Decisions - BC Environmental Appeal Board

Canadian Pacific Railway v. Deputy Administrator, Pesticide Control Act

City of Parksville; Regional District of Nanaimo; Cowichan Valley Regional District; Lucien L. Bisson; Roy and Angela McCune, Third Parties

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-08(b)

Act:

Pesticide Control Act
Northwest BC Coalition for Alternatives to Pesticide; Gordon Wadley v. Deputy Administrator, Pesticide Control Act

Ministry of Forests, Permit Holder

Decision Type:
Stay decision

APPLICATION FOR A STAY OF PERMIT IS GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/1999pes01_02.pdf

Date Decision Issued:
1999-04-08

File Number:

Decision Number:
99-PES-01 99-PES-02

Act:

Pesticide Control Act
Gil Nicholls v. Environmental Health Officer

Sharron and Brian Miller, Permit Holders

Decision Type:
Final decision

PERMIT VALID FOR ONE YEAR, APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea27.pdf

Date Decision Issued:
1999-04-01

File Number:

Decision Number:
98-HEA-27

Act:

Health Act
Steelhead Society of British Columbia v. Regional Fish and Wildlife Manager

Decision Type:
Stay decision

APPLICATION DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999wil10a.pdf

Date Decision Issued:
1999-04-01

File Number:

Decision Number:
99-WIL-10(a)

Act:

Wildlife Act
Dawson Smith v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil36.pdf

Date Decision Issued:
1999-03-26

File Number:

Decision Number:
98-WIL-36

Act:

Wildlife Act
City of Richmond v. Regional Waste Manager

Metalex Products Ltd., Permit Holder

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was27.pdf

Date Decision Issued:
1999-03-26

File Number:

Decision Number:
98WAS-27

Act:

Waste Management Act
Kevin Ratushniak v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil33.pdf

Date Decision Issued:
1999-03-23

File Number:

Decision Number:
98-WIL-33

Act:

Wildlife Act
Brian Bray; Larry Rappel; Rudolph Maarsman; John Biel; Ron Pittman v. Environmental Health Officer

R.W. McDermid, Coba Sunbow Holdings, Permit Holder

Decision Type:
Final decision

PANEL GIVES CONDITIONAL APPROVAL TO THE PERMIT SUBJECT TO AMENDMENTS, VALID FOR ONE YEAR, REJECTS PERMIT HOLDER’S REQUEST FOR COSTS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea18.pdf

Date Decision Issued:
1999-03-15

File Number:

Decision Number:
98-HEA-18

Act:

Health Act
Raymond Glen Creed; Gordon Frank Creed v. Engineer under the Water Act

Decision Type:
Preliminary issue of jurisdiction to accept the appeal

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat28a.pdf

Date Decision Issued:
1999-03-11

File Number:

Decision Number:
98-WAT-28(a)

Act:

Water Act
Raincoast Research Society v. Deputy Administrator, Pesticide Control Act

Ministry of Forests, Permit Holder

Decision Type:
Consent order

APPEAL ALLOWED, BY CONSENT

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes10.pdf

Date Decision Issued:
1999-03-09

File Number:

Decision Number:
98-PES-10

Act:

Pesticide Control Act
Pal Horvath v. Environmental Health Officer

Virginia and Eugene Monahan, Permit Holders

Decision Type:
Final decision

PANEL UPHOLDS THE DECISION, APPEAL DISMISSED, PERMIT IS VALID FOR ONE YEAR

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea26.pdf

Date Decision Issued:
1999-03-08

File Number:

Decision Number:
98-HEA-26

Act:

Health Act
Friends of Cortes Island; Larry Cohen; Comox-Strathcona Regional District; British Columbia Shellfish Growers Association v. Environmental Health Officer

Triple R Developments Ltd., Permit Holder

Decision Type:
Final decision

PERMIT IS RESCINDED, PANEL RECOMMENDS THAT TRIPLE R REAPPLY TO THE EHO FOR A PERMIT

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea12c.pdf

Date Decision Issued:
1999-03-03

File Number:

