Decision Date: January 20, 2000
Panel: Toby Vigod
Keywords: Waste Management Act – ss.13, 14; transfer of permit; duty of fairness
Lion Park Properties Ltd. appealed a decision of the Assistant Regional Waste Manager to issue an amended waste management permit to the permit holders, 438081 B.C. Ltd. and the Regional District of the Central Okanagan. Lion Park was the named permittee prior to the amendment at issue and sought an order that the original permit be restored to Lion Park as previously constituted, or that the Board vary the amended permit, or issue a separate permit for the hotel it was developing.
The original permit authorized Lion Park to discharge effluent generated from a proposed hotel. Lion Park and the other companies involved, including 438081 B.C. Ltd., subsequently entered into agreements for the comprehensive development of the hotel, a wellness centre, and RV trailer park. 438081 B.C. Ltd. applied for, and was issued, an amended waste permit to reflect the expanded scope of development. The amended permit authorized an effluent disposal system designed to service all three proposed developments. Lion Park appealed the issuance of the amended permit on the grounds that it was not given an opportunity to be heard before the amended permit was issued, and that it did not give its formal consent to the amendment creating a single permit for all three development projects. Lion Park requested an order that would allow it to proceed with the development of the hotel development, and possibly the wellness centre, independently of the RV Park.
The Board found that the amendment effectively transferred the permit from Lion Park Ltd. to 438081 B.C. Ltd., and that Lion Park had consented to the transfer. The Board found that while the terms of the application request were either not communicated clearly to Lion Park by 438081 Ltd., or they were not understood by Lion Park until after the amendment was issued, this was not an error of law. Therefore, the Assistant Manager did not fail to comply with his duty to act fairly. Furthermore, the Board found that the Assistant Manager’s amendment of the permit was guided by a concern for the protection of the environment as required by section 13 of the Waste Management Act and, therefore, it was reasonable in the circumstances. Based on these findings, the Board confirmed the decision of the Assistant Manager to amend the original permit. The appeal was dismissed.