Decisions - BC Environmental Appeal Board

Canadian Pacific Railway Company v. Engineer under the Water Act

John Pozer and Lorraine Jamison; Vaughan Clements and Sheriden Clements; Attorney General of Canada (Minister of Fisheries and Oceans), Third Parties

Decision Type:
Stay decision

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/2010wat014a.pdf

Date Decision Issued:
2010-08-30

File Number:

Decision Number:
2010-WAT-014(a)

Act:

Water Act
Larry Hall v. Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil020a.pdf

Date Decision Issued:
2010-08-30

File Number:

Decision Number:
2010-WIL-020(a)

Act:

Wildlife Act
Arthur Thompson v. Regional Wildlife Manager

BC Wildlife Federation, Participant

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil005a.pdf

Date Decision Issued:
2010-08-30

File Number:

Decision Number:
2010-WIL-005(a)

Act:

Wildlife Act
455161 BC Ltd. v. Director, Environmental Management Act

Decision Type:
Preliminary issue of jurisdiction by the respondent

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema007a.pdf

Date Decision Issued:
2010-08-25

File Number:

Decision Number:
2010-EMA-007(a)

Act:

Environmental Management Act
Warron Bridger v. Assistant Regional Water Manager

Regional District of East Kootenay, Third Party Howard W. and Diane R. Pickerings; Gary J. Olafson, Participants

Decision Type:
Final decision

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat013a.pdf

Date Decision Issued:
2010-08-04

File Number:

Decision Number:
2009-WAT-013(a)

Act:

Water Act
Steven Hoessl; Allan Tew; Hans Albert Jacobs; Richard Braun; Start G. Maitland; Jim Linnell; Darrel Collins; Brent Giles; Bradley R. Bowden; Chris Franke; Kevan Bracewell; David Harrington; Al Madley; Stewart Fraser; Frank Thiel; Dave Altherr; David Dorsey Jr. v. Regional Wildlife Manager

BC Wildlife Federation; Cariboo Chilcotin Guide Outfitters Association, Participants

Decision Type:
FINAL DECISION

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009will003ato017a_019a_020a.pdf

Date Decision Issued:
2010-08-03

File Number:

Decision Number:
2009-WIL-003(a) 2009-WIL-004(a) 2009-WIL-005(a) 2009-WIL-006(a) 2009-WIL-007(a) 2009-WIL-008(a) 2009-WIL-009(a) 2009-WIL-010(a) 2009-WIL-011(a) 2009-WIL-012(a) 2009-WIL-013(a) 2009-WIL-014(a) 2009-WIL-015(a) 2009-WIL-016(a) 2009-WIL-017(a) 2009-WIL-019(a) 2009-WIL-020(a)

Act:

Wildlife Act
Barry Burgoon, Marilyn Burgoon and Helen Elzinga; Christopher & Birgit Chart v. Regional Water Manager

McFayden Creek Water Users Community, Participant

Decision Type:
FINAL DECISION

2005-WAT-024 APPEAL DISMISSED, 2005-WAT-025 APPEAL DISMISSED, 2005-WAT-026 APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat024c_025c_026c.pdf

Date Decision Issued:
2010-06-28

File Number:

Decision Number:
2005-WAT-024(c) 2005-WAT-025(c) 2005-WAT-026(c)

Act:

Water Act
David Harris and Dennis Bremner in their individual capacities and on behalf of certain members of the Powell River Legacy; Patricia Picken; Dr. F. Andrew Davis; Rhonda Alton v. Director, Environmental Management Act

Catalyst Paper Corporation and Catalyst Paper Operations Limited dba Catalyst, Paper General Partnership, Permit Holder

Decision Type:
Final decision

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema009a_010a_011a_013a.pdf

Date Decision Issued:
2010-06-11

File Number:

Decision Number:
2008-EMA-009(a) 2008-EMA-010(a) 2008-EMA-011(a) 2008-EMA-013(a)

Act:

Environmental Management Act
Boliden Limited v. Regional Water Manager

Regional Power Inc., Third Party

Decision Type:
Preliminary issue to hold appeal in abeyance

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat011a.pdf

Date Decision Issued:
2010-05-17

File Number:

