Other Tribunals - OERT

The Appellant appealed the Director's decision refusing to grant a Class 3 Water Treatment Certificate due to insufficient operator-in-charge experience.

The Environmental Review Tribunal held a preliminary hearing by telephone conference call and issued an order setting procedural directions and dates for the exchange of documents and witness statements ahead of the main hearing.

The Tribunal held a preliminary hearing by telephone conference call regarding appeals of a Director's Order related to a spill of environmental contaminants.

Several entities requested party status.

Finding that the entities were named in a Notice of Allegation and could be directly affected by the outcome of the appeal, the Tribunal granted party status to Amercoat Canada, Rubyco Ltd., and Danroh Inc. The preliminary hearing was adjourned to allow for the completion of work required under interim amendments to the Director's Order.

The appellant appealed a Director's Order requiring him to retain a consultant to assess and remediate petroleum impact on groundwater from a 1990 fuel oil spill on his cottage property.

Following a preliminary hearing, the Environmental Review Tribunal issued an order clarifying the scope of the appeal and organizing the issues to be determined at the hearing.

The Tribunal identified seven main issues within the scope of the appeal and excluded issues related to remedy or expanding the Director's Order.

The appellants appealed a Director's Order regarding groundwater contamination at a former manufacturing site.

The parties requested on consent that the proceeding be adjourned and the existing stay of the order be extended to allow time to finalize remedial actions.

The Tribunal found no concerns under section 143(3) of the Environmental Protection Act and granted the requested extension and adjournment.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for a horse stable.

During a pre-hearing conference, the appellants requested an adjournment to gather more information, which the Hearing Officers denied due to the lack of settlement prospects and ample time remaining before the hearing.

Subsequently, the appellants withdrew their appeals.

Pursuant to Rule 205 of the Environmental Review Tribunal, the withdrawal automatically confirmed the Commission's decision, and the hearing was cancelled.

The Environmental Review Tribunal held a preliminary hearing regarding an appeal of a Renewable Energy Approval for the Gunn's Hill Wind Farm.

The Tribunal granted presenter status to the Township of Norwich on consent of the parties.

The Tribunal also issued detailed procedural directions for the main hearing, including deadlines for witness statements, expert qualifications, and final submissions.

The appellants appealed a Director's Order concerning groundwater contamination at a former manufacturing site.

Following negotiations, Nortel and the Ministry of the Environment and Climate Change reached a framework agreement regarding remediation.

The parties consented to an order extending the stay of certain items in the Director's Order until June 30, 2015, and requiring Nortel to submit revised restorative action plans.

The Tribunal accepted the consent order, finding no bars to the stay under the Environmental Protection Act.

The Permit Holder brought a motion to amend an earlier Tribunal order that partially lifted an automatic stay on a Permit to Take Water for a quarry.

The Permit Holder sought to extend the dewatering period from 10 to 30 days, citing a larger than expected volume of accumulated spring melt water and precipitation.

The Appellant opposed the extension, raising concerns about potential environmental impacts and questioning the Permit Holder's claims of irreparable harm.

Applying the RJR-MacDonald test and section 102(3) of the Ontario Water Resources Act, the Tribunal found that the Permit Holder would suffer irreparable harm if unable to access the quarry floor, and that a short-term extension would not pose a serious risk of environmental impairment.

The Tribunal partially granted the motion, extending the stay lift for an additional 10 days to allow the removal of up to 23 million litres of water, subject to strict monitoring and contingency conditions.

The Environmental Review Tribunal held a preliminary hearing to consider requests for participant and presenter status in an appeal of a Renewable Energy Approval for a wind facility.

The Tribunal granted participant status to the Municipality of Grey Highlands and the Brewster Lake Home Owners' Association, and presenter status to several individuals, subject to procedural directions limiting duplication and ensuring relevance.

The Tribunal also established the schedule for the hearing.

The appellants appealed a Director's Order requiring remedial measures for groundwater contamination at a former manufacturing site.

Following a settlement agreement where Nortel agreed to pay $300,000 to the new property owner (Taggart) and Taggart agreed to a new Director's Order requiring remediation backed by financial assurance, the Director proposed to revoke the original order.

The Tribunal found the proposed revocation was consistent with the Environmental Protection Act and in the public interest, revoked the order, and dismissed the appeals.

