Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: May 01, 2019
CASE NO: 19-012
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: ArcelorMittal Dofasco MP Inc. (File No. 19-011)
Appellant: ArcelorMittal Canada Inc. (File No. 19-012)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject to appeal: Order to provide supporting information related to two discharges
Reference No.: 6051-B9TJYF
Property Address/Description: 1495 Burlington Street East, Dofasco Bayfront Plant Gate 10 Lot 2 Concession Broken Front
Municipality: City of Hamilton
ERT Case No.: 19-012
ERT Case Name: ArcelorMittal Canada Inc. v. Ontario (Environment, Conservation and Parks)
Heard: March 21, 2019 by telephone conference call and in writing
APPEARANCES:
Parties
ArcelorMittal Dofasco MP Inc. and ArcelorMittal Canada Inc., operating as ArcelorMittal Dofasco G.P.
Counsel
Rosalind Cooper
Parties
Director, Ministry of the Environment, Conservation and Parks
Counsel
Nadine Harris
ORDER DELIVERED BY MARLENE CASHIN AND JUSTIN DUNCAN
1ArcelorMittal Dofasco MP Inc. and ArcelorMittal Canada Inc., operating as ArcelorMittal Dofasco G.P. (“Appellants”) have appealed from the decision of the Director of the Ministry of the Environment, Conservation and Parks to issue Order No. 6051-B9TJYF, dated March 8, 2019 (“Director’s Order”) requiring the Appellants to provide certain information to the Director.
2On March 21, 2019, the Tribunal held a telephone conference call at which time the Tribunal granted an order, on consent of the parties, for an interim stay of the Director’s Order until April 30, 2019 to allow the parties time to file submissions on a motion to be filed by the Appellants requesting a stay of the Director’s Order pending the outcome of this appeal.
3Motion materials were subsequently filed by the parties and have now been considered by the Tribunal.
ORDER
4With reasons to follow, the Tribunal refuses the Appellants’ request for a stay of the Director’s Order. The motion is dismissed.
Stay Refused
Motion Dismissed
“Marlene Cashin”
MARLENE CASHIN
MEMBER
“Justin Duncan”
JUSTIN DUNCAN
VICE-CHAIR
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