Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 05, 2022
CASE NO(S).:
21-017
PROCEEDING COMMENCED UNDER section 139(2)(e) of the Environmental Protection Act, R.S.O. 1990, c. E.19
Appellant:
Lafarge Canada Inc.
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject of appeal:
New terms and conditions imposed on an Environmental Compliance Approval to add the requirements established under O. Reg. 561/94: Effluent Monitoring and Effluent Limits – Industrial Minerals Sector
Reference No.:
4-0133-94-006
Property Address/Description:
Woodstock Limestone Quarry – Lot 3, Concession 4
Municipality:
City of Woodstock
Upper Tier:
County of Oxford
OLT Case No.:
21-017
OLT Case Name:
Lafarge Canada Inc. v. Ontario (Environment, Conservation and Parks)
Heard:
November 9, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
Lafarge Canada Inc.
Lana Finney
Director, Ministry of the Environment,
Jon Bradbury
Conservation and Parks
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON NOVEMBER 9, 2021 AND ORDER OF THE TRIBUNAL
1On November 9, 2021, the Tribunal held a Case Management Conference (“CMC”) regarding appeals filed by Lafarge Canada Inc. (“Appellant”) relating to an amendment to Environmental Compliance Approval Number 4-0133-94-006 (“ECA”) issued by the Director, Ministry of the Environment, Conservation and Parks on January 27, 2021.
2At the CMC, the Parties provided an update on settlement discussions. They stated that they have made progress and hope to resolve the appeal in the coming weeks. They requested that a further CMC be scheduled for early 2022. The Tribunal requested that, if a settlement is reached, the Parties contact the Tribunal’s Case Coordinator and, if a settlement hearing is required, request that the CMC be converted into a settlement hearing. No settlement hearing is necessary if the result of the settlement is the withdrawal of the appeal with no change to the ECA.
3Mike Farlow and Reed Elliott, each of whom is a Participant in this proceeding, requested on consent that they be permitted to make written submissions prior to the settlement discussions being concluded. The Tribunal stated that the Participants may send to the Parties and the Tribunal written submissions and asked that they do so by December 31, 2021.
4If there is no settlement, the Tribunal directs that the Parties be prepared at the next CMC to file a draft Procedural Order and Issues List and have hearing dates set.
ORDER
5The Tribunal orders that a further CMC will commence by telephone conference call on Tuesday, February 15, 2022 at 1 p.m. The information for connecting to the call will be provided to the Parties by the Case Coordinator.
6There will be no further notice.
7This 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.