• Thompson Watershed Coalition; Canadian Union of Public Employees, Local 3500; Canadian Earthcare Society; Peter and Jean Jensen; Lee Melnychuk v. Administrator, Pesticide Control Act

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Canadian National Railway Company, Permit Holder


    Decision Date: March 16, 1990

    Panel: Dr. William Godolphin, Andrew J. Lynch, Dr. John Smith

    The appellants appealed pesticide permits issued to the respondent on the grounds that the permits will result in an adverse effect to humans and animals by food and water contamination. The appellants claimed that the pesticides will drift and leach into water sources and cause damage to natural vegetation. The permits in question were for controlling weeds along the tracks on the B.C.-Alberta border.

    The Board did not find any evidence that a safe application of the herbicide at the specific sites in questions would result in an unreasonable adverse effect on humans and wildlife. The permitting process was found to be correct and there was no evidence that the proposed herbicide use was contrary to registration intent and restrictions nor that the permit holder was unlikely to apply it safely.