Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 19, 2025
CASE NO(S).: OLT-24-001235
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, and section 100(3) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellant: G6 Energy Corp.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to commence implementation of the TMF mine effluent treatment system upgrades, complete the installation of the turbidity curtain, and dredge the polishing pond
Reference No.: 1-846813365
Property Address/Description: 2142 Forestry Tower Road
Municipality/ Upper Tier: Kearney/Parry Sound
OLT Case No.: OLT-24-001235
OLT Lead Case No.: OLT-24-001235
OLT Case Name: G6 Energy Corp. v. Ontario (Environment, Conservation and Parks)
Heard: March 13, 2025 by Video Hearing
APPEARANCES:
Parties G6 Energy Corp.
Counsel Matthew Lakatos-Hayward Raivo Uukkivi (in absentia)
Parties Director, Ministry of the Environment, Conservation, and Parks
Counsel Nadine Harris Sarah Valair
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON MARCH 13, 2025 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) relating to an appeal brought pursuant to s. 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, and s. 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, against Director’s Order No. 1-846813365 (“Order”) issued by the Director, Ministry of the Environment, Conservation, and Parks (“Director”) on December 3, 2024. The Appeal has been filed by G6 Energy Corp. (“Appellant”) regarding the naming of the Appellant in the Order and the mine effluent treatment system on the property located at 2142 Tower Road in the Town of Kearney, Parry Sound (“Subject Property”).
2The Subject Property, also known as the Kearney Mine, has a significant graphite deposit but has not been actively operated for several years. The Subject Property contains an old tailings pond and waste rock site.
3The Order directs the Appellants to mitigate the impacts of mine effluent to the environment. The Order consists of nine items, which when met, will bring the Appellants and Subject Property into compliance.
4On February 19, 2025, the Tribunal granted an extension to the deadlines for Items No. 2 and Item No. 3. The Stay Motion brought by the Appellant was dismissed at that time.
STATUS REQUESTS
5There were no Party or Participant status requests at the CMC.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
6At this CMC, the Parties advised that their discussions have been productive, and they may be on a path to resolving the issues. However, the Director has indicated that certain dates, as specified in the Order, need to pass before they can confirm compliance. The Parties believe that they will have concluded discussions by early May 2025.
7The Parties were informed that Tribunal-led mediation is available if needed, however they believe it is not necessary at this time.
SCHEDULING
8The Parties requested a second CMC following their discussions to either share a settlement proposal or to move towards a merit hearing.
9If the Parties do not reach a settlement agreement, they will submit a draft Procedural Order prior to the second CMC.
10A second CMC is scheduled to begin on Tuesday, May 27, 2025, at 10 a.m. by Video Hearing.
11Parties are asked to log into the 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/519389173
Access Code: 519-389-173
12Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html.
13Persons who experience technical difficulties accessing the GoTo Meeting 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.
14Individuals 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 Video Hearing 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
15The Tribunal directives set out above are so ordered.
“A. Snowdon”
A. SNOWDON
MEMBER
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.