Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 28, 2022
CASE NO(S).: OLT-21-001880 (Formerly 20-033)
PROCEEDING COMMENCED UNDER section 139(2)(b) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Darling International Canada Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Conditions on an amended environmental compliance approval for the processing of Animal By-products in the Rothsay Moorefield Plant
Reference No.: 5238-BSVRHU
Property Address/Description: 8406 Wellington County Road #7
Municipality: Mapleton Township
Upper Tier: County of Wellington
OLT Case No.: OLT-21-001880
Legacy Case No.: 20-033
OLT Case Name: Darling International Canada Inc. v. Ontario (Environment, Conservation and Parks)
Heard: March 15, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Darling International Canada Inc.
Marc McAree and Anand Srivastava
Director, Ministry of the Environment, Conservation and Parks
Nadine Harris, Amanda Landre, and Ashley Qian (student-at-law)
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MARCH 15, 2022 AND ORDER OF THE TRIBUNAL
1This proceeding is in regard to an appeal brought by Darling International Canada Inc. (“Appellant”) of Amended Environmental Compliance Approval No. 5238-BSVRHU (“Amended ECA”) issued by the Director, Ministry of the Environment, Conservation and Parks on October 2, 2020. The Amended ECA is in relation to the Appellant’s Rothsay Moorefield Plant, in the Township of Mapleton, which is an animal by-product collection, processing and feed ingredient manufacturing plant. The Appellant appealed specific conditions imposed under the Amended ECA, including conditions regarding its use of odour unit limits.
2The hearing of the appeal was scheduled for three weeks commencing on April 4, 2022.
3On March 15, 2022, the Parties informed the Tribunal that they had reached a proposed settlement of the appeal. On that day, the Tribunal held a brief Case Management Conference by telephone conference call at which it scheduled a settlement hearing and vacated the previously set hearing dates for the appeal.
4The Tribunal directs that a settlement hearing will be held by video hearing on Monday, April 4, 2022 commencing at 10 a.m. The Tribunal requests that the Parties file with the Tribunal all materials to be considered at the settlement hearing by Thursday, March 31, 2022.
5The Tribunal orders that the remaining hearing dates, which were previously set for the hearing, are vacated.
6Parties are asked to log into the settlement hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/766550013
Access Code: 766-550-013
7Parties are asked to set up the video hearing application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: +1(647) 497-9373 or (Toll Free) 1 (888) 299-1889. The Access Code is 766-550-013.
9Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10There will be no further notice.
11This 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.