Decision Number:
2009-WAT-011(a)

Act:

Water Act
Wendy Coons and Lee Cornelius v. Assistant Regional Water Manager

Glen E. Franz and Donna L. Thompson; Melvin A. and Dorothy Hobbs, Third Parties

Decision Type:
Stay application

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wat005a.pdf

Date Decision Issued:
2010-04-27

File Number:

Decision Number:
2010-WAT-005(a)

Act:

Water Act
Caryl and Jeff Jones v. Administrator, Integrated Pest Management Act

Minister of Forests and Range, Permit Holder

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ipm001a.pdf

Date Decision Issued:
2010-04-14

File Number:

Decision Number:
2010-IPM-001(a)

Act:

Integrated Pesticide Management Act
Dale F. Anderson v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil028a.pdf

Date Decision Issued:
2010-03-31

File Number:

Decision Number:
2009-WIL-028(a)

Act:

Wildlife Act
Ruth Madsen v. Director, Environmental Management Act

Aboriginal Cogeneration Corporation, Third Party/Permit Holder

Decision Type:
Preliminary issues of jurisdiction (standing and time to appeal)

JURISDICTION CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema002a.pdf

Date Decision Issued:
2010-03-22

File Number:

Decision Number:
2010-EMA-002(a)

Act:

Environmental Management Act
Western Canada Computer Industry Association v. Director, Environmental Management Act

Decision Type:
Final decision

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema003a.pdf

Date Decision Issued:
2010-03-18

File Number:

Decision Number:
2009-EMA-003(a)

Act:

Environmental Management Act
Shuswap-Thompson Organic Producers Association v. Director, Environmental Management Act

Domtar Pulp and Paper Products Inc., Third Party/Permit Holder

Decision Type:
Preliminary issue of jurisdiction (standing)

APPEAL REJECTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema012a.pdf

Date Decision Issued:
2010-03-10

File Number:

Decision Number:
2009-EMA-012(a)

Act:

Environmental Management Act
Don Dickson, Brenda Belak, Sheila Craigie and Blair Redlin v. District Director of the Greater Vancouver Regional District

West Coast Reduction Ltd., Third Party

Decision Type:
Final decision

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema008b_2008ema004b.pdf

Date Decision Issued:
2010-03-08

File Number:

Decision Number:
2007-EMA-008(b) 2008-EMA-004(b)

Act:

Environmental Management Act
West Coast Reduction Ltd v. District Director of the Greater Vancouver Regional District

Don Dickson, Brenda Belak, Sheila Craigie and Blair Redlin, Third Parties

Decision Type:
Final decision

APPEALS ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema007a_2008ema005a.pdf

Date Decision Issued:
2010-03-08

File Number:

Decision Number:
2007-EMA-007(a) 2008-EMA-005(a)

Act:

Environmental Management Act
Virginia Capot-Blanc v. Regional Manager

Marilyn Michel, Violet Markin and Kathryn Capot-Blanc; Rose Capot-Blanc, Nora Elise Duntra and Emma Williscroft, Third Party Groups Georgina Ross; Robert Capot-Blanc; Gilbert Capot-Blanc, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil024a.pdf

Date Decision Issued:
2010-02-18

File Number:

Decision Number:
2009-WIL-024(a)

Act:

Wildlife Act
Michael Bjorn Sorensen v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil029a.pdf

Date Decision Issued:
2010-02-16

File Number:

Decision Number:
2009-WIL-029(a)

Act:

Wildlife Act
Worthington Mackenzie Inc.; Daniel Alexander White v. Director, Environmental Management Act

Province of British Columbia, Third Party

Decision Type:
Stay decision

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema009b.pdf

Date Decision Issued:
2010-01-19

File Number:

Decision Number:
2009-EMA-009(b)

Act:

Environmental Management Act
Worthington Mackenzie Inc.; Daniel Alexander White v. Director, Environmental Management Act

Province of British Columbia, Third Party

Decision Type:
Preliminary application for a hearing on the record

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema009a.pdf

Date Decision Issued:
2010-01-05

File Number:

Decision Number:
2009-EMA-009(a)

Act:

Environmental Management Act
Margaret Hurst v. Administrator, Integrated Pest Management Act

