Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: September 10, 2015
CASE NO.: 15-032
PROCEEDING COMMENCED UNDER section 129(1) of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, as amended;
Appellant: William Mundy
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Refusal of a Class 3 Water Treatment Certificate under O. Reg. 128/04 and O. Reg. 129/04
Municipality: City of Burlington
Upper Tier: Region of Halton
ERT Case No.: 15-032
ERT Case Name: Mundy v. Ontario (Environment and Climate Change)
Heard: August 26, 2015, by telephone conference call
APPEARANCES:
| Parties | Counsel/Representative+ |
|---|---|
| Director, Ministry of the Environment and Climate Change | Katie Clements |
| William Mundy | Self-represented |
ORDER DELIVERED BY HEATHER MCLEOD-KILMURRAY AND HUGH S. WILKINS
REASONS
Background
1On April 9, 2015, Brian Gildner, Director, Ministry of the Environment and Climate Change, issued a decision letter refusing to grant a Class 3 Water Treatment Certificate to William Mundy (the “Appellant”), pursuant to Schedule 2 of Ontario Regulation 128/04 “Certification of Drinking Water System Operators and Water Quality Analysts” (the “Regulation”) under the Safe Drinking Water Act, 2002, S.O. 2002, c. 32. The Director refused to issue the certificate based on his finding that the Appellant does not have sufficient “operator-in-charge” experience to be meet the requirements in Schedule 2 of the Regulation for the issuance of the requested certificate.
2On April 30, 2015, the Appellant appealed the Director’s decision to the Environmental Review Tribunal (the “Tribunal”). The Appellant argues that the Director’s interpretation of the term “operator-in-charge” does not align with the use of the term in the Regulation and that he has sufficient experience to meet the qualifications for the certificate.
3A preliminary hearing was held by telephone conference call (“TCC”) on August 26, 2015, in which the Tribunal provided procedural directions for the hearing of the appeal.
ORDER
4The Tribunal directs the following due dates for the exchange of documents and filing of witness statements and documents to be relied on at the main hearing:
September 28, 2015 All documents relevant to this proceeding are to be exchanged by the Parties.
October 23, 2015 The Director’s witness statements and documents to be relied on at the hearing are to be served on the Appellant and filed with the Tribunal.
November 9, 2015 The Appellant’s witness statements and documents to be relied on at the hearing are to be served on the Director and filed with the Tribunal.
November 20, 2015 Director’s reply witness statements and reply documents (if any) to be relied on at the hearing to be served on the Appellant and filed with the Tribunal
5The main Hearing of the appeal shall commence on Thursday, November 25, 2015 at 10 a.m. in Hearing Room 2, 8th Floor, 425 Adelaide Street West, Toronto, Ontario and, if required, will continue at that location on November 26, 2015.
6The preliminary hearing in this matter is adjourned to a TCC to be held on October 26, 2015 at 10 a.m. The Tribunal case coordinator will forward call-in details for the TCC to the parties.
Procedural Directions Ordered
Preliminary Hearing Adjourned
“Heather McLeod-Kilmurray”
HEATHER MCLEOD-KILMURRAY
MEMBER
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
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Environmental Review Tribunal A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248