Celgar Pulp Company appealed and sought a stay of a decision of the Deputy Director of Waste Management that required Celgar to institute a comprehensive emissions monitoring program of its kraft pulp mill in Castlegar, B.C. Celgar argued that a stay of the decision should be granted, pending a decision on the appeal, because the new monitoring and modelling would duplicate studies Celgar had already undertaken at a cost of $200,000. In addition, the cost of installing the monitoring equipment would be up to $5 million. Celgar also submitted that the requirement to do continuous nitrogen dioxide monitoring would not be a useful parameter and that the time frame for complying with the monitoring requirements was too vague to be followed.
The Board found that the decision could result in irreparable harm to Celgar due to the costs that it would incur in complying with the Deputy Director’s decision. The Board found that the failure to immediately implement the monitoring program, or the other requirements, would not result in foreseeable risk to the environment or to the local population. The Board found that the monitoring program could result in changes to the discharge from Celgar’s operation only at some unknown time in the future.
On a balance of convenience, the Board favoured granting a stay.