Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
February 2, 2016
CASE NO(S).:
15-148 and
15-158
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended; and section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellants:
See Appendix 1 – Appellant List (15-148)
Respondent:
Director, Ministry of the Environment and Climate Change
Subject of appeal:
Order to maintain environmental protection measures and to assess and report on environmental conditions regarding steel mill and mining operations
Reference No.:
7313-A44LL6
Property Address/Description:
Site 1: 105 West Street
Site 2: McLeod Mine adjacent to the Magpie River
Site 3: Goudreau Mine approx. 35 km northeast of Wawa
Municipality:
Site 1: Sault Ste. Marie
Site 2: immediately north of Wawa
Site 3: Aguonie Township
Upper Tier:
District of Algoma
ERT Case No.:
15-148
ERT Case Name:
Ghosh v. Ontario (Environment and Climate Change)
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended; and under section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellants:
See Appendix 2 – Appellant List (15-158)
Respondent:
Director, Ministry of the Environment and Climate Change
Subject of appeal:
Order to maintain environmental protection measures and to assess and report on environmental conditions regarding steel mill and mining operations
Reference No.:
7313-A44LL6, Amendment No. 1
Property Address/Description:
Site 1: 105 West Street
Site 2: McLeod Mine adjacent to the Magpie River
Site 3: Goudreau Mine approx. 35 km northeast of Wawa
Municipality:
Site 1: Sault Ste. Marie
Site 2: immediately north of Wawa
Site 3: Aguonie Township
Upper Tier:
District of Algoma
ERT Case No.:
15-158
ERT Case Name:
Ghosh v. Ontario (Environment and Climate Change)
Heard:
December 18, 2015 by telephone conference call and on January 28, 2016 at 665 Bay Street, Toronto
APPEARANCES:
Parties
Counsel
ESSAR Steel Algoma Inc., ESSAR Mumbai and Company Officers
Douglas Harrison and Patrick Duffy
Company Directors
Jennifer Teskey and John Picone
Director, Ministry of the Environment and Climate Change
Nadine Harris and Justin Jacob
ORDER DELIVERED BY MARLENE CASHIN AND HEATHER I. GIBBS
BACKGROUND
1On December 18, 2015, on consent of all of the parties, the Environmental Review Tribunal (the “Tribunal”) issued an interim stay by oral disposition in this matter as follows:
a. Section 2.9 of order number 7313-A44LL6 of the Director, Ministry of the Environment and Climate Change (the “Director”), dated November 9, 2015, as amended by Director’s Order Amendment No. 1, dated November 15, 2015 (together, the “Order”), is stayed until the disposition of a stay motion to be heard on January 28, 2016, insofar as it applies to the following directors of ESSAR Steel Algoma Inc: Jatinder Mehra, Kalyan Ghosh, Naresh Kothari and Kishore Mirchandani (the “Company Directors”).
2On January 28, 2016, two stay motions were heard. One was brought by the Company Directors (the “Company Directors’ Motion”) to stay s. 2.9 of the Order. The other was brought by ESSAR Steel Algoma Inc., and an entity identified as "ESSAR Mumbai" (collectively the “Company”), and Rajat Marwah, Pramod Kumar Shukla, David James Rennie and J. Robert Sandoval (the “Company Officers”) (the “Company’s and Company Officers’ Motion”) to stay s. 2.1, 2.2, 2.3, 2.4, 2.7, 2.8, 2.10, 2.11, 2.14, 2.15, 2.16 and 2.17 of the Order.
ORDER
3For reasons to follow, the Tribunal orders as follows:
a. On consent of the parties, the Company Directors’ Motion to stay s. 2.9 of the Order insofar as that section of the Order applies to the Company Directors, is granted until the disposition of the appeals of the Order.
b. The Company’s and Company Officers’ Motion requesting a stay of s. 2.11 of the Order insofar as that section of the Order applies to the Company and Company Officers, is granted until the disposition of the appeals of the Order. The request for a stay of all other sections is dismissed.
Company Directors’ Stay Motion Granted Company and Officers’ Stay Motion Granted in Part
“Marlene Cashin”
MARLENE CASHIN
MEMBER
“Heather I. Gibbs”
HEATHER I. GIBBS
VICE-CHAIR
Appendix 1 – Appellant List (15-148)
Appendix 2 – Appellant List (15-158)
If there is an attachment referred to in this document,
please visit www.elto.gov.on.ca to view the attachment in PDF format.
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
Appendix 1
Appellant List (15-148)
Appellant Name
File No.
Kalyan Ghosh
15-148
Jatinder Mehra
15-149
Naresh Kothari
15-150
Kishore Mirchandani
15-151
Pramod Kumar Shukla
15-152
Rajat Marwah
15-153
David James Rennie
15-154
J. Robert Sandoval
15-155
ESSAR Steel Algoma Inc.
15-156
ESSAR Mumbai
15-157
Appendix 2
Appellant List (15-158)
Appellant Name
File No.
Kalyan Ghosh
15-158
Jatinder Mehra
15-159
Naresh Kothari
15-160
Kishore Mirchandani
15-161
Pramod Kumar Shukla
15-162
Rajat Marwah
15-163
David James Rennie
15-164
J. Robert Sandoval
15-165
ESSAR Steel Algoma Inc.
15-166
ESSAR Mumbai
15-167