Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 20, 2025
CASE NO(S).: OLT-24-001110
PROCEEDING COMMENCED UNDER section 129(1) of the Safe Drinking Water Act, 2002, S.O. 2002, c. 32, as amended
Appellant: Sandy Mountain Campsites Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Notice of refusal to approve an application for relief from regulatory requirements
Reference No.: 0788-D4SGY5
Property Address/Description: 10152 County Road 43, Mountain
Municipality/Upper Tier: North Dundas/Stormont, Dundas and Glengarry
OLT Case No.: OLT-24-001110
OLT Lead Case No.: OLT-24-001110
OLT Case Name: Sandy Mountain Campsites Ltd. v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Sandy Mountain Campsites Ltd.
Request for: Motion for Discovery
Heard: In writing
Parties
Counsel/Representative*
Sandy Mountain Campsites Ltd.
Sarah Skinner*
Director, Ministry of the Environment, Conservation and Parks
Madeline Richie
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This proceeding consists of an appeal filed by Sandy Mountain Campsites Ltd. (“Appellant”) under s. 129(1) of the Safe Drinking Water Act, 2002. The appeal arises from a refusal by the Director (“Director”), Ministry of the Environment, Conservation and Parks (“MECP”), to approve an application for relief from regulatory requirements for water sampling at the property located at 10152 County Road 43, in the Township of North Dundas, in the United Counties of Stormont, Dundas and Glengarry.
2The Appellant has brought a motion seeking an Order requiring the Director to disclose documents and records in their possession, control, or power pertaining to the request for relief. The request for relief was made by the Appellant in 2024. The Appellant also previously made a similar request for relief in 2015. The Appellant seeks disclosure of all information relating to these relief requests, including, but not limited to, all reports, orders, notices, emails, notes, documents, and related correspondence.
BACKGROUND
3In 2015, the Appellant applied for regulatory relief in relation to its property from certain water sampling requirements in Ontario Regulation No. 170/03 on Drinking Water Systems made under the Safe Drinking Water Act, 2002. The Director refused the application.
4On March 27, 2024, the Appellant made a similar request for regulatory relief from water sampling requirements in Ontario Regulation No. 170/03, which, again, the Director refused.
5The Appellant apparently did not appeal the Director’s refusal in 2015. However, it did appeal the 2024 refusal, which is the subject matter of this proceeding.
6On January 21, 2025, the Tribunal held a Case Management Conference in this proceeding, which resulted in the Tribunal’s approval of a Procedural Order. The Procedural Order governs the process to be followed in the lead up to the hearing on the merits of the appeal, which is scheduled to commence in October 2025.
7Paragraph 9 of the Tribunal’s Procedural Order, which was issued on January 27, 2025, addresses the disclosure of documents. It states:
- Disclosure: The parties shall provide all other parties a copy of every document that is in their possession, control or power relevant to the subject matter of the appeal (except privileged documents) on or before July 15, 2025. Documentary disclosure will include an index of documents.
8On July 9, 2025, the Director provided the Appellant with the Director’s documents. Upon receipt of the Director’s disclosure, the Appellant raised concerns that materials were missing. It contacted counsel for the Director and requested further disclosure. In particular, it requested disclosure of materials relating to the 2015 application for relief. Counsel for the Director responded that the requested additional materials are not relevant.
THE MOTION
9On July 24, 2025, the Appellant filed its motion seeking disclosure of documents from the Director. The Appellant’s grounds for the motion are that the requested documents are relevant and material to the dispute. It submits that the Director has disclosed related documents, which refer to or imply the existence of additional undisclosed materials. The Appellant argues that the Director has not complied with paragraph 9 of the Procedural Order, which, as set out above, requires all Parties to provide the other Parties with a copy of every document that is in their possession, control, or power relevant to the subject matter of the appeal. It argues that the Director’s failure to disclose the materials undermines procedural fairness.
10The Director opposes the motion. The Director argues that the requested materials are not relevant. The Director submits that the Appellant has not demonstrated that the Director failed to disclose relevant documents that are necessary to the disposition of the issues in the appeal. The Director also argues that the Appellant has not provided evidence that it requested the documents prior to the filing of the motion. The Director argues that Rule 9 of the Tribunal’s Rules states that the Tribunal may only order disclosure if the party has requested information and it has been refused. The Director submits that the onus lies on the moving party to provide affidavit evidence demonstrating its efforts to obtain the information.
ANALYSIS AND FINDINGS
11The Tribunal finds that the requested documents are relevant to the subject matter of the appeal and that copies must be provided to the Appellant. Based on the Director’s own submissions and documents, the Appellant’s requests for relief from the water sampling requirements in Ontario Regulation No. 170/03 in 2015 and 2024 are similar and relate to the same property. The Tribunal must take a consistent and fair approach and consider all of the evidence when considering applications for relief from water sampling requirements. Based on this, the materials and considerations that were taken into account by the Director when assessing the 2015 application for the same property are relevant when assessing whether relief should be granted under the 2024 application. As demonstrated by the Appellant, the Director made reference to the 2015 application in the materials that it has already disclosed and makes no argument that these materials were mistakenly disclosed or are not relevant. The evidence before the Tribunal demonstrates that the Appellant has requested fuller disclosure and that this request was refused, resulting in the motion presently before the Tribunal. The Tribunal finds that the requested materials relate to the issues between the Parties, are useful, and are likely to contribute to resolving the issues.
12If the Director is of the view that any of the requested documents are privileged, the Director shall compile and provide to the Appellant a list of those privileged documents accompanied by an explanation setting out why privilege is claimed for each.
ORDER
13THE TRIBUNAL ORDERS THAT the Appellant’s motion is granted and, subject to any claims of privilege, the Director is directed to forthwith disclose to the Appellant the following documents and records that are in their power, possession, or control:
All information pertaining to the Appellant’s 2015 and 2024 applications for relief. These materials should include, but are not limited to, all reports, orders, notices, emails, notes, documents, and related correspondence.
14THE TRIBUNAL DIRECTS THAT if the Director is of the view that any of the requested documents are privileged, the Director must compile a list of those privileged documents accompanied by an explanation setting out the basis for why privilege is claimed for each and provide it to the Appellant forthwith.
“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.