See Dy a

Ombudsman calls —

for changes in
pesticide approach

The B.C. Office of the Ombudsman released its Report #11 last
month, an examination of pesticide regulation in province that was
prompted by a large volume of comlaints.

* "the Primary thrust of the report concerns the permit-granting
sysem in B.C., not the pesticides themselves because registration of
the chemicals i is a federal jurisdiction. -

The existing system of public involvement in the application of
pesticides on crown lands in B.C. centers around the Environmental
Appeal Board. Permits to usé pesticides on public lands are issued
at the discretion of the Pesticide Control Branch of the Ministry of
Environment; the terms of permits granted are then posted and
advertised in the areas where the chemicals are to be used. Anyone
objecting to the terms of the permit can lodge an appeal within 30
days by notifying the Environmental Appeal Board, who will then
decide if the appeal is.valid. If it is, the EAB can invite written sub-
missions or schedule a public hearing.

After the appeal is heard and a decision handed down, there is no
further avenue of appeal, unless - as the Nisga’a Tribal Council
threatened recently during an EAB hearing in Terrace - the ap-
pellant takes it into the court system. _

In his introduction to the report, Ombudsman Stephen Owen
says of complainants who have contacted his office: ‘“Their frustra-
tion and concern has led to court challenges, adverse publicity, civil
disobedience and widespread mistrust of government pesticide use
decisions, These interfere with natural’ resource planning and
management by government and industry. No one is well served by
the current situation,’’

Owen noted that B.C, is the only province in which anyone can
appeal a pesticide use permit, and .he also stressed that EAB
members labor under an excessive workload, often being deprived
of sufficient time to effectively evaluate each appeal.

The report’s recommendations were as follows:

@ Develop and publish written criteria to clarify the definition of
‘“unreasonable adverse effect”’ with the object of giving the EAB a
consistent guideline for decisions.

@ Public notification of the intent to use pesticides 30 days prior to
issuance of the proposed permit, with a requirement that any public
responses be included with the permit application. The present
system provides for the permit to be issued, after which the only
public involvement is the appeal process.

@ A requirement for full review and evaluation of all relevant data
by Pesticide Control Committee members before permit decisions
are made. Data would include the need for pesticide use, alter-
natives to pesticides, and the history of -persistent- pesticide use in
the area in question.

@ An amendment to the Pesticide Control Act that would require
multi-year permits to be posted at the beginning of each use season;
posting of all permits should include information on the conditions
to which they are subject and information stating the right to ap-
peal, the time period for appeal, and the method and place for lodg-
ing an appeal.

@ The implementation of a formal disclosure policy by which ap-
pellants have access to the same materials as those upon which the
decision to grant the permit are based.

@ The Environmental Appeal Board should provide a member for
prehearing mediation between permitees and appellants to provide

_an alternative to a full board hearing. The service should be provid-

ed under the condition that the member would not sit on the board
at a subsequent hearing.

@ That strict criteria be developed for written submissions in ap-
peals.

@ That oral hearing be established as a general rule for determining
appeals.

e@ The EAB should disclose any material it has obtained in-
dependently to both parties in the appeal, and the board should
have the authority to acknowledge information which is publicly
known, even if that information is not presented as evidence in the
hearing.

@ Future appointments to the EAB should take into account the
specialized work of the agency and the related qualifications re-
quired of board members.

More than 75 percent of the pesticides used annually in B.C. are
applied to privately-held land, mainly for agricultural purposes,
and are not subject to appeal. Of the remaining pesticides, those
used on public land, 66 percent are used in forestry, 11 percent are
used for weed destruction on railway rights-of-way, and the re-
mainder are used on utility rights-of-way, landscape, industrial and
agricultural applications, and urban rodent control.

There are currently 2,563 active pesticide use permits for crown
land in B.C. In 1986 there were 60 appeals lodged against permits,

of which four were upheld.

Terrace Review — Wednesday, April6, 1988 17

CFTK broadcaster Journalist Siaine Gaffney was one of the “witnesses” at
a recent trial held by Grade 9 English students at Thornhill Junior Secon-
dary School to evaluate the effects fo television on people’s lives. Guring

Gaftney's testimony “judge” Carma Clarke takes notes.

