Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 17, 2022
CASE NO(S).: OLT-22-003181
PROCEEDING COMMENCED UNDER section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellant: Robert Zbroszczyk (Appeal No. 004343)
Appellant: 825678 Ontario Inc. (Appeal No. 004342)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work with respect to sewage works to prevent discharge of sewage into Lake Ontario and protect human health
Reference No.: Director’s Order No. 1-101403589
Property Address/Description: 133 Carter Road (Camp Barcovan Tent & R.V. Resort)
Municipality: Quinte West
Upper Tier: Hastings County
OLT Case No.: OLT-22-003181
OLT Case Name: Zbroszczyk v. Ontario (Environment, Conservation and Parks)
Heard: May 2, 2022 by telephone conference call
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Director, Ministry of the Environment, Conservation and Parks (“MECP”) | Sarah Valair*, Amanda Landre* and Ashley Qian* (student-at-law) |
| 825678 Ontario Inc. O/A Camp Barcovan Tent 7 RV Resort | Robert and Elizabeth Zbroszczyk |
Memorandum of oral decision DELIVERED BY HUGH S. WILKINS ON MAY 2, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a hearing regarding the scheduling of a stay motion and a request for an interim stay of Order No. 1-101403589 issued by the Director (“Director”), Ministry of the Environment, Conservation and Parks on March 28, 2022 relating to sewage works at a camping and RV resort located at 133 Carter Road in Quinte West.
2On April 12, 2022, 825678 Ontario Inc. (“Appellant”) appealed three of the four work items in the Director’s Order and requested a stay of those work items pending the disposition of the appeal.
3On May 2, 2022, the Tribunal held a hearing by telephone conference call (“TCC”) to schedule the stay motion. It also addressed a request from the Parties, on consent, that the impugned work items be stayed on an interim basis pending the disposition of the stay motion. Subsequent to the TCC, the Appellant requested on consent that the Notice of Appeal be amended to include all four work items and that all four work items to be included in the requested stay and interim stay.
4At the TCC, the Parties agreed to a schedule for the filing of motion materials and to a date in late May 2022 for the hearing of the stay motion.
5Regarding the request for an interim stay, under the Ontario Water Resources Act (“OWRA”), the Tribunal must determine whether it has the authority to grant the requested relief. Sections 102(2) and (3) of the OWRA states:
102(2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of a direction, order, report or decision, other than,
(a) a direction, order or report to monitor, record and report; or
(b) an order issued under section 89.3, 89.8 or 89.12.
(3) The Tribunal shall not stay the operation of a direction, order, report or decision if doing so would result in,
(a) danger to the health or safety of any person;
(b) impairment or serious risk of impairment of any waters or any use of waters; or
(c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life.
6The Tribunal has reviewed the Director’s Order and is satisfied there is no statutory bar to granting an interim stay in this case and it finds that it is not prevented from ordering an interim stay as requested. Given that the proposed interim stay is on consent and based on the Parties’ submissions that it would not cause any immediate environmental harm, the Tribunal finds that the proposed interim stay motion is appropriate.
7The Parties requested, on consent, and the Tribunal directs, that the materials for the stay motion be served and filed based on the following schedule:
Thursday, May 12, 2022 – the Director is to serve and file the Director’s stay motion materials;
Friday, May 20, 2022 – the Appellant is to serve and file its responding materials; and,
Friday, May 27, 2022 – the Director to serve and file any reply materials.
8The Tribunal orders that the request for an interim stay of the Director’s Order until the disposition of the stay motion is granted.
9The Tribunal orders that the stay motion will be held by video hearing on Tuesday, May 31, 2022 commencing at 10 a.m.
10Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/719383509
Access Code: 719-383-509
11Parties 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.
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
13Individuals 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 Hearing Office’s Case Coordinator having carriage of this case.
14There will be no further notice.
15This 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.