Decision Number:
98-HEA-12(c)

Act:

Health Act
Frances Walker v. Environmental Health Officer

Decision Type:
Consent order

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999hea02.pdf

Date Decision Issued:
1999-02-25

File Number:

Decision Number:
99-HEA-02

Act:

Health Act
Merrill & Ring Timber and Land Management v. Deputy Administrator, Pesticide Control Act

Decision Type:
Final decision

PANEL REFERS PERMITS BACK TO THE DEPUTY ADMINISTRATOR TO VARY AND AMEND TO RELECT CHANGES AND CLARIFICATIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes11_12.pdf

Date Decision Issued:
1999-02-17

File Number:

Decision Number:
98-PES-11 98-PES-12

Act:

Pesticide Control Act
Allan John v. Deputy Director of Wildlife

Decision Type:
Final decision

PANEL RESCINDS DECISION OF DEPUTY DIRECTOR TO DENY PERMIT AS NO PERMIT IS NEEDED, FURTHER INSTRUCTIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil24.pdf

Date Decision Issued:
1999-02-16

File Number:

Decision Number:
98-WIL-24

Act:

Wildlife Act
Village of Belcarra v. Assistant Regional Waste Manager

Farrer Cove Waste Water Management Association, Permit Holder

Decision Type:
Final decision

PANEL UPHOLDS THE PERMIT, DIRECTS THE REGIONAL WASTE MANAGER TO MAKE NOTED CLAUSES, BOARD REJECTS THE PERMIT HOLDER’S REQUEST FOR COSTS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was16.pdf

Date Decision Issued:
1999-02-05

File Number:

Decision Number:
98WAS-16

Act:

Waste Management Act
Allan Crawford v. Regional Fish, Wildlife and Habitat Manager

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil28.pdf

Date Decision Issued:
1999-02-04

File Number:

Decision Number:
98-WIL-28

Act:

Wildlife Act
Darcy Gent v. Regional Wildlife Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil29.pdf

Date Decision Issued:
1999-02-01

File Number:

Decision Number:
98-WIL-29

Act:

Wildlife Act
Leisure Valley Park v. Assistant Regional Water Manager

Decision Type:
Final decision

APPEAL ALLOWED, ORDER OF WATER MANAGER REVOKED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wat09.pdf

Date Decision Issued:
1999-01-25

File Number:

Decision Number:
97-WAT-09

Act:

Water Act
Raymond Kerr v. Engineer empowered under the Water Act

Department of Fisheries and Oceans; City of Kamloops; Kamloops Indian Band, Third Parties

Decision Type:
Stay decision

STAY DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat27a.pdf

Date Decision Issued:
1999-01-22

File Number:

Decision Number:
98-WAT-27(a)

Act:

Water Act
Canadian Heritage – Parks Canada v. Environmental Health Officer

John Van Egmond, Permit Holder

Decision Type:
Final decision

PERMIT FOR THE PROPERTY IS RESCINDED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea17.pdf

Date Decision Issued:
1999-01-20

File Number:

Decision Number:
98-HEA-17

Act:

Health Act
City of Port Moody; City of Port Coquitlam; City of Coquitlam v. Deputy Administrator, Pesticide Control Act

Canadian Pacific Railway, Permit Holder

Decision Type:
Final decision

PANEL REFERS PERMITS BACK TO THE DEPUTY ADMINISTRATOR TO VARY AND AMEND TO RELECT CHANGES AND CLARIFICATIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes05b.pdf

Date Decision Issued:
1999-01-13

File Number:

Decision Number:
98-PES-05(b)

Act:

Pesticide Control 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:
Stay decision

BOARD FINDS REQUEST FOR STAY IS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was29a.pdf

Date Decision Issued:
1999-01-08

File Number:

Decision Number:
98WAS-29(a)

Act:

Waste Management Act
Peter Leveque v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil04.pdf

