Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 02, 2023
CASE NO(S).: OLT-22-003335
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellants: Don McCaig, 1767158 Ontario Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant associated with the waste in, on, or under the property
Reference No.: Director’s Order No. 1-105666379
Property Address/Description: PART OF ROAD ALLOWANCE BETWEEN LOTS 43 & 44, CONCESSION STR SOUTHWOLD CLOSED BY BY-LAW #129 & 136; PART OF LOTS 42-45 CONCESSION STR SOUTHWOLD DESIGNATED AS PARTS 1 & 2, 11R-2455; SAVE & EXCEPT PART 1, 11R-8600; ST. THOMAS; PIN 35155-0148 (LT)
Municipality: City of St. Thomas
Upper Tier: Elgin County
OLT Case No.: OLT-22-003335
OLT Case Name: McCaig v. Ontario (Environment, Conservation and Parks)
Heard: January 31, 2023 by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel
1767158 Ontario Inc. and Don McCaig
Paula Lombardi
Director, Ministry of the Environment, Conservation and
Jon Bradbury
Parks
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER CAMPBELL ON JANUARY 31, 2023 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal (the “Tribunal”) regarding an appeal by 1767158 Ontario Inc. and Don McCaig (collectively, the “Appellants”) concerning Director’s Order No. 1-105666379 (the “Order”) issued by the Ministry of the Environment, Conservation and Parks (the “Respondent”) regarding the deposit and removal of waste at the property located at Part of road allowance between Lots 43 & 44, Concession Str, Southwold closed by By-law Nos. 129 & 136; part of Lots 42-45, Concession Str, Southwold designated as Parts 1 & 2, 11R-2455; Save & except Part 1, 11R-8600; St. Thomas; PIN 35155-0148 (LT).
2The Order originally set forth seven (7) action items (“Items”), as follows:
Item No. 1: By August 1, 2022, remove all Waste from the Site, transport the Waste via a Ministry approved waste management system or hauler, and deposit the Waste at a waste disposal site(s) approved to accept the waste.
Item No. 2: By April 19, 2022, submit written confirmation to the Provincial Officer of the name and Environmental Compliance Approval (“ECA”) number or Environmental Activity and Sector Registry (“EASR”) registration number of the hauler(s) used to haul the Waste from the Site.
Item No. 3: Commencing on April 19, 2022, and continuing every seven (7) days thereafter until all Waste is removed from the Site, submit to the Provincial Officer a copy of all receipts from the waste disposal site(s) that state the quantity deposited, the weight, and the type of waste disposed of at the Site.
Item No. 4: By April 8, 2022, cease depositing, causing, permitting, or arranging for the deposit of waste, including demolition waste, brick, corrugated cardboard, concrete, drywall, steel, and wood, at the Site.
Item No. 5: Within thirty (30) days of receipt of a certificate of requirement issued under s. 197(2) of the Environmental Protection Act, completed as described in Schedule “A” to the Order, register the certificate of requirement on title to the Site in the appropriate land registry office.
Item No. 6: Within ten (10) days of registration of the certificate of requirement, submit to the Provincial Officer a copy of the registered certificate and documentation confirming that the registration has been completed.
Item No. 7: Upon service of the Order, any information or documents that are required to be submitted to the Provincial Officer pursuant to the Order shall be submitted to the attention of Provincial Officer Jeff Mills via email to jeff.mills@ontario.ca with a copy to environment.london@ontario.ca, or via mail to the Ministry of the Environment, Conservation and Parks, 733 Exeter Road, London, ON, N6E 1L3.
3At a previous CMC held on July 6, 2022, the Parties advised that significant progress had been made with respect to a potential settlement, and that of the seven (7) Items originally set forth in the Order, the Parties were likely to agree upon the terms of a stay order with respect to five (5) such Items (the “Stay Order”). Further, the Parties indicated that they expected to settle any remaining issues beyond those to be addressed pursuant to the Stay Order, which would negate the need for a hearing altogether.
4The Parties subsequently jointly filed a draft Stay Order on August 11, 2022, which proposed that (i) Items 1, 2, 3, 5 and 6 set forth in the Order be stayed pending the outcome or final resolution of this Appeal; and (ii) the Order be amended to include the following additional Items:
Item No 8: Upon service of this amended Order, before dealing with the Site in any way, provide a copy of this Order to every person who will acquire an interest in the Site as a result of the dealing.
Item No. 9: Upon service of this amended Order, before dealing with the Site in any way, provide written notice to the Provincial Officer of any person who will acquire an interest in the Site as a result of the dealing. The written notice shall include but is not limited to, the name, contact information and a summary of the nature of the interest they will acquire in the Site as a result of the dealing.
5All capitalized terms used in paragraphs 2 and 4 above and not otherwise defined herein have the meanings ascribed to such terms in the Order.
6At a subsequent CMC held on August 31, 2022, on consent of the Parties to this Appeal, the Tribunal ordered that (i) Item Nos. 1, 2, 3, 5 and 6 of the Order be stayed pending the outcome or final resolution of this Appeal; and (ii) the Respondent amend the Order to include Item Nos. 8 and 9 as set forth in paragraph 4 above.
7At the present CMC, the Parties confirmed that the Order had been amended to include Item Nos. 8 and 9 as set forth in paragraph 4 above, and they were awaiting the results of a survey to confirm the location of certain materials which were the subject of the Order. The Appellants indicated that the results of such survey were expected in the near term, following which they expected to be in a position to finalize a potential settlement of this Appeal without the need for a hearing.
8The Respondent indicated a desire to bring the matter to a conclusion, but agreed to one further extension pending the results of the survey. Accordingly, the Parties jointly requested that a subsequent CMC be scheduled in respect of this matter.
ORDER
9The Tribunal orders that a further Case Management Conference by telephone be held in respect of this Appeal on Tuesday, March 14, 2023 at 10 a.m.
10Parties and Participants are directed to call 416-212-8014 or (Toll Free) 1-866-500-5845 on the assigned date at the correct time. When prompted, enter the code 1219634# 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.
11There will be no further notice.
12This Hearing Officer is not seized.
“Jennifer Campbell”
jennifer campbell
HEARING OFFICER
Ontario Land Tribunal
Website: 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.