The City of Barrie appealed an Amended Environmental Compliance Approval issued by the Director to Laguna Trading Ltd. for a waste disposal site.
The Director brought a motion to dismiss the appeal, arguing the City had no right of appeal under s. 139 of the Environmental Protection Act and had missed the deadline to seek leave to appeal under the Environmental Bill of Rights.
The Tribunal found that the City did not have a right of appeal under s. 139, as it was not the applicant or holder of the approval.
The Tribunal also held it lacked jurisdiction to extend the mandatory 15-day deadline for seeking leave to appeal under the Environmental Bill of Rights.
The Director's failure to consider the City's comments prior to issuing the approval did not create a right of appeal.
The motion was granted and the appeal was dismissed.