This Web page has been archived on the Web.
1999 Report of the Commissioner of the Environment and Sustainable Development
Exhibit 3.5—The Case of Acrolein: Which Is the Federal Position?
This case study illustrates the inability of Fisheries and Oceans and the Pest Management Regulatory Agency to resolve their differences and come to a united federal position on the application of a herbicide.Acrolein is the active ingredient in an aquatic herbicide applied to irrigation canals for weed control in Saskatchewan and Alberta. It is considered an effective method to control weeds without disrupting water delivery to farmers. It was registered under the Pest Control Products Act in 1971.
In 1994, the Alberta Environmental Protection department asked the federal Department of Fisheries and Oceans for information on the impact of acrolein on fish and fish habitat, which it needed to reissue permits under provincial law. Its concern was due to fish kills that had been observed in irrigation canals after deposition of acrolein, many miles from where it had been applied .
Following investigation of the effects of this herbicide on fish and fish habitat, Fisheries and Oceans took the position in 1996 that it did not support the use of acrolein for aquatic weed control. Its position was based on the fish kills that had been observed as a result of using the product at the recommended rates. As a result, use of acrolein in irrigation canals would be placing a deleterious substance in waters frequented by fish and, therefore, would be in contravention of the Fisheries Act . Fisheries and Oceans considers irrigation canals to be covered by the Fisheries Act because they are used as a recreational fishery in southern Alberta and Saskatchewan.. The Pest Management Regulatory Agency (PMRA) took the position that irrigation canals are not fisheries under the Fisheries Act and, therefore, the use of acrolein was not a violation of the Fisheries Act.
Despite attempts to resolve their differing positions, Fisheries and Oceans and the PMRA were unable to come to an agreement. The difference between the positions of the two departments caused confusion for the Province. In 1997, Alberta Environmental Protection sought a unified federal response and clear direction on the use of the product.
In 1998, the PMRA and Fisheries and Oceans responded individually, each reiterating its previous position. The issue remains unresolved, and the use of acrolein continues.