Decisions - BC Environmental Appeal Board

Alan DeFlame Barnard and Theresa Belinda Green v. Regional Water Manager

Lawrence Alta Simon and Bonnie Marlene Simon; Colin & Donna Morrison; Donald W. and Cecil R. Morrison; Mayhook Valley Ranch Ltd.; Regional Wildlife Manager, Third Parties

Decision Type:
Consent order

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2000wat018a_019a_020a.pdf

Date Decision Issued:
2007-12-04

File Number:

Decision Number:
2000-WAT-018(a)

Act:

Water Act
Leonard G. Whyte v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007wil001a.pdf

Date Decision Issued:
2007-10-31

File Number:

Decision Number:
2007-WIL-001(a)

Act:

Wildlife Act
Gordon Planedin v. Deputy Controller of Water Rights

Powerhouse Developments Inc., Third Party

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat012a.pdf

Date Decision Issued:
2007-10-31

File Number:

Decision Number:
2006-WAT-012(a)

Act:

Water Act
Chief Wayne Christian, on behalf of the Splatsin First Nation v. Director, Environmental Management Act

Monty Lee Andrew Willis, Third Party

Decision Type:
Application for costs

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema004b.pdf

Date Decision Issued:
2007-10-17

File Number:

Decision Number:
2007-EMA-004(b)

Act:

Environmental Management Act
Rod Parkin v. Assistant Director, Fish and Wildlife Branch

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil017a.pdf

Date Decision Issued:
2007-10-11

File Number:

Decision Number:
2006-WIL-017(a)

Act:

Wildlife Act
Christopher & Brigit Chart v. Regional Water Manager

Barry & Marilyn Burgoon; Helen Elzinga, Third Parties McFayden Creek Water Users Community, Participant

Decision Type:
Charts Application

GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat024a_025a_026a.pdf

Date Decision Issued:
2007-09-17

File Number:

Decision Number:
2005-WAT-026(a)

Act:

Water Act
Barry & Marilyn Burgoon and Helen Elzinga v. Regional Water Manager

Christopher & Brigit Chart, Third Parties McFayden Creek Water Users Community, Participant

Decision Type:
Charts Application

GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat024a_025a_026a.pdf

Date Decision Issued:
2007-09-17

File Number:

Decision Number:
2005-WAT-024(a) 2005-WAT-025(a)

Act:

Water Act
Double 00 Ranch Ltd. v. Assistant Regional Water Manager

Linda Olsen; Lenore M. Scheck and Patrick G. Scheck; Allan Fridlington and Ernest Fridlington; David R. Wootten and Gertrude M. Wootten, Third Parties Green Mountain Ranch Co. Ltd.; Quesnel Timber Management Ltd.; Beaver Pass Excavating Ltd.; CN Railway; Ministry of Transportation; Allan Thideman and Ruth Thideman; Ralph Zwicker; Ron Tibbles, Participants

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat010a.pdf

Date Decision Issued:
2007-09-10

File Number:

Decision Number:
2006-WAT-010(a)

Act:

Water Act
Brian Chanski v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil019a.pdf

Date Decision Issued:
2007-08-29

File Number:

Decision Number:
2006-WIL-019(a)

Act:

Wildlife Act
Chief Wayne Christian, on behalf of the Splatsin First Nation v. Director, Environmental Management Act

Monty Lee Andrew Willis, Third Party

Decision Type:
Preliminary issue of jurisdiction

APPEALS WILL BE HEARD TOGETHER, STANDING OF BOTH APPELLANTS TO BRING THEIR APPEALS IS CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema004a_005a.pdf

Date Decision Issued:
2007-08-22

File Number:

Decision Number:
2007-EMA-004(a)

Act:

Environmental Management Act
Peter Kruyk and Carolyn A. Broad v. Director, Environmental Management Act

Monty Lee Andrew Willis, Third Party

Decision Type:
Preliminary issue of jurisdiction

APPEALS WILL BE HEARD TOGETHER, STANDING OF BOTH APPELLANTS TO BRING THEIR APPEALS IS CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema004a_005a.pdf

Date Decision Issued:
2007-08-22

File Number:

Decision Number:
2007-EMA-005(a)

