Administrative Law - OERT

The appellant appealed a Director's Order requiring the preparation and execution of a demolition waste source separation program for an ongoing mill demolition.

Following a preliminary hearing by telephone conference call, the Environmental Review Tribunal issued procedural directions scheduling mediation, the exchange of disclosure and witness statements, and dates for the main hearing.

The Tribunal also provided directions for scheduling a motion to stay the Director's Order.

The Niagara Escarpment Hearing Office issued a procedural order following a pre-hearing conference regarding appeals from the refusal of a development permit application to reconstruct 26/27 Sideroad.

The order sets out the organization of the hearing, including dates for the continuation of the pre-hearing conference, motions, and the main hearing, as well as requirements for witness lists, expert meetings, and the exchange of evidence.

A second prehearing was held regarding Dufferin Aggregates' proposed extension of the Acton Quarry.

On consent of all parties, the Joint Board deferred consideration of the Permit to take Water and Environmental Compliance Approval to the Ministry of the Environment and Climate Change, pursuant to s. 5(3) of the Consolidated Hearings Act.

The Board also varied the procedural schedule for serving and filing expert witness statements and related materials.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit to construct a 33-car parking lot for visitors to the Cheltenham Badlands and the Bruce Trail.

The appellant argued the parking lot was not a permitted use and would cause environmental harm, asserting that a full Environmental Impact Study and master plan were required.

The Hearing Officers found that the parking lot is a permitted use as a Bruce Trail access point and satisfies all relevant Development Criteria under the Niagara Escarpment Plan.

The appeal was dismissed and the Commission's decision to issue the development permit was confirmed.

At a pre-hearing conference regarding an appeal of the Niagara Escarpment Commission's refusal to issue a development permit for road reconstruction, several individuals and organizations requested party, participant, or presenter status.

The Hearing Officers granted the requests, finding that the applicants met the respective requirements under the Rules of Practice, as their interests could be directly and substantially affected by the hearing and they had a genuine interest in the subject matter.

At a preliminary hearing regarding appeals of a Renewable Energy Approval for a wind turbine project, the Environmental Review Tribunal considered requests for participant and presenter status.

The Tribunal granted participant status to the Canadian Owners and Pilots Association and presenter status to several individuals and organizations, finding they had genuine interests in the proceeding.

The Tribunal also issued procedural directions for the main hearing.

The Alliance to Protect Prince Edward County brought a motion to stay a Renewable Energy Approval for a wind power project pending the disposition of its appeal.

The moving party argued that vegetation clearing and site preparation would cause irreparable harm to the threatened Blanding's Turtle and its habitat.

Applying the RJR-MacDonald test, the Environmental Review Tribunal found that there was a serious issue to be tried, that irreparable harm would ensue to the spring foraging habitat of the Blanding's Turtle, and that the balance of convenience favoured the moving party.

The Tribunal granted the stay in part, halting vegetation clearing in identified spring foraging habitat.

The Director of the Ministry of the Environment and Climate Change requested an adjournment of the hearing to allow for further environmental sampling and testing regarding a historic petroleum spill.

The appellant consented to the adjournment, while other parties had mixed positions.

The Environmental Review Tribunal granted the adjournment, finding it was in the public interest and would not cause environmental harm, as the Director's Order remained in effect.

The Regional Municipality of Niagara issued an order under s. 100.1(1) of the Environmental Protection Act against several persons to recover costs incurred for cleaning up a spill.

Several named persons appealed the order.

The Region subsequently advised the Tribunal that it intended to revoke the order against four of the appellants, as they did not have ownership or control of the pollutants.

The Tribunal found the proposed revocation to be consistent with the purpose of the Act and in the public interest, revoked the order against those four appellants, and dismissed their appeals.

The appellants appealed a Director's Order requiring the removal of waste ash from a property.

At a preliminary hearing, the appellants sought a stay of the order pending the resolution of the appeals.

The Director consented to a stay of most items in the order, as there was no evidence of potential harm to human health or the environment.

The Tribunal granted the stay in part and also granted participant status to the City of Toronto and the Ontario Waste Management Association for the purpose of a forthcoming motion to revoke the order against the Regional Municipality of Peel.

The Director of the Ministry of the Environment and Climate Change issued an order regarding a spill of environmental contaminants at a site in Fort Erie.

Several parties appealed the order.

After the required remediation work was completed by some of the appellants, the Director proposed to revoke the order.

