Decisions - BC Environmental Appeal Board

Shirley M. Daigle v. Assistant Regional Water Manager

Judy and David Oliver, Third Party

Decision Type:
Stay decision

APPLICATION FOR STAY GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wat32a_36a.pdf

Date Decision Issued:
1999-09-13

File Number:

Decision Number:
99-WAT-32(a) 99-WAT-36(a)

Act:

Water Act
Doug Horth v. Assistant Regional Water Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat25.pdf

Date Decision Issued:
1999-09-09

File Number:

Decision Number:
98-WAT-25

Act:

Water Act
Delbert Secord v. Deputy Director of Waste Management

Noranda Mining and Exploration Inc., Third Party

Decision Type:
Consent order

AMENDMENTS ADDED TO PERMIT, DECISION UPHELD

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was22b.pdf

Date Decision Issued:
1999-09-01

File Number:

Decision Number:
98WAS-22(b)

Act:

Waste Management Act
Fort Nelson First Nation v. Deputy Administrator, Pesticide Control Act

Slocan Forest Products, Permit Holder

Decision Type:
Preliminary issue of board jurisdiction

RESPONDENT’S APPLICATION IS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes03b_08b.pdf

Date Decision Issued:
1999-08-31

File Number:

Decision Number:
99-PES-03(b) 99-PES-04(b) 99-PES-05(b) 99-PES-06(b) 99-PES-07(b) 99-PES-08(b)

Act:

Pesticide Control Act
Atco Lumber Ltd. v. Deputy Comptroller of Water Manager

Arrow Lakes Power Development Corporation, Third Party

Decision Type:
Consent order

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wat11b.pdf

Date Decision Issued:
1999-08-31

File Number:

Decision Number:
99-WAT-11(b)

Act:

Water Act
Duncan Devlin v. Engineer under the Water Act

Earl Devlin, Third Party

Decision Type:
Stay decision

APPLICATION FOR STAY IS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wat37a.pdf

Date Decision Issued:
1999-08-30

File Number:

Decision Number:
99-WAT-37(a)

Act:

Water Act
Fort Nelson First Nation v. Deputy Administrator, Pesticide Control Act

Ministry of Forests, Permit Holder

Decision Type:
Stay application

APPLICATION FOR STAY OF PERMITS IS GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes22a_23a.pdf

Date Decision Issued:
1999-08-27

File Number:

Decision Number:
99-PES-22(a) 99-PES-23(a)

Act:

Pesticide Control Act
Fort Nelson First Nation v. Deputy Administrator, Pesticide Control Act

Slocan Forest Products Ltd., Permit Holder

Decision Type:
Stay application

APPLICATION FOR STAY IS GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes16a_17a_18a.pdf

Date Decision Issued:
1999-08-27

File Number:

Decision Number:
99-PES-16(a) 99-PES-17(a) 99-PES-18(a)

Act:

Pesticide Control Act
North Fraser Harbour Commission; General Chemical Canada Ltd.; Thomas Lawson v. Deputy Director of Waste Management

B.C. Hydro and Power Authority; BC Lands; Canadian Pacific Railway; CBR Cement Canada Ltd. (now Lehigh Portland Cement Ltd.); Ocean Construction Supplies Ltd.; CGC Inc.; HAL Industries Inc.; Zeal Industries Ltd., Third Parties

Decision Type:
Preliminary issues of law and jurisdiction

PANEL FINDS THAT THE DEPUTY DIRECTOR HAS THE AUTHORITY TO ISSUE A REMEDIATION ORDER AGAINST A NON-RESIDENT OF BRITISH COLUMBIA

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was14b.pdf

Date Decision Issued:
1999-08-23

File Number:

Decision Number:
98WAS-14(b) 98WAS-28(a)

Act:

Waste Management Act
Fort Nelson First Nation v. Deputy Administrator, Pesticide Control Act

Ministry of Forests, Permit Holder

Decision Type:
Stay application

APPLICATION FOR STAY GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes13a_14a_15a.pdf

Date Decision Issued:
1999-08-20

File Number:

Decision Number:
99-PES-13(a) 99-PES-14(a) 99-PES-15(a)

Act:

Pesticide Control Act
Cressida Holdings Ltd. v. Assistant Regional Water Manager

Lac Le Jeune Conservation Society; BC Environment, Fish and Wildlife; Ridgemount Estates Water Users Society; Lower Nicola Indian Band; BC Parks; Fisheries and Oceans Canada; Phyllis Leese, Third Parties

Decision Type:
Consent order

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat24.pdf

Date Decision Issued:
1999-08-20

File Number:

Decision Number:
98-WAT-24

Act:

Water Act
Cadillac Fairview Corporation Ltd. v. Deputy Comptroller of Water Rights