Act:

Environmental Management Act
Darvonda Nurseries Ltd. v. District Director of the Greater Vancouver Regional District

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006ema007a.pdf

Date Decision Issued:
2007-07-27

File Number:

Decision Number:
2006-EMA-007(a)

Act:

Environmental Management Act
Daniel Sullivan c.o.b. Sullivan’s Fumigation Services and Sullivan’s Agricultural Services Inc. v. Senior Pesticide Management Officer

Decision Type:
Consent order

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ipm001a_002a.pdf

Date Decision Issued:
2007-07-12

File Number:

Decision Number:
2007-IPM-001(a) 2007-IPM-002(a)

Act:

Integrated Pesticide Management Act
Ed Ilnicki v. Director, Environmental Management Act

Peter John Singh Dhaliwal; Rajinder Singh Dhaliwal; Jang Singh Dhaliwal and Ajmer Kaur Dhaliwal, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006ema012a.pdf

Date Decision Issued:
2007-07-12

File Number:

Decision Number:
2006-EMA-012(a)

Act:

Environmental Management Act
David Avren v. Regional Water Manager

Teresa Elaine Erb, Third Party Bud and Colleen Dovey; Vladi and Shirley Vagels; Douglas J. Grant, Participants

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat003a_004a_005b.pdf

Date Decision Issued:
2007-06-29

File Number:

Decision Number:
2006-WAT-003(a)

Act:

Water Act
Estate of Tom Bradbury v. Regional Water Manager

Teresa Elaine Erb, Third Party; Bud and Colleen Dovey; Vladi and Shirley Vagels; Douglas J. Grant, Participants

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat003a_004a_005b.pdf

Date Decision Issued:
2007-06-29

File Number:

Decision Number:
2006-WAT-004(a)

Act:

Water Act
Mary Desmond on behalf of Glen Ellen Bentley v. Regional Water Manager

Teresa Elaine Erb, Third Party; Bud and Colleen Dovey; Vladi and Shirley Vagels; Douglas J. Grant, Participants

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat003a_004a_005b.pdf

Date Decision Issued:
2007-06-29

File Number:

Decision Number:
2006-WAT-005(b)

Act:

Water Act
Erwin Adolph Klapper v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil003a.pdf

Date Decision Issued:
2007-06-11

File Number:

Decision Number:
2006-WIL-003(a)

Act:

Wildlife Act
Shell Canada Products Limited: Imperial Oil Limited v. Director, Environmental Management Act, Ministry of Environment

BC Hydro and Power Authority; BC Rail Ltd.; City of Quesnel, Third Parties

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006ema013a_014a.pdf

Date Decision Issued:
2007-06-11

File Number:

Decision Number:
2006-EMA-013(a) 2006-EMA-014(a)

Act:

Environmental Management Act
BC Hydro and Power Authority v. Director, Environmental Management Act

Ocean Construction Supplies Ltd.; 427958 B.C. Ltd. doing business as Super Save Group of Companies, Third Parties

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006ema008a.pdf

Date Decision Issued:
2007-06-05

File Number:

Decision Number:
2006-EMA-008(a)

Act:

Environmental Management Act
Treaty 8 Tribal Association v. Director, Environmental Management Act

CCS Inc. doing business as CCS Energy Services, Third Party

Decision Type:
Stay decision

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema003a.pdf

Date Decision Issued:
2007-04-26

File Number:

Decision Number:
2007-EMA-003(a)

Act:

Environmental Management Act
Michael Winger v. Regional Manager

Akisqnuk First Nation, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil018a.pdf

Date Decision Issued:
2007-04-12

File Number:

Decision Number:
2006-WIL-018(a)

Act:

Wildlife Act
Rajinder Mann v. Assistant Regional Water Manager

City of Abbotsford, Third Party Western Canada Wilderness Committee; Central Valley Naturalists, Applicants

Decision Type:
Application for participant status

GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat007a_2007wat001a.pdf

Date Decision Issued:
2007-03-26

File Number:

Decision Number:
2006-WAT-007(a) 2007-WAT-001(a)

Act:

Water Act
Pacific Northwest Raptors Inc. v. Regional Manager and Director Ministry of Environment

