Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: September 14, 2020
CASE NO(S).: 20-014
PROCEEDING COMMENCED UNDER section 26.5(1) of the Pesticides Act, R.S.O. 1990, c. P.11
Appellant: Nimby Wildlife & Pest Control Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Contravention Order issued to cease use of an unregistered methyl bromide product and prepare a written plan for its disposal
Reference No.: 2345-BLJMBZ
Property Address/Description: 1546 Beaty Trail
Municipality: Town of Milton
Upper Tier: Regional Municipality of Halton
ERT Case No.: 20-014
ERT Case Name: Nimby Wildlife & Pest Control Inc. v. Ontario (Environment, Conservation and Parks)
APPEARANCES:
Parties
Counsel
Nimby Wildlife and Pest Control Inc.
Paul Marshall
Director, Ministry of the Environment, Conservation and Parks
Sarah Kromkamp
HEARD: In writing
ADJUDICATOR(S): Laurie Bruce, Member
DECISION
Background
1On February 7, 2020, the Ministry of the Environment, Conservation and Parks (“Ministry”) issued Provincial Officer’s Order 2345-BLJMBZ (“Order”) to Nimby Wildlife and Pest Control Inc. (“Appellant” or “Nimby”) under s. 26.1 of the Pesticides Act (the “Act”). Upon Nimby’s request for review, the Director confirmed the Order under s. 26.3. of the Act.
2The Appellant was ordered to:
a. immediately cease use of the unregistered methyl bromide product known as “Inbrom 100%”; and
b. by March 6, 2020, prepare a detailed written plan providing the date and means by which disposal of the company’s current inventory of the product “Inbrom 100%” will be completed. The plan was to be submitted to the Provincial Officer for review. The disposal plan was not to be carried out until written authorization was provided to the Appellant by the Provincial Officer.
3The Appellant appealed the Director’s Order to the Environmental Review Tribunal (“Tribunal”) and also requested a stay of the Director’s Order until the disposition of the proceeding, pursuant to Rule 108 of the Tribunal’s Rules of Practice (“Rules”).
4Nimby stated that its ground for the appeal is that it was granted a permit to import Methyl Bromide, a pesticide which it was then ordered to cease usage of.
5A telephone conference call was held on April 17, 2020 to set dates for a motion hearing for the requested stay. The Tribunal scheduled a motion hearing by teleconference for May 28, 2020.
6The Appellant advised the Tribunal and the Ministry on May 19, 2020 that they wished to withdraw their appeal. The Ministry agreed to the withdrawal of the appeal.
7In accordance with Rule 199, where there has been a proposed withdrawal of an appeal agreed to by all Parties and the decision under appeal is not altered by a settlement agreement, the Tribunal shall issue a decision dismissing the proceeding.
DECISION
8The Tribunal orders that the motion and appeal by Nimby are dismissed.
Appeal Withdrawn
Motion Dismissed
Appeal Dismissed
“Laurie Bruce”
LAURIE BRUCE
MEMBER
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Environmental Review Tribunal
A constituent tribunal of Ontario Land Tribunals
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248