Appeal of preventive measures order dismissed; actual adverse effect not required to order stormwater containment.
The Appellants appealed a Director's Order requiring them to take preventive measures regarding the off-site discharge of contaminated stormwater from a brownfield property.
The Appellants argued that the Director lacked jurisdiction because there was no evidence of an actual adverse effect or actual impairment of water quality.
The Tribunal dismissed the appeal, finding that the Environmental Protection Act and the Ontario Water Resources Act permit preventive measures orders where there is a potential for adverse effects or impairment.
The Tribunal found the site to be highly contaminated, with stormwater exceeding aquatic life guideline values for contaminants like hexavalent chromium by several orders of magnitude, and confirmed the Director's Order in its entirety.
OLTOntario Land TribunalMay 8, 2026