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil005a_016a.pdf

Date Decision Issued:
2007-01-12

File Number:

Decision Number:
2006-WIL-005(a) 2006-WIL-016(a)

Act:

Wildlife Act
Houweling Nurseries Limited v. District Director of the Greater Vancouver Regional District

Roger Elmsley, Third Party Corporation of Delta, Participant

Decision Type:
Application to introduce new evidence

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2003was004b.pdf

Date Decision Issued:
2007-01-11

File Number:

Decision Number:
2003-WAS-004(b)

Act:

Waste Management Act
Calvin Scouten v. Deputy Director

Decision Type:
Preliminary application

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wil009a.pdf

Date Decision Issued:
2006-11-28

File Number:

Decision Number:
2005-WIL-009(a)

Act:

Wildlife Act
Ed Ilnicki v. Director, Environmental Management Act

Henry Rempel and Lexington Properties Ltd., Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006ema004a.pdf

Date Decision Issued:
2006-11-21

File Number:

Decision Number:
2006-EMA-004(a)

Act:

Environmental Management Act
Canadian Pacific Railway v. Deputy Director of Waste Management

British Columbia Hydro and Power Authority; General Chemical Canada Ltd.; North Fraser Port Authority; BC Lands (now the Ministry of Agriculture and Lands); CGC Inc.; GN Industries Inc. and Thomas Lawson; Hal Industries Inc; Lehigh Portland Cement Limited and Ocean Construction Supplies Ltd.; Norelco Dames and Moore; Zeal Industries (1974) Ltd., Third Parties

Decision Type:
Final decision

APPEAL DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999was046a.pdf

Date Decision Issued:
2006-10-18

File Number:

Decision Number:
1999-WAS-046(a)

Act:

Waste Management Act
Ritchey Elliott v. Assistant Director, Fish and Wildlife Branch

Decision Type:
Final decision

PERMIT ISSUED IS CONFIRMED, APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil013a.pdf

Date Decision Issued:
2006-09-28

File Number:

Decision Number:
2006-WIL-013(a)

Act:

Wildlife Act
North Peace Clean Air Association v. Director of Waste Management

Canfor-LP OSB (G.P.) Corp., Third Party

Decision Type:
Preliminary issue of standing

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005ema009a.pdf

Date Decision Issued:
2006-09-13

File Number:

Decision Number:
2005-EMA-009(a)

Act:

Environmental Management Act
John Wallace v. Regional Manager

Gary Gow; Ned Cooper; Luigi Musso; Kelly Laatsch; Paul Samycia; Barry Rogers, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil006a_007a_009a_010a.pdf

Date Decision Issued:
2006-07-27

File Number:

Decision Number:
2006-WIL-009(a)

Act:

Wildlife Act
Stephen Kim Sedrovic v. Regional Manager

Gary Gow; Ned Cooper; Luigi Musso; Kelly Laatsch; Paul Samycia; Barry Rogers, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil006a_007a_009a_010a.pdf

Date Decision Issued:
2006-07-27

File Number:

Decision Number:
2006-WIL-010(a)

Act:

Wildlife Act
Brian Larsen v. Regional Manager

Gary Gow; Ned Cooper; Luigi Musso; Kelly Laatsch; Paul Samycia; Barry Rogers, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil006a_007a_009a_010a.pdf

Date Decision Issued:
2006-07-27

File Number:

Decision Number:
2006-WIL-006(a)

Act:

Wildlife Act
Jason Smith v. Regional Manager

Gary Gow; Ned Cooper; Luigi Musso; Kelly Laatsch; Paul Samycia; Barry Rogers, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil006a_007a_009a_010a.pdf

Date Decision Issued:
2006-07-27

File Number:

Decision Number:
2006-WIL-007(a)

Act:

Wildlife Act
Keith Connors v. Regional Manager

Decision Type:
Consent order

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil015a.pdf

Date Decision Issued:
2006-07-20

File Number:

Decision Number:
2006-WIL-015(a)

Act:

Wildlife Act
Mary Desmond on behalf of the Shawnigan Lake Watershed Watch Association v. Regional Water Manager