Decision Type:
Prelimiary decision on jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ipm001a.pdf

Date Decision Issued:
2009-12-03

File Number:

Decision Number:
2009-IPM-001(a)

Act:

Integrated Pesticide Management Act
Ermes Culos on behalf of himself and Maria R. Martin, Alan and Gloria Mertens, Dolly Low v. Director, Environmental Management Act

Wastech Services Ltd., Village of Cache Creek, Third Parties

Decision Type:
Stay decision

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema005a.pdf

Date Decision Issued:
2009-11-25

File Number:

Decision Number:
2009-EMA-005(a)

Act:

Environmental Management Act
Allan Pierce v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil026a.pdf

Date Decision Issued:
2009-10-06

File Number:

Decision Number:
2009-WIL-026(a)

Act:

Wildlife Act
Earl Tourangeau v. Assistant Regional Water Manager

Dan Moorhead, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat009a.pdf

Date Decision Issued:
2009-08-19

File Number:

Decision Number:
2009-WAT-009(a)

Act:

Water Act
Jack Martin v. Regional Manager

Decision Type:
FINAL DECISION

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil018a.pdf

Date Decision Issued:
2009-07-28

File Number:

Decision Number:
2009-WIL-018(a)

Act:

Wildlife Act
CNT Holdings Inc. v. Director, Environmental Management Act

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema006a.pdf

Date Decision Issued:
2009-07-14

File Number:

Decision Number:
2008-EMA-006(a)

Act:

Environmental Management Act
Richard F. Horning v. Deputy Director, Wildlife

Decision Type:
Final decision

DECISION IS VARIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil001a.pdf

Date Decision Issued:
2009-06-11

File Number:

Decision Number:
2009-WIL-001(a)

Act:

Wildlife Act
Jack Leggett v. Director, Wildlife Branch

Freshwater Fisheries Society of BC; Ministry of Environment, Fisheries Program, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil022c.pdf

Date Decision Issued:
2009-05-22

File Number:

Decision Number:
2009-WIL-022(c)

Act:

Wildlife Act
Delta Cedar Products v. District Director, Greater Vancouver Regional District

Decision Type:
Consent order

STAND WITH CHANGES

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema007a.pdf

Date Decision Issued:
2009-05-07

File Number:

Decision Number:
2008-EMA-007(a)

Act:

Environmental Management Act
Jack Leggett v. Director, Fish and Wildlife

Freshwater Fisheries Society of BC, Third Party

Decision Type:
Preliminary decision: stay application and appellant’s standing

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil022a_22b.pdf

Date Decision Issued:
2009-04-28

File Number:

Decision Number:
2009-WIL-022(b)

Act:

Wildlife Act
Jack Leggett v. Director, Fish and Wildlife

Freshwater Fisheries Society of BC, Third Party

Decision Type:
Preliminary decision: stay application and appellant’s standing

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil022a_22b.pdf

Date Decision Issued:
2009-04-28

File Number:

Decision Number:
2009-WIL-022(a)

Act:

Wildlife Act
City of Cranbrook v. Assistant Regional Waste Manager

Canadian Pacific Railway, Third Party Arlene Ridge on behalf of the Fort Steele Residents, Participant

Decision Type:
Final decision

DISMISSED WITH DIRECTIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999was023c.pdf

Date Decision Issued:
2009-04-09

File Number:

Decision Number:
1999-WAS-023(c)

Act:

Waste Management Act
Pacific Northwest Raptors Ltd. v. Regional Manager

Decision Type:
Issue of jurisdiction

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil002b.pdf

Date Decision Issued:
2009-04-03

File Number:

Decision Number:
2009-WIL-002(b)

Act:

Wildlife Act
Murray Wood v. Engineer under the Water Act

Sandhill Developments Ltd.; Corporation of the Township of Langley, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat003b.pdf

Date Decision Issued:
2009-03-19

File Number:

Decision Number:
2008-WAT-003(b)

Act:

Water Act
Pacific Northwest Raptors Ltd. v. Regional Manager

Decision Type:
Stay decision

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/06/2009-WIL-002a.pdf

Date Decision Issued:
2009-02-13

File Number:

Decision Number:
2009-WIL-002(a)

