The applicant sought judicial review of the Minister's decision not to post an Environmental Compliance Approval (ECA) application for a proposed trailer park's sewage works on the Environmental Registry for public comment.
The Minister relied on s. 32(1)(a) of the Environmental Bill of Rights, which exempts proposals from posting if they are a step towards implementing a project approved by a tribunal after affording an opportunity for public participation.
The Divisional Court applied the reasonableness standard of review and found that the Minister's decision was reasonable, as the prior Ontario Municipal Board hearing regarding the trailer park development provided a sufficient opportunity for public participation concerning the sewage works.
The application for judicial review was dismissed.