While there was no express authority under Pest Control Products Act to implement transition period

Environmental Law – Statutory protection of environment – Approvals, licences and orders

Applicants were non-governmental organizations that engage in environmental advocacy. Pest Management Regulatory Agency (PMRA) issued decision amending registrations for pest-control product, and provided 24-month transition period for implementation of risk mitigation measures required by amendments. Applicants sought judicial review seeking order that PMRA lacked jurisdiction to provide transition period in decision, declaring that PMRA's practice of providing transition period in connection with amendments was ultra vires Pest Control Products Act, and quashing transition period in decision. Application dismissed. Standard of review was reasonableness. PMRA interpreted its mandate as having authority to phase-in new conditions of registration provided that risks were acceptable during transition, and this did not conflict with purpose of Act. While there was no express authority under Act to implement transition period, PMRA's interpretation of its authority was reasonable.

David Suzuki Foundation v. Canada (Health) (2019), 2019 CarswellNat 8104, 2019 CarswellNat 8604, 2019 FC 1637, 2019 CF 1637, Richard F. Southcott J. (F.C.).

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