OERT 2015

The Environmental Review Tribunal held a preliminary hearing to consider requests for participant and presenter status in an appeal of a Renewable Energy Approval for a wind facility.

The Tribunal granted participant status to the Municipality of Grey Highlands and the Brewster Lake Home Owners' Association, and presenter status to several individuals, subject to procedural directions limiting duplication and ensuring relevance.

The Tribunal also established the schedule for the hearing.

The appellants appealed a Director's Order relating to a spill of environmental contaminants, including toluene and acetone, at a site in Fort Erie.

Several appellants brought motions to stay the Director's Order pending the final resolution of the appeals.

At the hearing, the moving parties and the Director presented an agreement for a partial stay and interim amendments to the Order.

The Environmental Review Tribunal approved the consent agreement, finding that the stay would not result in a danger to health, safety, or the environment, and that the balance of convenience favoured granting the stay to allow necessary investigative work to proceed.

The Permit Holder brought a motion to amend an earlier Tribunal order that partially lifted an automatic stay on a Permit to Take Water for a quarry.

The Permit Holder sought to extend the dewatering period from 10 to 30 days, citing a larger than expected volume of accumulated spring melt water and precipitation.

The Appellant opposed the extension, raising concerns about potential environmental impacts and questioning the Permit Holder's claims of irreparable harm.

Applying the RJR-MacDonald test and section 102(3) of the Ontario Water Resources Act, the Tribunal found that the Permit Holder would suffer irreparable harm if unable to access the quarry floor, and that a short-term extension would not pose a serious risk of environmental impairment.

The Tribunal partially granted the motion, extending the stay lift for an additional 10 days to allow the removal of up to 23 million litres of water, subject to strict monitoring and contingency conditions.

The appellants appealed a Director's Order requiring remedial measures for groundwater contamination at a former manufacturing site.

Following a settlement agreement where Nortel agreed to pay $300,000 to the new property owner (Taggart) and Taggart agreed to a new Director's Order requiring remediation backed by financial assurance, the Director proposed to revoke the original order.

The Tribunal found the proposed revocation was consistent with the Environmental Protection Act and in the public interest, revoked the order, and dismissed the appeals.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit application to construct a parking lot for visitors to the Cheltenham Badlands and the Bruce Trail.

Following a series of pre-hearing conferences, the Hearing Officer issued a procedural order setting deadlines for the parties to exchange issues lists and scheduling a further telephone conference call to confirm the issues and set dates for document exchange and the main hearing.

The Prince Edward County South Shore Conservancy brought a motion for party status to address the remedy in an appeal of a Renewable Energy Approval for the Ostrander Point Wind Park.

The Environmental Review Tribunal dismissed the request for party status but granted the alternative request for participant status.

The Tribunal ordered that the Conservancy may participate in motions but may not bring them, with reasons to follow.

The appellants appealed the conditional approval of a development permit for a new horse stable and garage.

At a pre-hearing conference, two neighbours sought party status, citing concerns about odours and groundwater impacts.

The Hearing Officers granted party status to both neighbours, finding they had a genuine interest and could make a relevant contribution.

The pre-hearing conference was adjourned to allow the parties to pursue settlement discussions.

At a preliminary hearing regarding an appeal of a Director's order to decommission a bore hole, the Environmental Review Tribunal considered requests for participant status and an adjournment.

The Tribunal granted participant status to the resident of the property where the bore hole was located, finding she had a genuine interest and could make a relevant contribution.

The Tribunal also granted an adjournment of the preliminary hearing on consent of the parties, as the appellant was actively implementing the required work under the Ministry's supervision, which might render a full hearing unnecessary.

The appellants appealed a Director's Order requiring work to prevent the discharge of contaminants from a site in Fort Erie.

On consent of the parties, the Environmental Review Tribunal granted an interim stay of portions of the Order and amended specific items pending the final resolution of the appeal.

The amended Order established new compliance dates and requirements for investigating soil, groundwater, sediment, and surface water impacts.

The Approval Holder brought a preliminary motion to strike portions of two witness statements filed by the Appellant in an appeal of a Renewable Energy Approval for a wind facility.

The Tribunal struck evidence relating to property values on consent.