Date Decision Issued:
1999-01-08

File Number:

Decision Number:
98-WIL-04

Act:

Wildlife Act
David C. Wallis and Katherine L. Wallis v. Environmental Health Officer

Decision Type:
Final decision

DECISION UPHELD, APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea19.pdf

Date Decision Issued:
1999-01-06

File Number:

Decision Number:
98-HEA-19

Act:

Health Act
Roy Truswell v. Environmental Health Officer

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea16.pdf

Date Decision Issued:
1998-12-21

File Number:

Decision Number:
98-HEA-16

Act:

Health Act
Cook’s Ferry Indian Band v. Assistant Regional Water Manager

John Zahradnik, Licence Holder

Decision Type:
Stay decision

STAY REFUSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat30a.pdf

Date Decision Issued:
1998-12-18

File Number:

Decision Number:
98-WAT-30(a)

Act:

Water Act
Dennis Dunn v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/06/96-25b.pdf

Date Decision Issued:
1998-12-10

File Number:

Decision Number:
96-25(b)

Act:

Wildlife Act
Shayne Quintal v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/06/98wil20-.pdf

Date Decision Issued:
1998-12-08

File Number:

Decision Number:
98-WIL-20

Act:

Wildlife Act
District of Salmon Arm v. Deputy Comptroller of Water Rights

John Suffield; Barbara Westerman; Tilman and Mae Nahm; BC Parks; Georgina Pasemko-Reiter and Barry Reiter; Greg Wiebe; Garry Shannon, Third Parties

Decision Type:
Application for costs

APPLICATION DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat10b.pdf

Date Decision Issued:
1998-11-27

File Number:

Decision Number:
98-WAT-10(b)

Act:

Water Act
Riverview Feed Lots (1967) Ltd. v. Assistant Regional Water Manager

Claudio Rothenbacher and Elizabeth Lacosse; Frederic and Marjorie McKim; Jeff and Deborah Hall; James and Elaine Shaw, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat11.pdf

Date Decision Issued:
1998-11-24

File Number:

Decision Number:
98-WAT-11

Act:

Water Act
Beazer East Inc.; Atlantic Industries Ltd. v. Assistant Regional Waste Manager

Canadian National Railway, Third Party

Decision Type:
Application for adjournment

HEARING WILL GO AHEAD AS SCHEDULED, MANAGER STATED WILLING FOR ADVANCED DISCUSSIONS OF ACCEPTABLE REMEDIATION PLAN

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was01a.pdf

Date Decision Issued:
1998-11-20

File Number:

Decision Number:
98WAS-01(a)

Act:

Waste Management Act
Canadian Pacific Railway v. Deputy Administrator, Pesticide Control Act

City of Parksville; Regional District of Nanaimo; Cowichan Valley Regional District; Lucien L. Bisson; Roy and Angela McCune, Third Parties

Decision Type:
Application for adjournment

APPLICATION FOR ADJOURNMENT IS GRANTED, HEARING WILL BE RESCHEDULED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/98pes08a.pdf

Date Decision Issued:
1998-11-19

File Number:

Decision Number:
98PES-08(a)

Act:

Pesticide Control 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:
Application for adjournment

APPLICATION FOR ADJOURNMENT IS GRANTED, HEARING WILL BE RESCHEDULED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes07b.pdf

Date Decision Issued:
1998-11-19

File Number:

Decision Number:
98PES-07(b)

Act:

Pesticide Control Act
Delbert Secord v. Deputy Director of Waste Management

Noranda Mining and Exploration Inc., Third Party

Decision Type:
Stay decision

APPLICATION IS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was22a.pdf

Date Decision Issued:
1998-11-19

File Number:

Decision Number:
98WAS-22(a)

Act:

Waste Management Act
Dalton Jones v. Comptroller of Water Rights

Decision Type:
Final decision

APPEAL DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat22.pdf

Date Decision Issued:
1998-11-10

File Number:

