Leave to appeal Permit To Take Water denied; applicant failed to prove unreasonableness or environmental harm.
The Niagara Water Protection Alliance sought leave to appeal a Permit To Take Water issued to Port Colborne Quarries Inc. for pit and quarry dewatering.
The applicant argued the permit should be limited to five years and raised concerns about aquifer drawdown and downstream water quality.
The Ontario Land Tribunal denied leave to appeal, finding the applicant failed to meet the evidentiary burden under section 41 of the Environmental Bill of Rights to show the permit was unreasonable or likely to result in significant environmental harm.
Niagara Water Protection Alliance v. Ontario (Environment, Conservation and Parks), 2022 CanLII 34919