• Canadian National Railway Company v. Director of Waste Management

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Atlantic Industries Ltd.; Beazer East, Inc.; Land and Water BC Inc.; North Fraser Port Authority; Province of British Columbia; The Queen in Right of Canada, Third Parties


    Decision Date: October 23, 2002

    Panel: Alan Andison

    Keywords: Waste Management Act – ss. 27(4), 27.1, 43 – definition of “decision”, 44; jurisdiction; appealable decision

    The Appellants filed separate appeals of a decision in a letter (the “Letter”), issued by the Director of Waste Management, denying Canadian National Railway Company’s application to add four persons to a remediation order.

    The question before the Board was whether the Board had jurisdiction to accept the appeals. The Province, Land and Water B.C. Inc., and the Director all submitted that the Letter was not an appealable “decision” within the meaning of section 43 of the Waste Management Act.

    The Board found that the Letter did not constitute an appealable decision. In particular, the Board found that the reasoning in both Canadian National Railway Company v. Regional Waste Manager (Appeal No. 2001-WAS-025) and Britannia Mines and Reclamation Corp. v. Director of Waste Management (Appeal No. 2002-WAS-008(a)) applied to this case. That is, the meaning of “decision” in section 43 is exhaustive, and a decision must fall under one of the categories listed in section 43 in order to be appealed. The failure or refusal of a director to “exercise a power” is not an appealable decision within section 43. Therefore, the Board found that the Letter stating the Director’s refusal to name additional responsible persons to the remediation order, does not constitute an appealable “decision.”

    The appeals were dismissed.