Teresa Elaine Erb, Licence Holder Estate of Tom Bradbury; David Avren, Third Parties

Decision Type:
Preliminary issue of standing

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat005a.pdf

Date Decision Issued:
2006-07-05

File Number:

Decision Number:
2006-WAT-005(a)

Act:

Water Act
Richard Webster v. Regional Wildlife Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wil028a.pdf

Date Decision Issued:
2006-04-13

File Number:

Decision Number:
2005-WIL-028(a)

Act:

Wildlife Act
Anna Fontana v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil001a.pdf

Date Decision Issued:
2006-03-24

File Number:

Decision Number:
2006-WIL-001(a)

Act:

Wildlife Act
Rolf Bettner on behalf of Haida Gwaii Marine Resources Group Association v. Director, Environmental Management Act

Husby Forest Products Ltd., Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005ema007a.pdf

Date Decision Issued:
2006-03-20

File Number:

Decision Number:
2005-EMA-007(a)

Act:

Environmental Management Act
Dave Wiens v. Regional Manager, Fish and Wildlife

Clifford Andrews, Jeff Browne, Third Parties British Columbia Wildlife Federation, Participant

Decision Type:
Final decision

APPLICATION FOR COSTS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wil020b_026b.pdf

Date Decision Issued:
2006-03-09

File Number:

Decision Number:
2005-WIL-020(b) 2005-WIL-026(b)

Act:

Wildlife Act
Fritz Ernest Wirtz, Sr. v. Deputy Director of Wildlife

Decision Type:
Consent order

STAY LIFTED; PENALTY REDUCED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wil023a.pdf

Date Decision Issued:
2006-03-09

File Number:

Decision Number:
2005-WIL-023(a)

Act:

Wildlife Act
B.C. Cattle Co. Ltd. v. Assistant Regional Water Manager, Land and Water British Columbia Inc.

Fish and Wildlife Branch, Ministry of Environment, Third Party Cutter Ranch; Robert Willis; C & A Mink Ranch; Cleave Cattle Co. Inc.; Linda Manning; Mann Creek Ranch, Participants

Decision Type:
Final decision

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2003wat002a.pdf

Date Decision Issued:
2006-01-25

File Number:

Decision Number:
2003-WAT-002(a)

Act:

Water Act
Gordon Silverthorne v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wil027a.pdf

Date Decision Issued:
2006-01-24

File Number:

Decision Number:
2005-WIL-027(a)

Act:

Wildlife Act
Donald (Steve) Graham v. Director, Waste Management Act

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005ema010a.pdf

Date Decision Issued:
2006-01-24

File Number:

Decision Number:
2005-EMA-010(a)

Act:

Environmental Management Act
Petro-Canada v. Assistant Regional Waste Manager; Deputy Director of Waste Management

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2004was001a_002a.pdf

Date Decision Issued:
2006-01-17

File Number:

Decision Number:
2004-WAS-001(a) 2004-WAS-002(a)

Act:

Waste Management Act
Randall M. Smith v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wil019a.pdf

Date Decision Issued:
2006-01-05

File Number:

Decision Number:
2005-WIL-019(a)

Act:

Wildlife Act
Kenneth and Suzan Basso v. Regional Water Manager

Decision Type:
Final decision

ORDER CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat027a.pdf

Date Decision Issued:
2005-12-29

File Number:

Decision Number:
2005-WAT-027(a)

Act:

Water Act
Western Canoeing & Kayaking Inc. v. Director, Environmental Management Act

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005ema006a.pdf

Date Decision Issued:
2005-12-19

File Number:

Decision Number:
2005-EMA-006(a)

Act:

Environmental Management Act
Randall (Randy) K. McRoberts v. Assistant Regional Water Manager

Zehnder Farms Ltd.; NathanLee Forest and Farms Inc., Third Parties

Decision Type:
Final decision

ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat013a.pdf

Date Decision Issued:
2005-12-14

File Number:

Decision Number:
2005-WAT-013(a)

Act:

Water Act
Leslie Clifford Loring v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wil008a.pdf

Date Decision Issued:
2005-11-29

File Number:

Decision Number:
2005-WIL-008(a)

Act:

Wildlife Act

Acts