Decision Number:
98-WAT-22

Act:

Water Act
Interior Pest Control v. Deputy Administrator, Pesticide Control Act

Decision Type:
Final decision

APPEAL IS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes04b.pdf

Date Decision Issued:
1998-11-06

File Number:

Decision Number:
98-PES-04(b)

Act:

Pesticide Control Act
Robert Fontana; Barry Scott; Wilf Boardman; Steven Leuenberger; Harry Leuenberger; Henry Fercho v. Regional Wildlife Director

Decision Type:
Final decision

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil09etal.pdf

Date Decision Issued:
1998-10-26

File Number:

Decision Number:
98-WIL-09 98-WIL-13 98-WIL-14 98-WIL-15 98-WIL-16 98-WIL-17

Act:

Wildlife Act
Robert Sansom v. Assistant Regional Water Manager

Ann Cousineau, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat08.pdf

Date Decision Issued:
1998-10-22

File Number:

Decision Number:
98-WAT-08

Act:

Water Act
City of Trail v. Regional Water Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat09.pdf

Date Decision Issued:
1998-10-21

File Number:

Decision Number:
98-WAT-09

Act:

Water Act
Halme’s Auto Services Ltd.; Petro Canada Limited v. Regional Waste Manager

Chardale Enterprises Ltd.; Chemainus Fuels Ltd., Third Parties

Decision Type:
Stay decision

BOARD FINDS THAT NEW INFORMATION DOES NOT FAVOUR ISSUING A STAY OF THE ORDER PENDING A DECISION ON THE APPEALS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was18b.pdf

Date Decision Issued:
1998-10-09

File Number:

Decision Number:
98-WAS-18(b)

Act:

Waste Management Act
Utility Waterworks District; Dana Hummel v. Environmental Health Officer

Bev Kendall, Permit Holder

Decision Type:
Final decision

AMENDMENTS MADE TO THE CONDITIONS, APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea09.pdf

Date Decision Issued:
1998-10-07

File Number:

Decision Number:
98-HEA-09

Act:

Health Act
Brandy Farms Inc. v. Deputy Director of Waste Management

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was11.pdf

Date Decision Issued:
1998-10-07

File Number:

Decision Number:
98-WAS-11

Act:

Waste Management Act
David Beranek v. Regional Wildlife Manager

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil23.pdf

Date Decision Issued:
1998-10-05

File Number:

Decision Number:
98-WIL-23

Act:

Wildlife 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:
Stay application

APPLICATION FOR STAY IS GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes07a.pdf

Date Decision Issued:
1998-10-05

File Number:

Decision Number:
98PES-07a)

Act:

Pesticide Control Act
David Robb v. Director of Wildlife

Decision Type:
Final decision

DIRECTOR’S DECISION TO BE REVERSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil08.pdf

Date Decision Issued:
1998-09-29

File Number:

Decision Number:
98-WIL-08

Act:

Wildlife Act
Raymond Creed v. Deputy Comptroller of Water Rights

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wat05.pdf

Date Decision Issued:
1998-09-28

File Number:

Decision Number:
97-WAT-05

Act:

Water Act
Cook’s Ferry Indian Band v. Assistant Regional Water Manager

John Zahradnik, Licence Holder

Decision Type:
Stay decision

STAY GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat04c.pdf

Date Decision Issued:
1998-09-25

File Number:

Decision Number:
98-WAT-04(c)

Act:

Water Act
Cook’s Ferry Indian Band v. Assistant Regional Water Manager

John Zahradnik, Licence Holder

Decision Type:
Request for further extension and for the appellant to pay costs of the licence holder

APPEAL DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat04b.pdf

Date Decision Issued:
1998-09-23

File Number:

Decision Number:
98-WAT-04(b)

Act:

Water Act
Kenneth Hall v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil18.pdf

Date Decision Issued:
1998-09-23

File Number:

Decision Number:
98-WIL-18

Act:

Wildlife Act

Acts