Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
June 04, 2024
CASE NO(S).:
OLT-23-000590
OLT-24-000116
OLT-24-000266
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant:
Ontario Graphite Ltd.
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject:
Order of the Director
Description:
An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number:
Penalty Order No. 274
Property Address:
2142 Forestry Tower Road
Municipality/UT:
Kearney/Parry Sound
OLT Case No.:
OLT-23-000590
OLT Lead Case No.:
OLT-23-000590
OLT Case Name:
Ontario Graphite Ltd. v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant:
Ontario Graphite Ltd.
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject:
Order of the Director
Description:
An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number:
Penalty Order No. 279
Property Address:
2142 Forestry Tower Road
Municipality/UT:
Kearney/Parry Sound
OLT Case No.:
OLT-24-000116
OLT Lead Case No.:
OLT-24-000116
OLT Case Name:
Ontario Graphite Ltd. v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant:
Ontario Graphite Ltd.
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject:
Order of the Director
Description:
An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number:
Penalty Order No. 280
Property Address:
2142 Forestry Tower Road
Municipality/UT:
Kearney/Parry Sound
OLT Case No.:
OLT-24-000117
OLT Lead Case No.:
OLT-24-000116
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant:
Ontario Graphite Ltd.
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject:
Order of the Director
Description:
An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number:
Penalty Order No. 281
Property Address:
2142 Forestry Tower Road
Municipality/UT:
Kearney/Parry Sound
OLT Case No.:
OLT-24-000118
OLT Lead Case No.:
OLT-24-000116
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant:
Ontario Graphite Ltd.
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject:
Order of the Director
Description:
An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number:
Penalty Order No. 282
Property Address:
2142 Forestry Tower Road
Municipality/UT:
Kearney/Parry Sound
OLT Case No.:
OLT-24-000266
OLT Lead Case No.:
OLT-24-000266
OLT Case Name:
Ontario Graphite Ltd. v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant:
Ontario Graphite Ltd.
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject:
Order of the Director
Description:
An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number:
Penalty Order No. 283
Property Address:
2142 Forestry Tower Road
Municipality/UT:
Kearney/Parry Sound
OLT Case No.:
OLT-24-000319
OLT Lead Case No.:
OLT-24-000266
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant:
Ontario Graphite Ltd.
Respondent:
Director, Ministry of the Environment, Conservation and Parks
Subject:
Order of the Director
Description:
An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number:
Penalty Order No. 284
Property Address:
2142 Forestry Tower Road
Municipality/UT:
Kearney/Parry Sound
OLT Case No.:
OLT-24-000320
OLT Lead Case No.:
OLT-24-000266
Heard:
May 27, 2024 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Ontario Graphite Ltd.
Peter McCague*
Director, Ministry of the
Nadine Harris
Environment, Conservation and
Sarah Valair
Parks
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MAY 27, 2024
1On May 27, 2024, the Tribunal convened a brief Case Management Conference (“CMC”) regarding proceedings brought under s. 100(4) of the Ontario Water Resources Act in Tribunal Case Nos. OLT-23-000590, OLT-24-000116, and OLT-24-000266. The proceedings arise from the issuance of Environmental Penalties by the Director, Ministry of the Environment, Conservation and Parks regarding water emitted from a former graphite mine located at 2142 Forestry Tower Road, in the Town of Kearney, District of Parry Sound.
2At the CMC, the Appellant, Ontario Graphite Ltd., stated that it is in the process of retaining new counsel, and it requested, on consent, that the CMC be briefly adjourned until new counsel is retained.
3The Tribunal agreed and scheduled a further CMC to be held on Tuesday, June 25, 2024 at 10 a.m., by video hearing.Parties are asked to log into the next CMC at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
4Parties and observers are asked to access and set up the 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.
5Persons 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: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is the same as the access code noted above.
6Individuals 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 CMC 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 Tribunal’s Case Coordinator having carriage of this case.
7The Tribunal requests, if the Parties will be seeking changes to the existing Procedural Order and Issues List, that they file draft materials with the Tribunal prior to the next CMC.
“Hugh S. Wilkins”
HUGH S. WILKINS
VICE-CHAIR
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.