The appellant appealed a decision finding no conflict between a municipal property maintenance by-law and the waste exemption for demolition materials under s. 2(3)(c) of Regulation 347 of the Environmental Protection Act.
The Court of Appeal dismissed the appeal, holding that the exemption requires materials to be used for construction within a reasonable time, which aligns with the by-law's requirement to remove refuse within a reasonable time.
The court concluded that compliance with the regulation does not preclude compliance with the by-law.
