Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 18, 2025
CASE NO(S).: OLT-25-000015
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 operate and maintain the Mobile Treatment Unit as detailed in the Interim Environmental Plan, submit a report, and submit an updated Operations Manual with preventative and contingency measures
Reference No.: 1-921169783
Property Address/Description: 2142 Forestry Tower Road
Municipality/ Upper Tier: Kearney
OLT Case No.: OLT-25-000015
OLT Lead Case No.: OLT-25-000015
OLT Case Name: G6 Energy Corp. v. Ontario (Environment, Conservation and Parks)
Heard: June 17, 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 (in absentia) Sarah Valair
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON JUNE 17, 2025 AND ORDER OF THE TRIBUNAL
1This Decision and Order arise 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, (“EPA”) and s. 100(3) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, (“OWRA”) against Director’s Order No. 1-921169783 (“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 validity of the Order 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 Appellants are requesting that the Tribunal:
Rescind the Order in its entirety against the Appellant and its corporate directors, Greg Gibson and Peter McCague;
Stay Items 3 and 4 of the Order until the resolution of the Appeal; and
Provide any other such relief as the Tribunal may deem just.
4The Appellants are appealing the Order on the grounds that:
The Director does not have jurisdiction to issue the Order to the Appellants;
The items within the Order are outside the Directors jurisdiction to impose and are unreasonable; and
A stay of Items 3 and 4 of the Order is not barred under ss.143(2) of the EPA or 102(2) of the OWRA, and a stay is required because there is serious issue to be tried, irreparable harm will flow to the Appellant if a stay is not granted, and the balance of convenience warrants granting a stay.
STATUS REQUESTS
5There were no Party or Participant status requests at the CMC.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
6The Parties have informed the Tribunal that they have reached a potential settlement and that Minutes of Settlement have been signed. However, the Appellants are required to complete the installation of certain equipment to prevent foreseeable incidents that may lead to groundwater contaminant exceedances and to have the Director’s approval of the completed work before the settlement will be finalized.
SCHEDULING
7The Parties have requested that this file be heard together with OLT-24-001235. OLT-24-001235 is a related matter at the Subject Property and between the same Parties. It is related to a separate Director’s Order (Order No. 1-846813365) regarding drainage issues and water quality on the Subject Property.
8Pursuant to Rule 16.1 of the Tribunal’s Rules of Practice and Procedure:
16.1 Consolidating Proceedings or Hearing Matters Together The Tribunal may order that two or more proceedings or any part of them, be consolidated, heard together at the same time, or heard one after the other, or stay or adjourn any matter until the determination of any other matter, subject to any applicable statutory or regulatory restrictions.
9The Tribunal ordered that this matter will be heard together with OLT-24-001235.
10The Parties requested that a subsequent CMC be scheduled. They will inform the Tribunal by Sunday, August 31, 2025, as to whether the CMC date should be converted to a settlement hearing instead.
11A CMC is scheduled to begin on Tuesday, September 9, 2025, at 10 a.m. by video to be heard together with OLT-24-001235.
12Parties 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
13Parties 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.
14Persons 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.
15Individuals 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
16The Tribunal directives set out above are so ordered.
“A. Snowdon”
a. snowdOn
member
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.