Act:

Wildlife Act
Murray Johnston v. Assistant Regional Water Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat006a.pdf

Date Decision Issued:
2009-02-12

File Number:

Decision Number:
2008-WAT-006(a)

Act:

Water Act
Vann Chrysanthous v. Engineer under the Water Act

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat001a.pdf

Date Decision Issued:
2009-02-10

File Number:

Decision Number:
2008-WAT-001(a)

Act:

Water Act
Arthur Ryckman v. Director of Wildlife

Decision Type:
Consent order

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil011a.pdf

Date Decision Issued:
2009-01-21

File Number:

Decision Number:
2008-WIL-011(a)

Act:

Wildlife Act
Darryl Secret v. Director, Environmental Management Act

New Future Building Group, Inc.; Kutenai Landing Inc.; Central Waterfront Enterprises Inc., Third Parties

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema008a.pdf

Date Decision Issued:
2008-12-01

File Number:

Decision Number:
2008-EMA-008(a)

Act:

Environmental Management Act
Ray Collingwood v. Regional Manager

Decision Type:
Consent order

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil008a.pdf

Date Decision Issued:
2008-11-07

File Number:

Decision Number:
2008-WIL-008(a)

Act:

Wildlife Act
Paddy Goggins and Patricia Aldworth v. Director, Environmental Management Act

Catalyst Paper Corporation and Catalyst Pulp Operations Ltd., doing business as Catalyst Paper, General Partnership, Third Party/Permit Holder

Decision Type:
Preliminary issue of standing

REJECTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema014a.pdf

Date Decision Issued:
2008-11-06

File Number:

Decision Number:
2008-EMA-014(a)

Act:

Environmental Management Act
Dickson et al. v. District Director, Greater Vancouver Regional District

Decision Type:
Consent order

APPLICATION FOR COSTS GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema008a_2008ema004a.pdf

Date Decision Issued:
2008-11-05

File Number:

Decision Number:
2007-EMA-008(a) 2008-EMA-004(a)

Act:

Environmental Management Act
John Keays v. Director, Environmental Management Act

Catalyst Paper Corporation and Catalyst Pulp Operations Ltd., doing business as Catalyst Paper, General Partnership, Third Party

Decision Type:
Preliminary issue of standing

REJECTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema015a.pdf

Date Decision Issued:
2008-10-27

File Number:

Decision Number:
2008-EMA-015(a)

Act:

Environmental Management Act
Ann Bayles and Glen Perkins v. Assistant Regional Water Manager

Eloise Tobacca, Third Party

Decision Type:
Application for adjournment

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat005a.pdf

Date Decision Issued:
2008-10-10

File Number:

Decision Number:
2008-WAT-005(a)

Act:

Water Act
Murray Wood v. Engineer under the Water Act

Sandhill Developments Ltd.; Corporation of the Township of Langley, Third Parties

Decision Type:
Preliminary issue of standing

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat003a.pdf

Date Decision Issued:
2008-08-28

File Number:

Decision Number:
2008-WAT-003(a)

Act:

Water Act
Fishstriker Industries Ltd. v. Deputy Comptroller of Water Rights

BC Hydro and Power Authority, Third Party

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat004a.pdf

Date Decision Issued:
2008-08-14

File Number:

Decision Number:
2008-WAT-004(a)

Act:

Water Act
John and Arlene Liket v. Assistant Regional Water Manager

Joan and David Niederauer; Peter Hope Lake Strata; Gerard Guichon Ranch Ltd.; Fish and Wildlife Section (Ministry of Environment); Lillian Mitchell; Robert and Marlene Taylor, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007wat004a.pdf

Date Decision Issued:
2008-07-22

File Number:

Decision Number:
2007-WAT-004(a)

Act:

Water Act
Jack Leggett v. Director, Fish and Wildlife

Tom Wilkinson, Licence Holder

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil006a.pdf

Date Decision Issued:
2008-07-16

File Number:

Decision Number:
2008-WIL-006(a)

Act:

Wildlife Act
Kelly Hassell v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil004a.pdf

Date Decision Issued:
2008-07-04

File Number:

Decision Number:
2008-WIL-004(a)

Act:

Wildlife Act

Acts