• Resident Advisory Board, et al v. Deputy Administrator, Pesticide Control Act

    Decision Date:
    1998-04-03
    File Numbers:
    Decision Numbers:
    98-PES-03(a)
    Third Party:
    Canadian Food Inspection Agency, Permit Holder
    Disposition:
    BOARD ORDERS INTERIM STAY AGAINST PESTICIDE TILL APRIL

    Summary

    Decision Date: April 3, 1998

    Panel: Toby Vigod

    Keywords: stay; Foray 48 B; European gypsy moth.

    This is an application by the Resident Advisory Board, and other groups, for a stay pending a decision on the appeal of a Pesticide Use Permit issued by the Deputy Administrator to the Canadian Food Inspection Agency authorizing the aerial application of Foray 48 B, a bacteriological pesticide, over parts of Langford, Colwood, Esquimalt, and Saanich for the purpose of eradicating introduced populations of the European gypsy moth.

    The Board applied the irreparable harm/balance of convenience test to the application. The Board concluded that the balance of convenience favored the issuance of an interim stay against the Pesticide Use Permit until 12:00 noon on April 15, 1998. The reasons for granting the stay were delivered orally on April 3, 1998.