Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
June 28, 2021
CASE NO(S).:
20-015
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, and section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant:
David Bartlett (File No. 20-015)
Appellant:
James Bartlett (File No. 20-016)
Appellant:
N.M. Bartlett Inc. (File No. 20-017)
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject of appeal:
Order to perform work in regards to stormwater management and soil and sediment remediation
Reference No.:
5841-BCVQ4K-1
Property Address/Description:
4509 Bartlett Road
Municipality:
Lincoln
Upper Tier:
Regional Municipality of Niagara
ERT Case No.:
20-015
ERT Case Name:
Bartlett v. Ontario (Environment, Conservation and Parks)
Heard:
June 16, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
David Bartlett, James Bartlett and
Jennifer Danahy
N.M. Bartlett Inc.
Director, Ministry of the Environment,
Nicholas Adamson
Conservation and Parks
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JUNE 16, 2021 AND ORDER OF THE TRIBUNAL
1This Order arises from a status update telephone conference call (“TCC”) held regarding the appeals filed by N.M Bartlett Inc., James Bartlett, and David Bartlett (“Appellants”) in relation to Director’s Order No. 5841-BCVQ4K-1 (“Director’s Order”) issued by the Director, Ministry of the Environment, Conservation and Parks (“MECP”) under s. 140(1) of the Environmental Protection Act and s. 100(4) of the Ontario Water Resources Act. The Director’s Order requires the Appellants to perform stormwater management and soil and sediment remediation work at the property located at 4509 Bartlett Road (“site”).
2At the status update TCC, the Director informed the Tribunal that the MECP intends to issue a further Order setting out the requirements for a Delineation Plan for the site and directing the Appellants to execute it within a specific time frame. The Appellants stated that they anticipate appealing the forthcoming Order. The Parties stated that efforts to settle the existing appeal have not been successful and that this appeal and the anticipated forthcoming appeal should be heard together. The Parties requested that a further Case Management Conference (“CMC”) be scheduled to finalize the procedural steps for both the present appeal and the anticipated forthcoming appeal. They agreed to prepare and submit a draft Procedural Order and Issues List for both proceedings prior to the next CMC.
3The Tribunal scheduled a further CMC for early October 2021.
ORDER
4The Tribunal directs that a CMC will be held by video hearing on Friday, October 1, 2021 commencing at 10 a.m.
5The Tribunal’s Case Coordinator will provide the details for connecting to the CMC hearing.
6This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.