Decision Date: April 8, 1999

Panel: Toby Vigod, Dr. Robert Cameron, Helmut Klughammer

Keywords:Pesticide Control Act   – s.6; glyphosate; Roundup

The Canadian Pacific Railway (“CP Rail”) appealed a decision of the Deputy Administrator issuing it a Pesticide Use Permit (the “Permit”) for spraying herbicides on certain railway tracks on Vancouver Island. CP Rail sought an order to have Condition “Z” of the Permit rescinded, and also requested that the Permit be extended. CP Rail argued that Condition “Z”, which restricted glyphosate applications within the municipalities of Parksville and Qualicum Beach to spot treatments made by backpack, stem injection, wick and basal bark, was not justified on either a scientific or technical basis. The appeal was heard together with the City of Parksville, Regional District of Nanaimo, Cowichan Valley Regional District and several individuals’ appeal of the Permit on other grounds [see 98PES-07(c)].

The Panel found that the Deputy Administrator had the discretion to include requirements, restrictions and conditions, as terms of a permit. The Panel found that the restriction for spot treatments over only a small portion of the track, where there had historically been restrictions on treatment, was a reasonable one. The Panel also found that it was reasonable to extend the Permit for the period of the stay that preceded this appeal.

The appeal regarding Condition “Z” was dismissed. The Permit was referred back to the Deputy Administrator to vary and amend it to reflect the changes resulting from the concurrent appeal [98PES-07(c)].