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Tribunal revokes environmental clean-up cost order against four appellants on consent of the municipality.
The Regional Municipality of Niagara issued an order under s. 100.1(1) of the Environmental Protection Act against several persons to recover costs incurred for cleaning up a spill.
Several named persons appealed the order.
The Region subsequently advised the Tribunal that it intended to revoke the order against four of the appellants, as they did not have ownership or control of the pollutants.
The Tribunal found the proposed revocation to be consistent with the purpose of the Act and in the public interest, revoked the order against those four appellants, and dismissed their appeals.
Town of Fort Erie granted party status in appeal of environmental clean-up cost recovery order.
The Regional Municipality of Niagara issued an order under s. 100.1 of the Environmental Protection Act to recover clean-up costs related to a spill.
Several named persons appealed the order and filed a Notice of Allegation against other parties, including the Town of Fort Erie.
The Town of Fort Erie requested party status in the proceeding.
The Tribunal granted the Town party status, finding its interests may be directly and substantially affected by the outcome of the appeal.
The Tribunal also set a schedule for motions and the main hearing.
Out-of-course contaminant discharges with potential adverse effects must be reported immediately.
The appellant challenged a conviction for failing to report a blasting incident that propelled fly-rock into the air and damaged nearby property.
The Court held that the reporting duty under the Environmental Protection Act is triggered where a contaminant is discharged out of the normal course of events and there is or may be an adverse effect, without requiring proof of actual impairment to the natural environment.
It emphasized the statute’s broad remedial purpose and confirmed that each branch of the adverse-effect definition independently engages the duty to notify the regulator.
On the facts, the discharge caused significant property damage and potential serious harm, requiring immediate reporting.
The appeal was dismissed.
Sentence appeal dismissed; probation condition restricting environmental work upheld as rehabilitative and preventative.
The appellant was sentenced for a breach of the Environmental Protection Act and received fines and probation.
The probation order included a condition restricting his ability to work in the environmental business.
The appellant appealed, arguing the condition was purely punitive.
The Court of Appeal dismissed the appeal, finding the condition was appropriate under the Provincial Offences Act to prevent similar unlawful conduct and contribute to rehabilitation, given the appellant's lack of remorse and failure to appreciate the seriousness of his non-disclosure of data regarding PCB contamination.
The probation end date was amended to account for stays pending appeal.
