Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 01, 2024
CASE NO(S).: OLT-23-000590
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: September 25, 2024 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Ontario Graphite Ltd.
Peter McCague*
Director, Ministry of the
Nadine Harris
Environment, Conservation and Parks
Sarah Valair
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD AND HUGH S. WILKINS ON SEPTEMBER 25, 2024 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) on September 25, 2024, regarding proceedings brought under s. 100(4) of the Ontario Water Resources Act in Tribunal Case File No(s). 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 discussions were continuing. The Parties requested that another CMC be scheduled in October or November 2024. The Tribunal agreed with this request and looks forward to an update at the next CMC. At the next CMC, the Parties should also consider whether there should be a discontinuance of the proceedings or hearing dates scheduled.
3The Tribunal scheduled a further CMC to be held on Tuesday, November 19, 2024 at 10 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:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
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 as indicated 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.
ORDER
7THE TRIBUNAL ORDERS THAT:
A further Case Management Conference, by Video Hearing, is scheduled for Tuesday, November 19, 2024, at 10 a.m: and
Notice of the Case Management Conference scheduled on Tuesday, November 19, 2024, at 10 a.m. shall not be required.
8The 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.