Board.
The Board applied the irreparable harm/balance of convenience test to the application. It accepted Hauer Bros. evidence that target vegetation would be stunted, not killed by the application of the pesticide. The Board found that a stay would prevent the company from meeting its statutory obligations under the Forest Act by allowing overshadowing to kill conifers and by causing planting delays. The Board found the irreparable harm to the company outweighed limited evidence of harm to the environment. The Board denied the application for a stay.
