Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 3, 2025
CASE NO(S).: OLT-24-000512
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: INEOS Styrolution Canada Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work to prevent, reduce and eliminate the discharge of benzene
Reference No.: Director’s Order No. 1-358096039-1
Property Address/Description: 872 Tashmoo Avenue
Municipality/Upper Tier: Sarnia/Lambton
OLT Case No.: OLT-24-000512
OLT Lead Case No.: OLT-24-000512
OLT Case Name: INEOS Styrolution Canada Ltd. v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER subsection 139(2)(d) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: INEOS Styrolution Canada Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Alteration of terms and conditions imposed on an Environmental Compliance Approval for a hydrocarbon storage facility and a styrene and ethylbenzene production and hydrocarbon storage facility
Reference No.: ECA No. 8903-AD5HPV
Property Address/Description: 1265 Vidal Street South, 872 Tashmoo Avenue
Municipality/Upper Tier: Sarnia/Lambton
OLT Case No.: OLT-24-000516
OLT Lead Case No.: OLT-24-000512
OLT Case Name: INEOS Styrolution Canada Ltd. v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER subsection 139(1)(e) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: INEOS Styrolution Canada Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Suspension of an Environmental Compliance Approval relating to the operation of a hydrocarbon storage facility and a styrene and ethylbenzene production and hydrocarbon storage facility
Reference No.: ECA No. 8903-AD5HPV
Property Address/Description: 1265 Vidal Street South, 872 Tashmoo Avenue
Municipality/Upper Tier: Sarnia/Lambton
OLT Case No.: OLT-24-000515
OLT Lead Case No.: OLT-24-000512
OLT Case Name: INEOS Styrolution Canada Ltd. v. Ontario (Environment, Conservation and Parks)
Heard: February 27, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| INEOS Styrolution Canada Ltd. | Diana Weir |
| Ministry of the Environment, Conservation and Parks | Nadine Harris |
| Aamjiwnaang First Nation | Scott Robertson Jim Ratis |
| Crystal George and Annette George | Ramani Nadarajah Julie Lopez (articling student) |
| Gary McNickle | Self-represented* |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON FEBRUARY 27, 2025 AND ORDER OF THE TRIBUNAL
1The Tribunal held a Case Management Conference (“CMC”) on February 27, 2025 for appeals brought by INEOS Styrolution Canada Ltd. (“Appellant”) regarding the issuance by the Director, Ministry of the Environment, Conservation and Parks (“Director”) of Director’s Order No. 1-358096039-1 (“Director’s Order”), Amended Environmental Compliance Approval No. 8903-AD5HPV (“Amended ECA”), and a Notice of Suspension of the Amended ECA, each dated May 1, 2024. The proceedings relate to the operation of the Appellant’s facilities located at 872 Tashmoo Avenue, in the City of Sarnia.
2At the CMC, the Appellant stated that it intended to withdraw its appeals of the Director’s Order, the Notice of Suspension of the Amended ECA, and all aspects of its appeal of the Amended ECA, except in relation to item 1.3 of the Approval on the cessation of accepting and storing benzene at the facility. It stated that continuing work on a Suspension Plan regarding the removal of benzene from the site required that the appeal of this item in the Amended ECA remain open. The Appellant proposed that the appeal of item 1.3 remain active and that a further CMC be scheduled for a date in November 2025 at which a further update on the issue would be provided. All of the other Parties supported this pathway forward.
3The Appellant stated that all Parties would be notified of any amendments to the Suspension Plan for the facility as the process and management of on-site materials unfolds.
4Subsequent to the CMC, the Tribunal received from the Appellant, on February 27, 2025, the written withdrawal of its appeals of the Director’s Order, the Notice of Suspension of the Amended ECA, and all aspects of its appeal of the Amended ECA, except in relation to item 1.3 of the Approval.
5The Tribunal directs that a further CMC will be held on Monday, November 3, 2025 commencing at 10 a.m. by video.
6Parties and observers are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
7Parties 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.
8Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
9Individuals 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
10THE TRIBUNAL ORDERS THAT the proceedings in relation to the Appellant’s appeal of the Director’s Order and the Notice of Suspension of the Amended ECA are closed and all aspects of the appeal of the Amended Environmental Compliance Approval, except in relation to item 1.3 of the Approval, are discontinued.
11This Member is not seized and there will be no further notice of the next CMC.
“Hugh S. Wilkins”
HUGH S. WILKINS
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.