Environmental Review Tribunal

Tribunal de l’environnement

ISSUE DATE: September 27, 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, Conservation and Parks

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, Conservation and Parks)

Heard: August 1, 2018 in Sturgeon Falls, Ontario, and September 18, 2018 by telephone conference call

APPEARANCES:

Parties	Counsel/Representative+
2127940 Ontario Limited	Luc Lemieux +
Director, Ministry of the Environment, Conservation and Parks	Mitchel Boughs and Domenico Polla*

• September 18, 2018 only

ORDER DELIVERED BY MARLENE CASHIN AND MARCIA VALIANTE

REASONS

Background

1The purpose of this Order is to provide confirmation of the Environmental Review Tribunal’s (“Tribunal”) oral order made on September 18, 2018 setting dates for a hearing, and other procedural matters related to this appeal.

2On November 15, 2017, Brent Trach, a provincial officer with the North Bay Area Office of the Ministry of the Environment and Climate Change (now the Ministry of the Environment, Conservation and Parks (“MECP”)), issued Provincial Officer’s Order No. 6712-ASYQ8S (“Provincial Officer’s Order”) to the 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”); remove all waste from the Site by an approved waste hauler and deposit the waste at an approved waste disposal site; provide written confirmation of the waste hauler’s name and registration number; and provide copies of receipts regarding the quantity and type of waste disposed of. Luc Lemieux, a principal of the Appellant, requested review of the Provincial Officer’s Order by the MECP Director in accordance with s. 157.3 of the Environmental Protection Act. On May 4, 2018, MECP Director Carroll Leith by letter confirmed the Provincial Officer’s Order and altered certain of the compliance dates (“Confirmed Order”).

3The Appellant appealed the Confirmed Order to the Tribunal on May 17, 2018 and requested that a motion for a stay of the Confirmed Order be heard. On June 14, 2018, a motion hearing was held by telephone conference call (“TCC”). By order dated June 15, 2018 (with reasons following on July 24, 2018), the Tribunal refused the Appellant’s request for a stay of the Confirmed Order and dismissed the motion.

4A Pre-Hearing Conference (“PHC”) was held in Sturgeon Falls, Ontario on August 1, 2018, at which time the parties jointly requested an adjournment of the PHC in order to pursue discussions related to compliance. Counsel for the Director told the Tribunal that the Provincial Officer had visited the Site that morning and confirmed that the Appellant had taken some steps to comply with the Confirmed Order.

5The Tribunal granted the adjournment, and scheduled the PHC to resume by TCC on September 18, 2018. The parties indicated that should compliance with the Confirmed Order not be completed by that time, they might seek Tribunal-assisted mediation. The Tribunal directed that, if by September 18, 2018 compliance had not occurred, and it appeared that mediation would not be helpful, the parties should prepare an agreed schedule for a hearing and other related procedural dates, for discussion at the TCC.

6On September 18, 2018 the PHC resumed by TCC. The parties informed the Tribunal that further steps toward compliance with the Confirmed Order had not occurred, and that mediation would not be helpful to the parties. The parties requested that the hearing be scheduled and provided an agreed schedule of dates.

7The Tribunal, in consultation with the parties, scheduled dates for the hearing of the appeal and other procedural matters as set out in the Order below.

ORDER

8The Tribunal orders:

i. Each party shall provide without charge to the other party a copy of every relevant document in the possession, control or power of a party, in accordance with Rule 166 of the Tribunal’s Rules of Practice (“Rules”) on or before 5 p.m. on Friday, October 12, 2018.

ii. The parties shall serve on each other and file with the Tribunal witness statements and documents they intend to rely on at the hearing, in accordance with Rules 170 and 167 of the Tribunal’s Rules, respectively, on or before 5 p.m. on Friday, November 9, 2018.

iii. If a summons is issued, the party calling the witness shall serve and file a statement of anticipated questions for that witness on or before 5 p.m. on Friday, November 9, 2018.

iv. The hearing will commence at 10 a.m. on Tuesday, December 4, 2018 and continue on December 5 and 6, 2018 in:

Council Chambers Municipality of West Nipissing 101-225 Holditch Street Sturgeon Falls, ON P2B 1T1

Hearing Scheduled

Procedural Directions Ordered

“Marlene Cashin”

MARLENE CASHIN

MEMBER

“Marcia Valiante”

MARCIA VALIANTE

VICE-CHAIR

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