At a preliminary hearing regarding an appeal of a Director's order to decommission a bore hole, the Environmental Review Tribunal considered requests for participant status and an adjournment.

The Tribunal granted participant status to the resident of the property where the bore hole was located, finding she had a genuine interest and could make a relevant contribution.

The Tribunal also granted an adjournment of the preliminary hearing on consent of the parties, as the appellant was actively implementing the required work under the Ministry's supervision, which might render a full hearing unnecessary.

The appellant sought to appeal a provincial officer's order requiring the decommissioning of a bore hole that was leaking natural gas.

The appellant failed to request a review of the order by the Director within the required seven-day period, and the Director subsequently refused a late request for review.

The Environmental Review Tribunal dismissed the appeal without a hearing, finding that its jurisdiction under the Environmental Protection Act is limited to appeals of Director's orders.

Since no Director's order was issued and the Tribunal lacks jurisdiction to extend the time for requesting a Director's review, the appeal was dismissed.

The appellants appealed a Director's Order confirming a Provincial Officer's Order requiring the decommissioning of a bore hole that was leaking natural gas.

After the bore hole was successfully decommissioned to the satisfaction of the Ministry, the appellants proposed to withdraw their appeals.

The Tribunal accepted the withdrawals and dismissed the appeals in accordance with Rule 199 of the Tribunal's Rules of Practice.

The appellant appealed the suspension of its Environmental Compliance Approval for the installation of vertical closed loop ground source heat pumps.

Prior to the hearing, the parties reached a settlement agreement that included an amended approval and workplan with enhanced training, oversight, and reporting requirements.

The Environmental Review Tribunal reviewed the settlement under Rule 201, found it consistent with the purpose of the Environmental Protection Act and in the public interest, and dismissed the appeal on consent.

The appellant appealed the terms and conditions of an Environmental Compliance Approval for sewage works.

Following the evidentiary hearing, the Tribunal issued a procedural order regarding written and oral closing submissions and a site visit.

The Tribunal ordered a perimeter walk of the site without requiring attendees to sign liability waivers or non-disclosure agreements.

The Mohawks of the Bay of Quinte (MBQ) brought a motion for costs in an ongoing environmental appeal.

Due to an objection by Waste Management of Canada Corporation regarding mediation confidentiality, MBQ requested that the motion be deferred until after the main hearing.

The Tribunal granted the adjournment and ordered that the motion materials be marked confidential pending the hearing of the motion.

The appellants appealed three Director's Orders issued by the Ministry of the Environment regarding environmental issues at three waste disposal sites.

The parties negotiated a resolution regarding the Margach Waste Disposal Site and submitted a Draft Interim Order to the Environmental Review Tribunal.

The Tribunal approved the Draft Interim Order on consent, which included a stay of the financial assurance requirements and an extension of deadlines for implementing closure plan requirements, finding that the statutory bars to a stay under the Environmental Protection Act did not apply.

The appellants appealed three Director's Orders regarding environmental issues at three waste disposal sites.

The parties negotiated an interim agreement regarding the third order (the Dryden Order), which included a stay of the requirement to provide financial assurance pending the outcome of the appeals.

The Tribunal approved the interim agreement and granted the stay on consent, noting that the statutory bars to a stay did not apply and that the appellants' commitments addressed the Director's concerns.

The appellants appealed a Director's Order requiring them to maintain and monitor a closed landfill site after the current owner became insolvent.

The parties jointly proposed a Draft Interim Order to stay the financial assurance requirements and amend the timing of other work items pending the outcome of the appeals.

The Tribunal found that the statutory bars to a stay under section 143(3) of the Environmental Protection Act did not apply and approved the Draft Interim Order on consent, adjourning the matter to allow for settlement negotiations.

The appellant, RPL Recycling & Transfer Limited, appealed a Director's Order regarding its waste transfer station and sought an extension of a previously granted stay.

At a preliminary hearing, a neighbouring business, Hymopack Limited, requested party or participant status due to concerns about dust and site operations.

The Tribunal granted Hymopack the option to choose either party or participant status.

The Tribunal also extended the stay of the Director's Order to allow the appellant time to amend its Certificate of Approval, adjourning the preliminary hearing to a later teleconference.