Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 16, 2022
CASE NO(S).: OLT-21-001836 (Formerly 19-013)
PROCEEDING COMMENCED UNDER section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellant: Morriston Park Nursing Home Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work in regards to the on-site septic system
Reference No.: 7040-B9JQUB-1
Property Address/Description: 7363 Calfass Road
Municipality: Township of Puslinch
Upper Tier: County of Wellington
OLT Case No.: OLT-21-001836
Legacy Case No.: 19-013
OLT Case Name: Morriston Park Nursing Home Inc. v. Ontario (Environment, Conservation and Parks)
Heard: May 31, 2022 by telephone conference call
APPEARANCES:
Parties
Counsel
Morriston Park Nursing Home Inc.
Peter Pickfield
Director, Ministry of the Environment,
Isabelle O’Connor
Conservation and Parks
Memorandum of oral decision DELIVERED BY J. CAMPBELL ON MAY 31, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a status hearing (the “Status Hearing”) brought before the Ontario Land Tribunal (“Tribunal”) regarding the appeal by Morriston Park Nursing Home Inc. (“Appellant”) concerning the operation of a nursing home on a 10-hectare property near the Village of Morriston, in the Township of Puslinch (“Site”). On February 19, 2019, Michael Hindriks, a Senior Environmental Officer with the Ministry of the Environment, Conservation and Parks (“MECP”) issued Provincial Officer’s Order No. 7040-B9JQUB (“P.O. Order”) requiring the Appellant, by February 26, 2019, to retain a qualified person to carry out required work and, by March 8, 2019, to cease discharging raw sewage from the septic tanks into the leaching bed; to retain a licensed waste hauler to empty the septic tanks and pumping chamber on a regular basis and dispose of the sewage at an approved waste disposal site; to visually inspect the septic tanks and pumping chamber daily; and to retain all receipts and records.
2The Appellant requested a review of the P.O. Order. On February 28, 2019, Amy Shaw, Director with the MECP, issued the Director’s Order No. 7040-B9JQUB-1 (“Director’s Order”) varying the compliance date to March 8, 2019 for the Appellant to retain a qualified person and confirming the remainder of the P.O. Order.
3The Appellant appealed the Director’s Order to the Tribunal (formerly the Environmental Review Tribunal) in accordance with s. 100(4) of the Ontario Water Resources Act (“OWRA”).
4On June 26, 2019, a pre-hearing conference held before a different Tribunal Member, the Parties requested Tribunal-assisted mediation to resolve the issues under appeal. The mediation led to an Interim Settlement Agreement that set out technical steps that both Parties agreed to undertake.
5Following the execution of the Interim Settlement Agreement, the Parties have been working towards satisfaction of the technical steps set out therein, and have provided periodic updates to the Tribunal.
6At the Status Hearing, the Parties advised the Tribunal that the Appellant has filed an application and supporting materials with the MECP for Environmental Compliance Approval (“ECA”) of an upgraded waste water treatment system. The MECP advised that its review of the application was well-advanced and it expected to issue the ECA within the next two months, subject to terms and conditions which are still to be determined. Once the ECA has been issued, the Parties anticipate that either the appeal before the Tribunal will be withdrawn, or it will proceed to a hearing in order to adjudicate any remaining issues concerning any remaining issues.
7In consideration of the anticipated timing for issuance of the ECA, the Tribunal directed that a further status hearing will be held on August 25, 2022 to provide the Tribunal with an update and to confirm that the terms of the Interim Settlement Agreement continue to be fulfilled.
ORDER
8The Tribunal orders that a status update is set for Thursday, August 25, 2022 at 9 a.m. This will be carried out by a telephone conference call.
9Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call 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.
“J. Campbell”
j. campbell
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.