Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: August 27, 2019
CASE NO.: 19-048
PROCEEDING COMMENCED UNDER section 139(2)(c) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Poltawa Country Club Corporation
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Terms and conditions imposed on an Amended Environmental Compliance Approval for the collection, treatment, and disposal of domestic sewage
Reference No.: 9762-B3QPBX
Property Address/Description: All of PIN 14259-0064(R) and as outlined in Plan 43R-15317 dated January 15, 1988
Municipality: Town of Caledon
Upper Tier: Regional Municipality of Peel
ERT Case No.: 19-048
ERT Case Name: Poltawa Country Club v. Ontario (Environment, Conservation and Parks)
Heard: July 16, 2019 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative^+^
Poltawa Country Club
Ron Chyczij^+^
Corporation
Director, Ministry of the
Mitchel Boughs and Courtney Wilson
Environment, Conservation and
Parks
ORDER DELIVERED BY JUSTIN DUNCAN
1On June 12, 2019, Youssouf Kalogo, Director, Ministry of the Environment, Conservation and Parks (“Director”) issued Amended Environmental Compliance Approval No. 9762-B3QPBX (“Amended ECA”) to the Poltawa Country Club and Individual Sewage Works Owners on 112 lots at a property with various locational details and identified as PIN 14259-0064(R) and outlined in Plan 43R-15317 dated January 15, 1988, in the Town of Caledon.
2The Amended ECA relates to the establishment of sewage works for the collection, treatment and disposal of domestic sewage from single family homes being developed on 112 lots on a country club property.
3The Poltawa Country Club (“Appellant”) appealed various aspects of the Amended ECA to the Environmental Review Tribunal (“Tribunal”) on June 26, 2019.
4Counsel for the Director requested an urgent telephone conference call (“TCC”) with the Tribunal to seek confirmation of whether the Appellant also represents the individual sewage works owners.
5The Tribunal held a TCC on July 16, 2019, at which time the Appellant’s representative confirmed that the appeal was filed on behalf of the Appellant and the individual sewage works owners and that contracts between the Appellant and the individual sewage works owners contains a clause that permits the Appellant to act as agent for these owners.
6On the basis that the Appellant’s representative would forward a copy of the agency agreement to the Tribunal for confirmation purposes, the Tribunal determined that it was satisfied that the appeal filed by the Appellant was filed not only by the Appellant but also by the Appellant as agent for the individual sewage works owners and that there were no procedural issues in relation to standing or representation as it relates to the appeal of the Amended ECA.
7At the conclusion of the TCC, the Tribunal indicated that the next step on the appeal would typically be the scheduling of a Pre-Hearing Conference but that since the Appellant had indicated that it would be seeking a stay of the decision of the Director that the parties should have a discussion and determine whether the stay would indeed be sought and, if so, propose a schedule to the Tribunal for the filing of a motion and when the motion would be heard.
8Following the TCC, the Appellant’s representative sent a copy of an agreement form that confirmed the agency agreement between the Appellant and the individual sewage works owners.
ORDER
9The Tribunal finds that the Appellant has the necessary legal authority to pursue this appeal on behalf of individual sewage works owners.
10The Tribunal directs that the Parties provide a joint proposal for the scheduling of a motion for a stay or the Appellant shall advise the Tribunal that a stay will not be sought by Friday, September 13, 2019.
11The Tribunal will schedule a Pre-Hearing Conference in this matter in accordance with Rule 130(b) of the Tribunal’s Rules of Practice.
Procedural Directions Provided
“Justin Duncan”
JUSTIN DUNCAN
VICE-CHAIR
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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