Q: We operate a small cattle operation in Surrey, B.C. A few years ago,
a neighbouring operation started growing cranberries. One day we
noticed the operators on the field wearing protective suits and masks.
We learned that they were applying a chemical spray, Parathion 60,
through their irrigation system. We also learned that the spray is not
recommended by the B.C. Cranberry Association. After the application we
could smell the spray and all family members had some discomfort. We
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have spoken with our department of agriculture and various other
government agencies. We are concerned about our health and the
well-being of our herd. What can we do to ensure that this will never
happen again?
A: Pesticide use is controlled by federal and provincial legislation
and in some cases municipal bylaws. Under the federal Pest Control
Products Act, pesticides must be approved before they can be used in
Canada. More information can be obtained by contacting Health Canada’s
Pest Management Regulatory Agency
(www.hc-sc.gc.ca/pmra-arla/english/aboutpmra/
index-e.html).
For the most part, the application of pesticides is governed by
provincial laws, which vary. Generally, there are fewer regulatory
controls on the Prairies than British Columbia or Ontario. The common
law made by courts provides remedies for people who have suffered
damages as a result of negligent use of pesticides.
In some provinces municipalities have also legislated pesticide use.
While municipal powers vary depending on the provincial legislation
creating them, in a landmark ruling last year the Supreme Court of
Canada upheld the right of an urban Quebec municipality to ban
pesticides.
B.C.’s Pesticide Control Act and regulations set out the requirements
for use of pesticides. Whether a use permit or applicator certificate
is required depends upon the classification of the pesticide. The
regulations provide that no person shall “use a commercial pesticide
… containing a restricted-use provision … unless he is an
applicator.” Restricted pesticides can only be sold to people
possessing applicator certificates. Certain educational requirements
must be met to obtain a certificate.
The crop production guide available from the agriculture department
should be consulted to determine the require-ments for use of any
particular pesticide. Parathion is a restricted pesticide and I am told
it is being reviewed. Besides the Pesticide Control Act, there is
environmental and workers compensation legislation dealing with
pesticide use. Full details can be obtained by contacting the local
office of the Ministry of Water, Land and Air Protection.
B.C. legislation can be viewed at www.gov.bc.ca.
Under common law, pesticide drift is grounds for a claim of nuisance.
Nuisance is interference with one’s ability to use and enjoy his land.
Any nuisance suit is subject to “right to farm legislation,” which
protects farmers using normal farming methods from such claims. You
mention the spray used is not recommended by the growers association.
If so, this may be grounds for arguing that use of this spray is not a
normal farm practice.
As an alternative to court, B.C. has established a Farm Practices
Board. The board mediates disputes and handles formal complaints to
determine whether “any odour, noise, dust or other disturbance” is a
normal farm practice. If a complaint can’t be resolved informally, it
will hold a hearing. If the board finds the complaint has merit, it can
order the farmer to cease the practice or modify the operation. The
Farm Practices Board can be reached at 250-356-8945 or at
www.agf.gov.bc.ca/ministry/fpb.htm.
Four formal complaints were filed in the 2000-01 fiscal year, though
the board dealt with many matters on an informal basis. There are
similar boards in some other provinces. In Saskatchewan you can’t sue
for nuisance unless you first complain to the Agricultural Operations
Review Board.