The Environmental Review Tribunal found the proposed revocation to be consistent with the purpose of the Environmental Protection Act and in the public interest.

The Tribunal revoked the order and dismissed the appeals.

The Concerned Citizens Committee of Tyendinaga and Environs appealed conditions of an Amended Environmental Compliance Approval issued to Waste Management of Canada Corporation for the closure of the Richmond Landfill Site.

The Tribunal considered the final wording of the conditions, rejecting an additional sentence proposed by the appellant regarding the delineation of leachate-impacted groundwater as redundant.

The Tribunal also granted an extension of time for the instrument holder to complete required work.

The appeal was allowed in part, and the Director was ordered to amend the Environmental Compliance Approval.

The Regional Municipality of Peel applied for costs against the Director of the Ministry of the Environment and Climate Change following the revocation of a 2013 Director's Order and the dismissal of the related appeal proceeding.

Peel argued the Director's conduct was unreasonable due to delays in issuing a new 2015 Director's Order.

The Environmental Review Tribunal applied the Baker standard and found that the Director's conduct did not interfere with the Tribunal's ability to secure a just, expeditious, and cost-effective determination of the proceeding.

The costs application was dismissed.

The appellants appealed the conditional approval of a development permit application for upgrades to an existing campground resort.

At a pre-hearing conference, the Town of Niagara-on-the-Lake requested party status and the Niagara Parks Commission requested participant status.

The Hearing Officers granted both requests, finding that the Town had a genuine public interest and could make a relevant contribution, and that the Parks Commission had a genuine public interest.

The pre-hearing conference was adjourned to allow the parties to continue settlement discussions.

The moving party, Alliance to Protect Prince Edward County, sought an interim stay of physical activities associated with a renewable energy approval for a wind power project, pending the disposition of a stay motion.

The moving party argued that vegetation clearing would cause irreparable harm to Blanding's Turtle and its habitat.

The Tribunal found that while harm to active turtles was not demonstrated, there was sufficient evidence that irreparable harm to vegetation and spring foraging habitat could occur.

The balance of convenience favoured the moving party, and the interim stay was granted.

The moving party brought a motion seeking an interim stay of a Renewable Energy Approval for a wind project pending the scheduling of a motion hearing for a full stay.

The Environmental Review Tribunal granted the interim stay, with reasons to follow, and directed that the hearing of the motion for a stay be scheduled in writing as soon as possible.

The moving party brought a motion for a stay of a renewable energy approval for a wind power generation project, seeking to halt vegetation clearing and site preparation.

The moving party argued that the proposed work would cause serious and irreversible harm to the Blanding's Turtle, a threatened species.

The Environmental Review Tribunal applied the RJR-MacDonald test for a stay.

While finding a serious issue to be tried, the Tribunal concluded that the moving party failed to demonstrate irreparable harm, as its evidence was speculative and did not account for the mitigation and avoidance measures required by the approval.

The Tribunal also found that the balance of convenience did not favour a stay.

The motion was dismissed.

The approval holder brought a motion arguing that the Tribunal lost jurisdiction to determine the remedy for a revoked renewable energy approval because the statutory six-month time limit had expired, resulting in a deemed confirmation of the Director's decision.

In the alternative, the approval holder sought the recusal of the Tribunal panel due to a reasonable apprehension of bias.

The Tribunal dismissed the motion, finding that it had disposed of the hearing within the statutory time limit when it issued its original decision, and that the deeming provision did not apply to a remedy hearing remitted by the Court of Appeal.

The Tribunal also found no evidence to support the allegations of bias.

The Director of the Ministry of the Environment and Climate Change requested an adjournment of the hearing regarding an order issued under the Environmental Protection Act for the assessment and remediation of a petroleum spill.

The Environmental Review Tribunal granted the request, vacating the April 2016 hearing dates and adjourning the matter to September 2016.

The appellant appealed a Provincial Officer's Order requiring the removal of waste and installation of spill containment structures at a waste transfer site.

Following Tribunal-assisted mediation, the parties agreed to a settlement and requested the revocation of the Order.

The Tribunal found that the appellant had complied with the waste removal requirements and was working towards compliance with the spill containment requirements under the supervision of the local Ministry office.

The Tribunal concluded that revoking the Order was consistent with the Environmental Protection Act and in the public interest, revoked the Order, and dismissed the appeal.