Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: June 15, 2018
CASE NO.: 18-026
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: 2127940 Ontario Limited
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order to perform work to remove all waste material from the Site with an Environmental Compliance Approval
Reference No.: 6712-ASYQ8S
Property Address/Description: 825 Quesnel Road
Municipality: West Nipissing
ERT Case No.: 18-026
ERT Case Name: 2127940 Ontario Limited v. Ontario (Environment and Climate Change)
Heard: May 28 and June 14, 2018 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative+
2127940 Ontario Limited
Luc Lemieux+
Director, Ministry of the Environment and Climate Change
Mitchel Boughs
ORDER DELIVERED BY MARLENE CASHIN AND MARCIA VALIANTE
REASONS
Background
1On November 15, 2017, Brent Trach, a provincial officer with the North Bay Area Office of the Ministry of the Environment and Climate Change (“MOECC”), issued Provincial Officer’s Order No. 6712-ASYQ8S (“Order”) to 2127940 Ontario Limited (“Appellant”), requiring the Appellant, by specified dates: to cease the deposit of demolition waste on a site located at 825 Quesnel Road, West Nipissing (“Site”); to remove all waste from the Site by an approved waste hauler and deposit the waste at an approved waste disposal site; to provide written confirmation of the waste hauler’s name and registration number; and to provide copies of receipts regarding the quantity and type of waste disposed of. Luc Lemieux, a principal of the Appellant, requested review of the Order by the MOECC Director in accordance with s. 157.3 of the Environmental Protection Act. On May 4, 2018, MOECC Director Carroll Leith confirmed the Order and altered certain of the compliance dates.
2The Appellant appealed the Director’s decision to the Environmental Review Tribunal (“Tribunal”) on May 17, 2018 and requested that a motion for a stay of the Director’s decision be heard. On May 28, 2018, the Tribunal held a telephone conference call (“TCC”) to set a schedule for the filing of materials and the hearing of submissions with respect to the stay motion. Both parties filed motion materials and the Tribunal heard oral submissions on the motion at a TCC held on June 14, 2018.
ORDER
3With reasons to follow, the Tribunal refuses the Appellant’s request for a stay of the Director’s decision. The motion is dismissed.
Stay Refused
Motion Dismissed
“Marlene Cashin”
MARLENE CASHIN
MEMBER
“Marcia Valiante”
MARCIA VALIANTE
VICE-CHAIR
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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