Decision Date: April 29, 1999

Court: S.C.B.C., Clancy, J.

Cite: Vancouver Registry No. A982268

Keywords: Waste Management Act – ss. 44(1), 45(3), 45(4), 46(3); jurisdiction; standing; standard of review; Pushpanathan v. Canada (Minister of Citizenship and Immigration) (SCC, 1998)

This was a judicial review of a decision of the Environmental Appeal Board upholding a decision of the Deputy Director of Waste Management to extend the time for Terry Jacks to file an appeal against an amended waste permit, and granting Mr. Jacks standing to appeal. Howe Sound Pulp and Paper Ltd. sought an order setting aside the decision of the Board, a declaration that Mr. Jacks had no standing to appeal the amended permit, and a declaration that the time to commence the appeal should not have been extended for Mr. Jacks.

The Court found that the test for standing articulated by the Board was appropriate, and that the question of whether “residency and proximity” were a sufficient basis for a determination that Mr. Jacks had standing was for the Board to decide. Further, the Court held that the question before the Board was one of mixed fact and law, and in determining such questions, the weight to be given to each factor is a matter for the Board to decide. The Court held that the appropriate standard of review is that of patent unreasonableness. As the Court found no defect apparent on the face of the Board’s decision, the Court deferred to the expertise of the Board and held that the Board’s finding should not be disturbed.

With respect to the extension of time to appeal, the Court found that the appropriate standard of review is also that of patent unreasonableness. The Court found that the test adopted by the Board was appropriate, and that the conclusion was reasonable on its face. Therefore, the Court held that the Board’s decision should not be set aside. The petition was dismissed.