Leave to appeal Permit to Take Water denied; applicant failed to show unreasonableness or significant environmental harm.
Citizens Against Melrose Quarry (CAMQ) sought leave to appeal the Director's decision to issue a Permit to Take Water to C.H. Demill Holdings Inc. for quarry dewatering.
CAMQ challenged Condition 3.5 of the permit, which regulated water taking during low-water advisories, arguing it was unreasonable and could cause significant environmental harm.
The Ontario Land Tribunal found that while CAMQ had standing to seek leave, it failed to meet the two-part test for leave to appeal under section 41 of the Environmental Bill of Rights.
The Tribunal concluded that the Director acted reasonably, considered relevant policies including the ecosystem approach and cumulative effects, and that there was no evidence the permit would result in significant environmental harm.
The application for leave to appeal was dismissed.
Citizens Against Melrose Quarry v. Ontario (Environment, Conservation and Parks), 2021 CanLII 134155