Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 29, 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: May 27, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
G6 Energy Corp.
Matthew Lakatos-Hayward Raivo Uukkivi (in absentia)
Director, Ministry of the Environment, Conservation, and Parks
Nadine Harris Sarah Valair
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON MAY 27 AND ORDER OF THE TRIBUNAL
INTRODUCTION
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 Forestry 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 the 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.
5At a CMC on March 13, 2025, the Parties informed the Tribunal that they were on a path to settlement, but needed certain dates, as specified in the Order, to pass before the Director could confirm compliance. The Parties were to update the Tribunal, on or before this CMC, as to the status of the settlement or to submit a Procedural Order.
STATUS REQUESTS
6There were no Party or Participant status requests at the CMC.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
7The Parties informed the Tribunal that they have reached a potential settlement but are not ready for a settlement hearing at this time. The Appellants need to finish the arrangements and completion of certain actions relating to equipment installation and remediation fund allocation before finalizing the settlement.
SCHEDULING
8The Parties requested that a CMC date be set. They will inform the Tribunal after August 31, 2025, as to whether the CMC date should be converted to a settlement hearing instead.
9A CMC is scheduled to begin on Tuesday, September 9, 2025, at 10 a.m. by video.
10Parties are asked to log in to 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/909787981
Access Code: 909-787-981
11Parties 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.
12Persons 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 in to an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The Access Code is as indicated above.
13Individuals 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
14The 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.