Decision Date: October 30, 2001

Panel: Alan Andison

Keywords: Waste Management Act – ss. 43, 44; ministerial decision; jurisdiction; preliminary matter; noncompliance report

The Appellant appealed the naming of its operation in an Environmental Protection Non-compliance Report (the “Report”). The Board requested that the parties provide submissions with respect to whether the naming of the Appellant in the Report constituted an appealable decision under section 43 of the Waste Management Act (the “Act “).

The Board found that the naming of the Appellant in the Report did not constitute a “decision” within the meaning of section 43 of the Act. Rather, it was an administrative measure to identify operations whose compliance record was of concern to the Ministry of Water, Land and Air Protection, and was based on information from such sources as inspections, reviews of data and audits.

The Board also found that naming the Appellant in the Report was not an exercise of discretion made by a manager, director or district director, as required under section 44 of the Act. Rather, it was a ministerial decision, which is not subject to appeal pursuant to section 44(2) of the Act. Therefore, the Board did not have the jurisdiction to hear the matter and, accordingly, dismissed the appeal.