City of Cranbrook; Gerald and Beverly Tames, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat05b.pdf

Date Decision Issued:
1999-08-20

File Number:

Decision Number:
98-WAT-05(b)

Act:

Water Act
Coast Tracker & Equipment Ltd. v. Regional Waste Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was32.pdf

Date Decision Issued:
1999-08-09

File Number:

Decision Number:
98WAS-32

Act:

Waste Management Act
Ray Partridge Trucking Ltd. v. Assistant Regional Waste Manager

Decision Type:
Final decision

APPEAL DISMISSED, ORDER IS AMENDED TO REFLECT THE NEW REMOVAL DATE

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999was27.pdf

Date Decision Issued:
1999-08-06

File Number:

Decision Number:
99WAS-27

Act:

Waste Management Act
Raincoast Research Society v. Deputy Administrator, Pesticide Control Act

International Forest Products Ltd., Permit Holder; Tsawataineuk Band Council, Third Party

Decision Type:
Stay application

APPLICATION FOR STAY IS GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes09a.pdf

Date Decision Issued:
1999-08-06

File Number:

Decision Number:
99-PES-09(a)

Act:

Pesticide Control Act
Valleyview Enterprises Ltd. v. Regional Waste Manager

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999was16.pdf

Date Decision Issued:
1999-08-03

File Number:

Decision Number:
99WAS-16

Act:

Waste Management Act
S. L. Lott v. Environmental Health Officer

Frances Walter, Permit Holder

Decision Type:
Final decision

APPEAL DISMISSED, PERMIT UPHELD SUBJECT TO CHANGES

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999hea11.pdf

Date Decision Issued:
1999-07-30

File Number:

Decision Number:
99-HEA-11

Act:

Health Act
Earl Devlin v. Engineer under the Water Act

Duncan Devlin, Third Party

Decision Type:
Stay decision

APPLICATION FOR STAY DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/99wat31a.pdf

Date Decision Issued:
1999-07-28

File Number:

Decision Number:
99-WAT-31(a)

Act:

Water Act
Robert Mason v. Regional Wildlife Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil32.pdf

Date Decision Issued:
1999-07-27

File Number:

Decision Number:
98-WIL-32

Act:

Wildlife Act
Thomas Schreiber v. Regional Wildlife Manager

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil39.pdf

Date Decision Issued:
1999-07-23

File Number:

Decision Number:
98-WIL-39

Act:

Wildlife Act
Grant McMahon v. Deputy Administrator, Pesticide Control Act

Ministry of Forests, Permit Holder

Decision Type:
Stay application

APPLICATION FOR STAY IS ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes10a_11a_12a.pdf

Date Decision Issued:
1999-07-22

File Number:

Decision Number:
99-PES-10(a)

Act:

Pesticide Control Act
Nelson Eco Centre v. Deputy Administrator, Pesticide Control Act

Ministry of Forests, Permit Holder

Decision Type:
Stay application

APPLICATION FOR STAY IS ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes10a_11a_12a.pdf

Date Decision Issued:
1999-07-22

File Number:

Decision Number:
99-PES-11(a)

Act:

Pesticide Control Act
Kaslo and District Community Forest Society v. Deputy Administrator, Pesticide Control Act

Ministry of Forests, Permit Holder

Decision Type:
Stay application

APPLICATION FOR STAY IS ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes10a_11a_12a.pdf

Date Decision Issued:
1999-07-22

File Number:

Decision Number:
99-PES-12(a)

Act:

Pesticide Control Act
Ronald Opp v. Assistant Regional Waste Manager

Decision Type:
Final decision

PANEL UPHOLDS THE FIRST POINT OF THE ORDER, SENDS THE MATTER BACK TO THE MANAGER WITH DIRECTIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999was18.pdf

Date Decision Issued:
1999-07-20

File Number:

Decision Number:
99WAS-18

Act:

Waste Management Act
Quinsam Coal Corporation v. Assistant Regional Waste Manager

Decision Type:
Consent order

BOARD ORDERS THE ASSISTANT REGIONAL WASTE MANAGER TO VARY THE PERMIT

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999was02.pdf

Date Decision Issued:
1999-07-15

File Number:

Decision Number:
99WAS-02

Act:

Waste Management Act
Keith Douglas v. Regional Wildlife Manager

Decision Type:
Final decision

MATTER SENT BACK TO THE REGIONAL MANAGER WITH INSTRUCTIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil25.pdf

Date Decision Issued:
1999-07-14

File Number:

Decision Number:
98-WIL-25

Act:

Wildlife Act
Fort Nelson First Nation v. Deputy Administrator, Pesticide Control Act

