Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 12, 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: September 9, 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 Liam McDermott (Articling Student)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON SEPTEMBER 9, 2025 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 the CMCs on March 13, 2025 and on May 27, 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.
STATUS REQUESTS
6There were no Party or Participant Status requests prior to or at the CMC.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
7At the CMC, the Appellants requested an extension to multiple deadlines within the Order. They informed the Tribunal that Order Item No(s). 1-5 have been completed, however, Order Item No(s). 6-9 are still in progress.
8The Appellants requested the following new deadlines:
Item No. 6 – November 14, 2025
Item No. 7 – November 17, 2025
Item No. 8 – September 16, 2025
Item No. 9 – September 17, 2025
9On consent of all Parties, the Tribunal agree to extend the deadline dates for these items to facilitate their completion and resolving this matter.
10The 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 above mentioned Order Items before finalizing the settlement.
SCHEDULING
11The Parties have requested that this file and Tribunal Case File No. OLT-25-000015 are to be considered separate and not to be heard together as was previously deemed. The Tribunal, on consent of all Parties, granted the request to not hear these files together.
12The Parties requested that a subsequent CMC be scheduled. They will inform the Tribunal by Wednesday, November 19, 2025, as to whether the CMC date should be converted to a settlement hearing instead.
13A CMC is scheduled to begin on Thursday, November 27, 2025, at 10 a.m. by Video Hearing to be heard before the Tribunal Case File No. OLT-25-00015.
14Parties and/or Participants and/or Observers 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/709076365
Access Code: 709-076-365
15Parties and/or Participants 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.
16Persons 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) 497-9373 or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.
17Individuals 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
18The 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.