Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 02, 2024
CASE NO(S).: OLT-23-000858
PROCEEDING COMMENCED UNDER subsection 129(1) of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, as amended
Applicant: Philip Arnold
Respondent: Director, Ministry of the Environment, Conservation and Parks
Description: Application for renewal of Class 1 Water Distribution Certificate
OLT Case No: OLT-23-000858
OLT File No: OLT-23-000858
OLT Case Name: Arnold v. Ontario (Environment, Conservation and Parks)
Heard: January 22, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Philip Arnold | Self represented |
| Director, Ministry of the Environment, Conservation and Parks | Amanda Landre* |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JANUARY 22, 2024 AND ORDER OF THE TRIBUNAL
1Phillip Arnold has brought an appeal under the Safe Drinking Water Act ("Act”) challenging the refusal by the Director of the Ministry of the Environment, Conservation and Parks of an application for recertification for a Class 1 Water Distribution Certificate. Mr. Arnold has been a license holder since 2005 and has been in the continuous employ of the Regional Municipality of Durham carrying out his duties as a locator pursuant to the license up until February of 2022, when he sustained compound injuries, which have rendered him unable to carry out the field work fundamental to his job responsibilities. As a consequence, Mr. Arnold was issued a temporary licence, which expired on May 31, 2023. The governing Ontario Regulation 128/04 (“Regulation”) stipulates the requirements for renewal, and the correspondence from the Director advising Mr. Arnold of the refusal, sets out the requirements of the Applicant over the term of one year following the expiry, and beyond.
2The refusal by the Director identifies deficiencies on the part of Mr. Arnold, with respect to the mandatory components of the recertification process, specifically setting out that a total of 56 on the job training hours remain outstanding.
3Counsel, appearing on behalf of the Director, advised the Tribunal that neither the Act, nor the Regulation, grant any jurisdiction to the Tribunal to vary the requirements of the Regulation, and the Tribunal concurs.
4The Tribunal encouraged Mr. Arnold to engage the good offices of his current employer to work with him in presenting and distinguishing the merit of his case to the Director to revisit the time frames stipulated in light of his ongoing treatment of the disabilities arising from his injuries.
5The Tribunal directed Counsel to file with the Tribunal their submissions in writing with respect to the lack of jurisdiction for the Tribunal to stay or vary the decision of the Director, in this instance. The Tribunal, having found that it has no jurisdiction in this matter, dismissed the appeal and adjourned the hearing.
ORDER
6The Tribunal orders that the appeal is dismissed.
“Sharyn Vincent”
SHARYN VINCENT VICE-CHAIR
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.