Decisions - BC Environmental Appeal Board

North Fraser Harbour Commission; General Chemical Canada Ltd.; CGC Inc.; GN Industries Ltd.; Thomas Lawson; CBR Cement Canada Limited v. Deputy Director of Waste Management

Canadian Pacific Railway; HAL Industries Inc.; BC Hydro and Power Authority; Zeal Industries Ltd.; BC Lands, Third Parties

Decision Type:
Stay decision

BOARD REFUSES TO GRANT A STAY

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was14a.pdf

Date Decision Issued:
1998-08-27

File Number:

Decision Number:
98WAS-14(a)

Act:

Waste Management Act
Okanagan Indian Band v. Deputy Comptroller of Water Rights

Carl Kwasnicki and Gloria Hilderman, Licence Holders

Decision Type:
Preliminary issue of board jurisdiction

BOARD FINDS IT PREMATURE TO MAKE AN ORDER, BOARD WILL PROCEED TO SET MATTER DOWN FOR FULL HEARING

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/91-16b.pdf

Date Decision Issued:
1998-08-25

File Number:

Decision Number:
91-16(b)

Act:

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

John Zahradnik, Licence Holder

Decision Type:
Preliminary issue of board jurisdiction

BOARD FINDS IT UNNECESSARY AND PREMATURE TO MAKE AN ORDER, BOARD WILL PROCEED TO SET MATTER DOWN FOR A FULL HEARING

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat04a.pdf

Date Decision Issued:
1998-08-25

File Number:

Decision Number:
98-WAT-04(a)

Act:

Water Act
Larry Perkins v. Environmental Health Officer

Decision Type:
Final decision

DECISION UPHELD, APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea38.pdf

Date Decision Issued:
1998-08-24

File Number:

Decision Number:
98-HEA-38

Act:

Health 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:
Stay decision

STAY REFUSED, BOARD WILL PROCEED TO SCHEDULE A DATE FOR HEARING

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat10a.pdf

Date Decision Issued:
1998-08-13

File Number:

Decision Number:
98-WAT-10(a)

Act:

Water Act
Ron Thompson v. Director of Wildlife

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wil08.pdf

Date Decision Issued:
1998-08-10

File Number:

Decision Number:
97-WIL-08

Act:

Wildlife Act
Kevan Bracewell v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wil09.pdf

Date Decision Issued:
1998-08-06

File Number:

Decision Number:
97-WIL-09

Act:

Wildlife Act
7437 Holdings Ltd. v. Deputy Director of Waste Management

Greater Vancouver Regional District; Corporation of Delta, Third Parties

Decision Type:
Application to amend permit

THE REQUEST TO REVIVE THE APPLICATION TO AMEND THE PERMIT IS REFUSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/94-22a.pdf

Date Decision Issued:
1998-08-04

File Number:

Decision Number:
94/22(a)

Act:

Waste Management Act
Paddy Goggins; John Keays v. Assistant Regional Waste Manager

MacMillan Bloedel Paper Limited, Third Party

Decision Type:
Final decision

PANEL FINDS THAT ASSISTANT REGIONAL WASTE MANAGER PROPERLY ISSUED AMENDED PERMIT, THE DECISION OF THE MANAGER IS CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97was10d.pdf

Date Decision Issued:
1998-07-30

File Number:

Decision Number:
97-WAS-10(d)

Act:

Waste Management 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:
Preliminary issue of jurisdiction

BOARD WILL CONVENE A HEARING ON MERITS OF THE APPELLANTS’ APPEAL, APPEALS HAVE BEEN CONSOLIDATED AND WILL BE HEARD TOGETHER

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea12a.pdf

Date Decision Issued:
1998-07-22

File Number:

Decision Number:
98-HEA-12(a)

Act:

Health Act
Michael Kibala v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil01.pdf

Date Decision Issued:
1998-07-21

File Number:

Decision Number:
98-WIL-01

Act:

Wildlife Act
Service Corporation International (Canada) Limited on behalf of First Memorial Services (1993) Ltd. v. Regional Waste Manager

The Adeline Residents Association, Third Party

Decision Type:
Preliminary issue of jurisdiction

BOARD ORDERS A HEARING TO BE CONDUCTED TO DETERMINE WHETHER POLLUTION PREVENTION ORDER WAS PROPERLY ISSUED, BOARD ORDERS INTERIM STAY BE EXTENDED TILL THERE IS A DECISION ON THE MERITS OF THIS APPEAL

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was03a.pdf

Date Decision Issued:
1998-07-21

File Number:

Decision Number:
98-WAS-03(a)

Act:

Waste Management 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:
Stay application

STAY OF PERMIT DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes05a.pdf

Date Decision Issued:
1998-07-20

File Number:

Decision Number:
98-PES-05(a)

Act:

Pesticide Control Act
Howe Sound Pulp and Paper Ltd. v. Deputy Director of Waste Management

