Appeal dismissed following appellant's withdrawal and completion of ordered bore hole decommissioning work.
The appellant appealed an order requiring the decommissioning of a bore hole that was discharging a contaminant.
After completing the required decommissioning work to the satisfaction of the Ministry, the appellant sought to withdraw the appeal.
The Tribunal dismissed the appeal pursuant to Rule 199 of its Rules of Practice.
Motion for a stay of proceedings or adjournment of the hearing dismissed.
The added parties brought a motion for a stay of the proceedings or an adjournment of the hearing regarding the refusal of a Renewable Energy Approval for two wind turbines.
The Environmental Review Tribunal dismissed the motion, with reasons to follow.
Motion for direction to hear evidence on unapproved wind turbines denied as premature.
The Approval Holder brought a motion for direction in an appeal of a Renewable Energy Approval for a wind turbine project.
The Director had approved 27 of the 29 proposed turbines.
The Approval Holder sought a direction that the parties submit evidence regarding the potential impacts of the full 29-turbine project, arguing it would be more efficient if they succeeded in a separate appeal to reinstate the two refused turbines.
The Tribunal denied the motion, finding that its jurisdiction is limited to reviewing the Director's decision as issued, and declined to make advance rulings on the relevance of specific evidence.
Tribunal grants participant and presenter status but denies party status in wind project appeal.
The Tribunal held a preliminary hearing to address procedural matters and requests for status in appeals of a Renewable Energy Approval for a wind turbine project.
The Tribunal dismissed one appeal on consent.
It granted participant and presenter status to several individuals and a local business, limiting their presentations to issues within the Tribunal's jurisdiction.
The Tribunal denied requests for party status from a municipality and two individuals, finding it unnecessary at this stage for procedural purposes, but allowed them to renew their requests if circumstances change.
Tribunal grants party and presenter status to several entities but denies party status to APPEC.
At a preliminary hearing regarding an appeal of a Renewable Energy Approval for a wind turbine project, several entities requested party or presenter status.
The Environmental Review Tribunal granted party status to the Municipality of Prince Edward County and two individuals with cultural heritage expertise, finding they had a genuine interest and would make relevant contributions.
The Tribunal denied party status to the Alliance to Protect Prince Edward County, as its interest was purely procedural and could be accommodated without formal party status.
The Architectural Conservancy of Ontario was granted presenter status.
The Tribunal also set the procedural schedule for the hearing.
Appeals of environmental orders dismissed following settlement and completion of required remediation work.
The appellants appealed a Director's Order and its amendments requiring work at a mine site.
North American Palladium Ltd. was granted party status.
The parties subsequently reached a settlement whereby the Director agreed to revoke the orders, as the required work had been completed, and the appellants agreed to abandon their appeals.
The Tribunal found the settlement consistent with the legislation and in the public interest, and dismissed the proceeding.
Tribunal grants participant and presenter status and sets procedural schedule for wind farm appeal.
In a preliminary hearing for an appeal of a Renewable Energy Approval for a wind facility, the Environmental Review Tribunal considered requests for participant and presenter status.
The Tribunal granted participant status to the City of Kawartha Lakes, Save the Oak Ridges Moraine Coalition, and a local resident, and presenter status to two other individuals.
The Tribunal also confirmed the procedural schedule leading up to the main hearing.
Appeal of wind farm renewable energy approval dismissed as appellant failed to prove serious harm to health or environment.
The appellant appealed the Director's decision to issue a Renewable Energy Approval for a 9-turbine wind facility on the Oak Ridges Moraine.
The appellant argued the project would cause serious harm to human health due to noise, shadow flicker, and safety risks, and serious and irreversible harm to the natural environment, including groundwater and bird species at risk.
The Tribunal found the appellant failed to meet its onus of proving the statutory tests under the Environmental Protection Act, relying on the expert evidence provided by the approval holder.
The appeal was dismissed and the Director's decision confirmed.
Tribunal grants participant and presenter status to municipality, coalition, and individuals in wind farm appeal.
The Environmental Review Tribunal held a preliminary hearing regarding an appeal of a Renewable Energy Approval for a wind facility.
The Tribunal considered requests for participant and presenter status from the City of Kawartha Lakes, Save the Oak Ridges Moraine Coalition, and two individuals.
The Tribunal granted the requests subject to general conditions, finding that the applicants had a genuine interest and would make a relevant contribution to the proceeding.
The Tribunal also confirmed procedural directions and the hearing schedule.
Tribunal orders full disclosure of Species At Risk Report but marks it confidential to protect species.
The appellant in a renewable energy approval appeal brought a motion seeking disclosure of the complete Species At Risk Report submitted by the approval holder to the Ministry of Natural Resources and Forestry.
The approval holder had only disclosed redacted portions it deemed relevant to the appellant's proposed expert evidence.
The Environmental Review Tribunal ordered the disclosure of the report in its entirety, finding it potentially relevant to the appeal.
However, to protect species at risk, the Tribunal ordered that the report be marked confidential and its disclosure limited to the parties' counsel and expert witnesses.
Participant status and adjournment granted at preliminary hearing for bore hole decommissioning appeal.
At a preliminary hearing regarding an appeal of a Director's order to decommission a bore hole, the Environmental Review Tribunal considered requests for participant status and an adjournment.
The Tribunal granted participant status to the resident of the property where the bore hole was located, finding she had a genuine interest and could make a relevant contribution.
The Tribunal also granted an adjournment of the preliminary hearing on consent of the parties, as the appellant was actively implementing the required work under the Ministry's supervision, which might render a full hearing unnecessary.
Appeal of provincial officer's order dismissed for lack of jurisdiction as no Director's order was issued.
The appellant sought to appeal a provincial officer's order requiring the decommissioning of a bore hole that was leaking natural gas.
The appellant failed to request a review of the order by the Director within the required seven-day period, and the Director subsequently refused a late request for review.
The Environmental Review Tribunal dismissed the appeal without a hearing, finding that its jurisdiction under the Environmental Protection Act is limited to appeals of Director's orders.
Since no Director's order was issued and the Tribunal lacks jurisdiction to extend the time for requesting a Director's review, the appeal was dismissed.
Appeals of a Director's Order regarding bore hole decommissioning dismissed following successful remediation and withdrawal.
The appellants appealed a Director's Order confirming a Provincial Officer's Order requiring the decommissioning of a bore hole that was leaking natural gas.
After the bore hole was successfully decommissioned to the satisfaction of the Ministry, the appellants proposed to withdraw their appeals.
The Tribunal accepted the withdrawals and dismissed the appeals in accordance with Rule 199 of the Tribunal's Rules of Practice.
Tribunal accepts withdrawal of municipality's wind farm appeal and grants participant status to environmental coalition.
The appellants appealed the Director's decision to issue a Renewable Energy Approval for a wind facility.
One appellant subsequently proposed to withdraw its appeal with the consent of all parties.
The Environmental Review Tribunal accepted the withdrawal and dismissed that appeal.
The Tribunal also granted participant status to an environmental coalition in the remaining appeal and issued procedural directions for the hearing.