Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
June 25, 2018
CASE NO.:
18-024
PROCEEDING COMMENCED UNDER section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellant:
Corporation of the City of Thunder Bay (File No. 18-024)
Appellant:
Robert Whiteside (File No. 18-025)
Respondent:
Director, Ministry of the Environment and Climate Change
Subject of appeal:
Amendment of terms and conditions of a Permit to Take Water
Reference No.:
4321-6RVR23
Property Address/Description:
Current River/Boulevard Lake
Part of Mining Location 7 Savigney’s Survey
Municipality:
City of Thunder Bay
ERT Case No.:
18-024
ERT Case Name:
Thunder Bay (City) v. Ontario (Environment and Climate Change)
Heard:
May 25, and June 1 and 11, 2018 by telephone conference call, and in writing
APPEARANCES:
Parties
Counsel
Corporation of the City of Thunder Bay
Rodney Northey, Jessica Boily** and Michael Finley****
Director, Ministry of the Environment and Climate Change
Nadine Harris, Paul McCulloch* and Mitchel Boughs
Robert Whiteside
Emily Morris*, Therin Rhaintre*** and Laird Scrimshaw*****
*May 25 only
** May 25 and June 1 only
*** June 1 and 11 only
**** June 11 only
***** In writing only
ORDER DELIVERED BY MAUREEN CARTER-WHITNEY AND MARCIA VALIANTE
BACKGROUND
1On April 30, 2018, Carrie Hutchison, Director, Ministry of the Environment and Climate Change, issued Amended Permit to Take Water No. 4321-6RVR23 (“Amended PTTW”) to the Corporation of the City of Thunder Bay (“City”).
2On May 15, 2018, the City filed an appeal of the Amended PTTW to the Environmental Review Tribunal (“Tribunal”) and, on the same date, filed a Notice of Allegation against Robert Whiteside and the Current River Hydro Partnership. On May 16, 2018, Mr. Whiteside filed an appeal of the Amended PTTW. Both the City and Mr. Whiteside requested a stay and an interim stay of the Amended PTTW. On May 18, 2018, the Tribunal acknowledged receipt of both appeals, and provided notice of a jurisdictional issue with respect to Mr. Whiteside’s appeal.
3On May 25 and June 1 and 11, 2018, the Tribunal held telephone conference calls to address the status of the appeals and matters of scheduling. The request for an interim stay/stay is subject to ongoing discussions between the parties. Between June 13 and 20, 2018, the parties filed written submissions on the issue of Mr. Whiteside’s status in the proceeding.
ORDER
4With reasons to follow, the Tribunal orders that:
Mr. Whiteside’s appeal is dismissed for lack of jurisdiction.
Mr. Whiteside’s request for Party status is granted, effective the date of this Order.
The Pre-hearing Conference will commence at 9 a.m. on July 12, 2018 in:
Council Chambers
Thunder Bay City Hall
500 Donald Street East, 3rd Floor
Thunder Bay, ON P7C 5K4
- A motion to be brought by the City regarding the Director’s jurisdiction will be heard on August 8 and 9, 2018 at the same location.
Appeal Dismissed (File No.18-025)
Request for Party Status Granted
Pre-hearing Conference Scheduled
Motion Scheduled
“Maureen Carter-Whitney”
MAUREEN CARTER-WHITNEY
VICE-CHAIR
“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