Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 12, 2025
CASE NO(S).: OLT-23-000590
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. c. O.40
Appellant: Ontario Graphite Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference No.: Penalty Order No. 274
Property Address/Description: 2142 Forestry Tower Road
Municipality/Upper Tier: Kearney/Parry Sound
OLT Case No.: OLT-23-000590
OLT Lead Case No: OLT-23-000590
OLT Case Name: Ontario Graphite Ltd. v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant: Ontario Graphite Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number: Penalty Order No. 279
Property Address: 2142 Forestry Tower Road
Municipality/UT: Kearney/Parry Sound
OLT Case No.: OLT-24-000116
OLT Lead Case No.: OLT-23-000590
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant: Ontario Graphite Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number: Penalty Order No. 280
Property Address: 2142 Forestry Tower Road
Municipality/UT: Kearney/Parry Sound
OLT Case No.: OLT-24-000117
OLT Lead Case No.: OLT-23-000590
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant: Ontario Graphite Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number: Penalty Order No. 281
Property Address: 2142 Forestry Tower Road
Municipality/UT: Kearney/Parry Sound
OLT Case No.: OLT-24-000118
OLT Lead Case No.: OLT-23-000590
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant: Ontario Graphite Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number: Penalty Order No. 282
Property Address: 2142 Forestry Tower Road
Municipality/UT: Kearney/Parry Sound
OLT Case No.: OLT-24-000266
OLT Lead Case No.: OLT-23-000590
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant: Ontario Graphite Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number: Penalty Order No. 283
Property Address: 2142 Forestry Tower Road
Municipality/UT: Kearney/Parry Sound
OLT Case No.: OLT-24-000319
OLT Lead Case No.: OLT-23-000590
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant: Ontario Graphite Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: An Environmental Penalty Order issued for contaminated water emitted from a former graphite mine
Reference Number: Penalty Order No. 284
Property Address: 2142 Forestry Tower Road
Municipality/UT: Kearney/Parry Sound
OLT Case No.: OLT-24-000320
OLT Lead Case No.: OLT-23-000590
Heard: September 9, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Ontario Graphite Ltd.
Mathew 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 and Order arises from a Case Management Conference (“CMC”) on September 9, 2025, regarding proceedings brought under s. 100(4) of the Ontario Water Resources Act in Tribunal Case File No(s). OLT-23-000590, OLT-24-000116, and OLT-24-000266. The proceedings arise from the issuance of Environmental Penalty Orders by the Director, Ministry of the Environment, Conservation and Parks (“Director”) regarding contaminated water allegedly emitted from a former graphite mine 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.
STATUS REQUESTS
3There were no Party or Participant status requests at the CMC.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
4The Parties have informed the Tribunal that they have reached a potential settlement and that Minutes of Settlement have been signed. However, the Parties are waiting for Tribunal Case File No(s). OLT-24-001235 and OLT-25-000015 to be resolved before finalizing this matter.
SCHEDULING
5The 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.
6A CMC is scheduled to begin on Friday, November 28, 2025, at 10 a.m. by video.
7Parties 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
8Parties 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.
9Persons 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) 497-9373or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.
10Individuals 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
11The Tribunal directives set out above are so ordered.
“A. Snowdon”
- 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.