However, the Tribunal declined to strike the acoustician's evidence regarding future noise compliance and health impacts, finding that the evidence was arguably relevant to the Appellant's Charter section 7 argument and that it was premature to rule on the expert's qualifications prior to cross-examination.

The appellant sought to appeal a provincial officer's order requiring the decommissioning of a bore hole that was leaking natural gas.

The appellant failed to request a review of the order by the Director within the required seven-day period, and the Director subsequently refused a late request for review.

The Environmental Review Tribunal dismissed the appeal without a hearing, finding that its jurisdiction under the Environmental Protection Act is limited to appeals of Director's orders.

Since no Director's order was issued and the Tribunal lacks jurisdiction to extend the time for requesting a Director's review, the appeal was dismissed.

The appellants appealed a Director's Order confirming a Provincial Officer's Order requiring the decommissioning of a bore hole that was leaking natural gas.

After the bore hole was successfully decommissioned to the satisfaction of the Ministry, the appellants proposed to withdraw their appeals.

The Tribunal accepted the withdrawals and dismissed the appeals in accordance with Rule 199 of the Tribunal's Rules of Practice.

The Environmental Review Tribunal heard a motion to strike portions of two witness statements in an appeal regarding a Renewable Energy Approval for a wind facility.

The Tribunal ordered that a specific paragraph of one witness statement be struck on consent of the parties.

The motion to strike portions of the second witness statement was dismissed at this time, with reasons to follow.

The appellant appealed the Niagara Escarpment Commission's refusal to issue a development permit that would allow the importation of 1.8 million cubic metres of fill to rehabilitate a quarry.

The appellant argued the proposal was a permitted use under the Niagara Escarpment Plan, such as a mineral extraction operation or forest management.

The Hearing Officers found that the existing rehabilitation plan was substantially complete and that the proposal amounted to a commercial fill operation, which is not a permitted use.

The appeal was dismissed.

The appellant appealed a Renewable Energy Approval issued for a wind facility.

At a preliminary hearing, the Municipality of Grey Highlands sought participant status, while several individuals and a homeowners association sought presenter status.

The Tribunal granted the requests, subject to the condition that their presentations be relevant to the permissible grounds of appeal and confined to the issues raised in the notice of appeal.

The Tribunal also issued procedural directions and a schedule for the main hearing.

The appellants appealed the Director's decision to issue a Renewable Energy Approval for a wind facility.

One appellant subsequently proposed to withdraw its appeal with the consent of all parties.

The Environmental Review Tribunal accepted the withdrawal and dismissed that appeal.

The Tribunal also granted participant status to an environmental coalition in the remaining appeal and issued procedural directions for the hearing.

The appellant appealed the suspension of its Environmental Compliance Approval for the installation of vertical closed loop ground source heat pumps.

Prior to the hearing, the parties reached a settlement agreement that included an amended approval and workplan with enhanced training, oversight, and reporting requirements.

The Environmental Review Tribunal reviewed the settlement under Rule 201, found it consistent with the purpose of the Environmental Protection Act and in the public interest, and dismissed the appeal on consent.

The Mohawks of the Bay of Quinte (MBQ) brought a motion for costs in an ongoing environmental appeal.

Due to an objection by Waste Management of Canada Corporation regarding mediation confidentiality, MBQ requested that the motion be deferred until after the main hearing.

The Tribunal granted the adjournment and ordered that the motion materials be marked confidential pending the hearing of the motion.

The appellants appealed a Director's Order requiring them to develop and implement a remedial action plan for diesel contamination on their property.

The parties agreed to an interim stay of the order's implementation requirement pending the appeal's resolution, while altering the compliance dates for the plan's preparation.

The Environmental Review Tribunal found it had jurisdiction to issue the interim order and that no statutory bar under the Environmental Protection Act prevented the stay, as it would not cause danger to health, safety, or the environment.

The Tribunal granted the interim stay on consent.

The appellant appealed the terms and conditions of an Environmental Compliance Approval for sewage works.

Following the evidentiary hearing, the Tribunal issued a procedural order regarding written and oral closing submissions and a site visit.

The Tribunal ordered a perimeter walk of the site without requiring attendees to sign liability waivers or non-disclosure agreements.