Slocan Forest Products, Permit Holder

Decision Type:
Stay application

APPLICATION FOR STAY IS GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999pes03a_08a.pdf

Date Decision Issued:
1999-07-13

File Number:

Decision Number:
99-PES-03(a) 99-PES-04(a) 99-PES-05(a) 99-PES-06(a) 99-PES-07(a) 99-PES-08(a)

Act:

Pesticide Control Act
Atlantic Pacific Land Corporation and Gary Lycan v. Engineer for the New Westminster Water District

Decision Type:
Consent order

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wat16amd.pdf

Date Decision Issued:
1999-06-14

File Number:

Decision Number:
97WAT-16 Amendment

Act:

Water Act
Charles S. Dunkley; Glenwood Beach Properties Ltd. v. Deputy Director of Waste Management

Wild Rose Bay Properties Ltd., Permit Holder

Decision Type:
Final decision

PANEL HAS DECIDED TO RESCIND THE AMENDED PERMIT, PERMIT HOLDER MAY WISH TO PURSUE A NEW PERMIT

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97was02.pdf

Date Decision Issued:
1999-06-14

File Number:

Decision Number:
97WAS-02

Act:

Waste Management Act
Virginia F. Walden; Donald and Debra Smith; Joan and Jim Morgotch v. Environmental Health Officer

Eric Cook, Permit Holder Ken Sargent, Participant

Decision Type:
Consent order

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999hea06_09_10.pdf

Date Decision Issued:
1999-05-28

File Number:

Decision Number:
99-HEA-06 99-HEA-09 99-HEA-10

Act:

Health Act
Manfred Rodenkirchen v. Deputy Director of Wildlife

Decision Type:
Consent order

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wil15.pdf

Date Decision Issued:
1999-05-28

File Number:

Decision Number:
99-WIL-15

Act:

Wildlife Act
Stuart Maitland v. Regional Wildlife Manager

Decision Type:
Final decision

ALLOWED IN PART, SENT BACK TO THE REGIONAL MANAGER WITH INSTRUCTIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil19.pdf

Date Decision Issued:
1999-05-17

File Number:

Decision Number:
98-WIL-19

Act:

Wildlife Act
David Beranek v. Regional Enforcement Manager

Decision Type:
Preliminary issues

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wil08_23a.pdf

Date Decision Issued:
1999-05-11

File Number:

Decision Number:
99-WIL-08

Act:

Wildlife Act
David Beranek v. Regional Fish, Wildlife and Habitat Manager

Decision Type:
Preliminary issues

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wil08_23a.pdf

Date Decision Issued:
1999-05-11

File Number:

Decision Number:
98-WIL-23(a)

Act:

Wildlife Act
City of Cranbrook v. Assistant Regional Waste Manager

Canadian Pacific Railway, Third Party

Decision Type:
Stay decision

STAY IS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999was23a.pdf

Date Decision Issued:
1999-05-10

File Number:

Decision Number:
99WAS-23(a)

Act:

Waste Management Act
Harry McCowan v. Regional Wildlife Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil10.pdf

Date Decision Issued:
1999-05-05

File Number:

Decision Number:
98-WIL-10

Act:

Wildlife Act
Northwood Inc. v. Assistant Regional Waste Manager

Houston Forest Products; Laurie Mutschke and Emily Dodd; Dave Stevens; Dr. Elizabeth Bastian; West Fraser Mills Ltd., Third Parties British Columbia Lung Association, Participant

Decision Type:
APPLICATION TO JOIN/CONSOLIDATE THE APPEALS

APPLICATION IS ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/1999was06a08a10a-13a.pdf

Date Decision Issued:
1999-04-30

File Number:

Decision Number:
99WAS-13(a)

Act:

Waste Management Act
Atco Lumber Ltd. v. Deputy Comptroller of Water Rights

Arrow Lakes Power Development Corporation, Third Party

Decision Type:
Application to dismiss appeal

BOARD DISMISSES APPLICATION, WILL PROCEED TO SCHEDULE HEARING

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wat11a.pdf

Date Decision Issued:
1999-04-30

File Number:

Decision Number:
99-WAT-11(a)

Act:

Water Act
Houston Forest Products v. Assistant Regional Waste Manager

Northwood Inc.; Laurie Mutschke and Emily Dodd; Dave Stevens; Dr. Elizabeth Bastian; West Fraser Mills Ltd., Third Parties British Columbia Lung Association, Participant

Decision Type:
APPLICATION TO JOIN/CONSOLIDATE THE APPEALS

APPLICATION IS ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/1999was06a08a10a-13a.pdf

Date Decision Issued:
1999-04-30

File Number:

Decision Number:
99WAS-06(a)

Act:

