A permit was issued to the South Surrey Independent School Society to construct a sewage disposal system for a proposed school. The permit was issued for the purpose of constructing a wastewater holding tank. The Board received 17 appeals against the permit from residents in the South Surrey area. Three of the Appellants requested a stay of the permit pending the hearing of the appeal.
The Board noted that section 11 of the Environmental Management Act directs that the Board may hear appeals which are authorized to the Board under the provisions of any other enactment and that in relation to those appeals the Board has the powers given to it by that other enactment. Unlike other enactments which apply to the Board, the Health Act is silent with regard to stays. On this basis, the Board concluded that there is no statutory authority for it to issue stays on appeals brought under the Health Act. The Board also considered whether it had implied authority to grant stays on appeals brought under the Health Act and concluded that it did not.