Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 29, 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: August 28, 2024 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Ontario Graphite Ltd. | Peter McCague* |
| Director, Ministry of the Environment, Conservation and Parks | Nadine Harris Sarah Valair |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD AND HUGH S. WILKINS ON AUGUST 28, 2024 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) on August 28, 2024 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 Penalty Orders by the Director, Ministry of the Environment, Conservation and Parks regarding contaminated water allegedly 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 Parties informed the Tribunal that progress was being made and that the Parties are in discussions regarding a way forward. The Parties requested that the scheduled hearing dates for October 2024 be vacated and that a CMC be scheduled in late September 2024. The Tribunal agreed with these requests and looks forward to an update at the next CMC regarding the plan moving forward.
3The Tribunal scheduled a further CMC to be held on Wednesday, September 25, 2024 at 9 a.m. by video hearing. Parties are asked to log into these sessions at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/660145013
The Access Code: 660-145-013
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) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 660-145-013.
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.
ORDER
7THE TRIBUNAL ORDERS THAT:
A further Case Management Conference, by Video Hearing, is scheduled for Wednesday, September 25, 2024, at 9 a.m.
The previously scheduled October 21-25, 2024 hearing dates are vacated.
Notice of the Case Management Conference scheduled on Wednesday, September 25, 2024, at 9 a.m. shall not be required.
The Vice-Chair and Member are not seized.
“Jennifer Gold”
JENNIFER GOLD
MEMBER
“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.