Waste Management Act
Northwood Inc. v. Assistant Regional Waste Manager

Houston Forest Products; Laurie Mutschke and Emily Dodd; Dave Stevens; Dr. Elizabeth Bastian; West Fraser Mills Ltd., Third Parties British Columbia Lung Association, Participant

Decision Type:
APPLICATION TO JOIN/CONSOLIDATE THE APPEALS

APPLICATION IS ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/1999was06a08a10a-13a.pdf

Date Decision Issued:
1999-04-30

File Number:

Decision Number:
99WAS-08(a)

Act:

Waste Management Act
West Fraser Mills Ltd. v. Assistant Regional Waste Manager

Houston Forest Products; Laurie Mutschke and Emily Dodd; Dave Stevens; Dr. Elizabeth Bastian; Northwood Inc., Third Parties British Columbia Lung Association, Participant

Decision Type:
APPLICATION TO JOIN/CONSOLIDATE THE APPEALS

APPLICATION IS ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/1999was06a08a10a-13a.pdf

Date Decision Issued:
1999-04-30

File Number:

Decision Number:
99WAS-11(a)

Act:

Waste Management Act
Houston Forest Products v. Assistant Regional Waste Manager

Northwood Inc.; Laurie Mutschke and Emily Dodd; Dave Stevens; Dr. Elizabeth Bastian; West Fraser Mills Ltd., Third Parties British Columbia Lung Association, Participant

Decision Type:
APPLICATION TO JOIN/CONSOLIDATE THE APPEALS

APPLICATION IS ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/1999was06a08a10a-13a.pdf

Date Decision Issued:
1999-04-30

File Number:

Decision Number:
99WAS-12(a)

Act:

Waste Management Act
Phillip Fleischer; Don Fodor; Grant and Sally Keays; John Keays; Georgina Lapointe; Janet Morrison v. Assistant Regional Waste Manager

Pacifica Papers Inc., Third Party Communications, Energy and Paperworkers Union of Canada, Local 1; Communications, Energy and Paperworkers Union of Canada, Local 76, Participant

Decision Type:
Standing of the appellants before the board

PANEL UPHOLDS THE STANDING OF EACH TO BRING THEIR RESPECTIVE APPEALS, APPLICATION IS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was29c.pdf

Date Decision Issued:
1999-04-27

File Number:

Decision Number:
98WAS-29(c)

Act:

Waste Management Act
Phillip Fleischer; Don Fodor, Grant and Sally Keays; John Keays; Georgina Lapointe; Janet Morrison v. Assistant Regional Waste Manager

Pacifica Papers Inc., Third Party Communications, Energy and Paperworkers Union of Canada, Local 1; Communications, Energy and Paperworkers Union of Canada, Local 76, Participant

Decision Type:
Standing of the appellants before the board

PANEL UPHOLDS THE STANDING OF EACH TO BRING THEIR RESPECTIVE APPEALS, APPLICATION IS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was29b.pdf

Date Decision Issued:
1999-04-27

File Number:

Decision Number:
98WAS-29(b)

Act:

Waste Management Act
Marty Loring v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil26_27.pdf

Date Decision Issued:
1999-04-26

File Number:

Decision Number:
98-WIL-26

Act:

Wildlife Act
Greg Loring v. Deputy Director of Wildlife

Decision Type:
Final decision

ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil26_27.pdf

Date Decision Issued:
1999-04-26

File Number:

Decision Number:
98-WIL-27

Act:

Wildlife Act
Heidi Gutfrucht v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil07_11.pdf

Date Decision Issued:
1999-04-16

File Number:

Decision Number:
98-WIL-07

Act:

Wildlife Act
Guy Anttila v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil07_11.pdf

Date Decision Issued:
1999-04-16

File Number:

Decision Number:
98-WIL-11

Act:

Wildlife Act
Gordon and Cynthia James v. Engineer under the Water Act

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wat10.pdf

Date Decision Issued:
1999-04-13

File Number:

Decision Number:
99-WAT-10

Act:

Water Act
City of Parksville; Regional District of Nanaimo; Cowichan Valley Regional District; Lucien L. Bisson; Roy and Angela McCune v. Deputy Administrator, Pesticide Control Act

Canadian Pacific Railway, Permit Holder

Decision Type:
Final decision

PANEL UPHOLDS PERMIT WITH A NUMBER OF AMENDMENTS, PANEL REFERS PERMIT BACK TO DEPUTY ADMINISTRATOR TO VARY AND AMEND THE PERMIT TO REFLECT CHANGES AND CLARIFICATIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes07c_08b.pdf

Date Decision Issued:
1999-04-08

File Number:

Decision Number:
98-PES-07(c)

Act:

Pesticide Control Act

Acts