Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
August 16, 2019
CASE NO:
19-031
PROCEEDING COMMENCED UNDER section 9(1) of the Nutrient Management Act, 2002, S.O. 2002, c.4, as amended
Appellant:
Shermandale Farms Ltd. (File No. 19-031)
Appellant:
Wessuc Inc. (File No. 19-032)
Respondent:
Director, Ministry of Agriculture, Food & Rural Affairs
Subject to appeal:
Refusal to issue an Approval of a Non-Agricultural Source Material (NASM) plan for the management of Category 2 and Category 3 NASM that includes the storage and application of NASM
Reference No.:
NASM Plan 23440
Property Address/Description:
1693 Colborne Street East
Municipality:
City of Brantford
ERT Case No.:
19-031
ERT Case Name:
Shermandale Farms Ltd. v. Ontario (Agriculture, Food and Rural Affairs)
Heard:
July 25, 201 by telephone conference call
APPEARANCES:
Parties
Counsel
Shermandale Farms Ltd. and Wessuc Inc.
Peter Pickfield
Director, Ministry of Agriculture, Food, and Rural Affairs
Nadine Harris
ORDER DELIVERED BY MARLENE CASHIN
Background
1On April 18, 2019, Len Senyshyn, Director, (“Director”) Ministry of Agriculture, Food and Rural Affairs (“Ministry”), refused approval of NASM (non-agricultural source materials) Plan 23440, which had been jointly submitted to the Ministry by Wessuc Inc. (“Wessuc”) and Shermandale Farms Ltd. (“Shermandale”) (jointly “Appellants”).
2NASM Plan 23440 proposes the revocation of six existing Shermandale NASM Plans and the consolidation of Wessuc and Shermandale’s NASM management activities under one NASM Plan. The only new NASM management activity not currently governed by an existing NASM Plan issued to Shermandale, is a new earthen lagoon that Wessuc proposes to construct and use for the storage of NASM on the Wessuc Yard Farm located in Brantford, Ontario.
3Pursuant to subsection 9(1) of the Nutrient Management Act, the Appellants appealed the Director’s decision to refuse to approve NASM Plan 23440 to the Environmental Review Tribunal (“Tribunal”) on May 3, 2019.
4A Pre-hearing Conference (“PHC”) was held by the Tribunal on July 25, 2019 by telephone conference call. There were no requests for Party, Participant or Presenter status in the proceeding.
Scheduling of Next Steps
5The Parties informed the Tribunal that mediation, which had been discussed between the Parties, would not be of assistance in this case, since a difference of opinion in statutory interpretation is at issue in the appeal relating to the interpretation of provisions of the Nutrient Management Act. As such, the Tribunal moved on to a discussion of the scheduling of dates for the hearing and for the steps leading up to the hearing.
6The Parties proposed, and the Tribunal agreed to, the dates set out in the order below for document exchange and the serving and filing of witness statements.
ORDER
7The Tribunal orders that the proceeding be conducted in accordance with the following schedule, or as may be varied by agreement of the Parties and confirmed by the Tribunal:
August 14, 2019
Exchange among the Parties of all relevant documents.
August 28, 2019
Parties to provide to each other and file with the Tribunal all documents that they intend to rely on at the hearing including Witness Statements.
September 11, 2019
Reply Witness Statements and/or other Reply Documents, if any, to be served and filed with the Tribunal.
September 11, 2019
An Agreed Statement of Facts (if possible) to be filed with the Tribunal.
September 13, 2019
Any additional documents that come to light that are to be relied upon by either Party to be exchanged between the Parties and filed with the Tribunal.
September 16-17, 2019
Hearing to be held at the Council Chambers, City Hall, 100 Wellington Square, Brantford, Ontario.
Procedural Directions Ordered
“Marlene Cashin”
MARLENE CASHIN
MEMBER
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Environmental Review Tribunal
A constituent tribunal of Tribunals Ontario - Environment and Land Division
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248