Massage therapy
still covered by
B.C. Medical plan

There was some good news in
the recent provincial budget for
one group concerned with health
care costs. The Massage
Therapists Association of B.C.
was pleased that their services
will remain in the Medical Ser-
vices Plan, |
. Patty Munson, a local
Registered Massage Therapist,
was concerned that the govern-
ment, in looking for ways to
save money in the health care
portion of the budget, would

_ drop massage therapy. ‘“‘It

would put us in limbo. Most of
my practice has been through
doctor referrals’? which could

. stop..if the. MSP. coverage was.
‘cut,

Ms. Munson, who practiced

in Thornhill until recently, join- °

ed with the Massage Therapists
Association in expressing con-
cern about this possiblity. Presi-
dent of the Association Peter
Behr said the alarm bells rang
when health minister Peter
Dueck made a public statement
in September referring to the
possibility of removing
naturopathy and massage
therapy from health plan
coverage.

The Association quickly
prepared a brief and presented it
to Dueck, stressing that massage
therapy was not costly. Massage
therapy used Jess than one-tenth
of one per cent, or $3,200,000 of
the total health care budget in
1986/87. The $5 user fee charg-
ed since July 1987 will further
reduce this amount, The average
cost to MSP per patient was
$55.88, compared to average pa-
tient costs of $79.84 for private
practice physiotherapists, $77.97
for chiropractic patients, and
$160 for office visits to or-
thopedic surgeons, the brief
stated.

Behr said he met with the
health minister and with caucus
and MLAs several times since
then, urging the government to
study the cost effectiveness of

Recognition day for injured workers

massage therapy. He gave the
example of a person experienc-
ing severe low back pain.‘‘H the
patient was given a week or so of
bed rest therapy in hospital, the
cost would be $3,000 to $5,000.
However, if we can ease the pain
enough to keep the person out of
hospital, with five or six
massages, the cost is about
$50.”’

‘“‘The government seemed to
see our point. We won, basical-
ly. And with the increased
premium assistance, there will
be more people who won't be re-
quired to pay the $5 user fee for
massage therapy,” he said.

Munson was relieved when she ..

heard the good news. ‘‘]’m very
happy about it,’’ she said,

Thornhill
students
put TV
on trial

Students in Grade 9 English at

Thornhill Junior Secondary
School had the opportunity to
practice their rhetorical skills
Friday in a session of moot
court. On trial? Television

After a unit of study about
television that included an essay,
filmstrips and personal research,
the class put TV on trial to face
two charges: that TV, both
through programming and
through advertising ‘‘pushes”’
drugs; that TV steals thousands
of hours from the lives of all of

us, hours that in most instances -

could be far more © produtively
spent.

Teams of attorneys argued the
cases before a jury of other class
members. Witnesses were called,
questioned and cross-examined.
The trial even included ‘‘expert’’
witnesses Blaine Gaffney of
CFTK TV and Robert Brown of
the Steelhead Society. Both at-
tested to the dangers of in-
discriminate television watching.

Verdict? Television was ac-
quitted of the charge of being a
drug-pusher, but was convincted
of Grand Theft Time.

Most students agreed that it
was a stimulating exercise.
_Thanks from English 9C to
guests and teachers who made
the trials a success.

The Terrace Duplicate Bridge Club meets every Wednesday at 7:15
p.m. ‘at Caledonia Senior Secondary in the cafeteria. Anyone in-
terested In playing please contact Ellen Smith at 635-4096 or May
McFarland at 635-2875. Everyone welcome.

Atiocalion £

"24 4 HOUR CALL

At 11 a.m. on April 28, the
City of Terrace will recognize
labor’s official ‘‘Day of

| Recognition’? for workers kill-

‘ed, injured or disabled on the
job with a one-minute stoppage

- of work to allow employees time

to reflect and consider the im-
portance and need for a safe,
healthy workplace.

In a letter to council, CUPE

Local 2012 president Candice
Kerman said, ““CUPE Local
2012 would like to pay our

respects to the thousands of
fellow workers killed on the job
in the last decade and the
millions who have suffered in-

juries resulting in permanent or
partial disabilities.”

,

“Local 2012 is hopeful that
Council will agree that one

worker killed or injured on the
job is one too many and that by
recognizing this important day
you will be demonstating to the

entire community your concern
for the health and safety of all
workers in our community.’’

Directors — Alf If Defrane: and. Je

STL NG HO te aay.

ve ole gs ee ee ee ert te