Terry Jacks, Third Party

Decision Type:
Standing of the third party

BOARD FINDS THAT MR. JACKS SHOULD BE GRANTED AN EXTENSION OF TIME TO APPEAL, MATTER RETURNED TO DEPUTY DIRECTOR FOR A HEARING ON THE MERITS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was05.pdf

Date Decision Issued:
1998-07-17

File Number:

Decision Number:
98-WAS-05

Act:

Waste Management Act
Interior Pest Control v. Deputy Administrator, Pesticide Control Act

Decision Type:
REQUEST FOR STAY ORDER TO BE SET ASIDE

BOARD UPHOLDS EARLIER DECISION WHICH GRANTED A STAY OF THE DEPUTY DIRECTOR’S DECISION

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes04a.pdf

Date Decision Issued:
1998-07-13

File Number:

Decision Number:
98-PES-04(a)

Act:

Pesticide Control Act
Linda Waugh on behalf of the Price Road Property Owners v. Environmental Health Officer

Walco Enterprises Ltd., Permit Holder

Decision Type:
Final decision

DECISION OF THE EHO TO ISSUE A PERMIT IS CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea05.pdf

Date Decision Issued:
1998-06-30

File Number:

Decision Number:
98-HEA-05

Act:

Health Act
Bullmoose Operating Corporation v. Deputy Director of Waste Management

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97was18.pdf

Date Decision Issued:
1998-06-30

File Number:

Decision Number:
97-WAS-18

Act:

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

Decision Type:
Final decision

APPEAL UPHELD IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was07.pdf

Date Decision Issued:
1998-06-30

File Number:

Decision Number:
98-WAS-07

Act:

Waste Management 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/717/2020/04/97wat16.pdf

Date Decision Issued:
1998-06-29

File Number:

Decision Number:
97WAT-16

Act:

Water Act
Raincoast Research Society, et al; Mainland Enhancement of Salmonid Species Society v. Deputy Administrator, Pesticide Control Act

International Forest Products Limited, Permit Holder

Decision Type:
Final decision

APPEAL BE ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes01.pdf

Date Decision Issued:
1998-06-26

File Number:

Decision Number:
98-PES-01

Act:

Pesticide Control Act
Harvest Environmental Services Inc. v. Regional Waste Manager

Decision Type:
Final decision

BOARD REFUSES TO GRANT A STAY OF THE ORDER

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was15a.pdf

Date Decision Issued:
1998-06-23

File Number:

Decision Number:
98-WAS-15(a)

Act:

Waste Management Act
Roderick and Frances Walker v. Environmental Health Officer

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea02.pdf

Date Decision Issued:
1998-06-22

File Number:

Decision Number:
98-HEA-02

Act:

Health Act
Michael A. Richey v. Deputy Director of Wildlife

Decision Type:
Final decision

DECISION VARIED, ELIGIBILITY FOR LICENCE IN 18 MONTHS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wil11.pdf

Date Decision Issued:
1998-06-18

File Number:

Decision Number:
97-WIL-11

Act:

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

City of Cranbrook; Gerald and Beverly Tames, Third Parties

Decision Type:
Stay decision

BOARD WILL PROCEED TO SCHEDULE A DATE FOR THE HEARING

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wat05a.pdf

Date Decision Issued:
1998-06-17

File Number:

Decision Number:
98-WAT-05(a)

Act:

Water Act
Chris Blumhagen v. Environmental Health Officer

Decision Type:
Final decision

APPEAL ALLOWED, TERMS AND CONDITIONS ADDED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97hea35.pdf

Date Decision Issued:
1998-06-15

File Number:

Decision Number:
97-HEA-35

Act:

Health Act
Dan Lenko v. Environmental Health Officer

Decision Type:
Final decision

APPEAL ALLOWED, TERMS AND CONDITIONS ADDED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97hea34.pdf

Date Decision Issued:
1998-06-15

File Number:

Decision Number:
97-HEA-34

Act:

Health Act
Alvie Rema v. Deputy Director of Wildlife

Decision Type:
Consent order

APPEAL ALLOWED BY CONSENT

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98wil03.pdf

Date Decision Issued:
1998-06-12

File Number:

Decision Number:
98-WIL-03

Act:

Wildlife Act
Carolyn Klassen v. Environmental Health Officer

Cidalia Wensley, Permit Holder

Decision Type:
Decision on an application to dismiss the appeal

APPLICATION TO DISMISS IS GRANTED, APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98hea08.pdf

Date Decision Issued:
1998-06-08

File Number:

Decision Number:
98-HEA-08

Act:

Health Act
Frank Bergen v. Assistant Regional Waste Manager

Decision Type:
Stay decision

GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was06a.pdf

Date Decision Issued:
1998-06-04

File Number:

Decision Number:
98-WAS-06(a)

Act:

Waste Management Act
Celgar Pulp Company v. Deputy Director of Waste Management

Pulp, Paper and Woodworkers of Canada, Third Party

Decision Type:
Final decision

APPEAL UPHELD IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/95-31b.pdf

Date Decision Issued:
1998-05-29

File Number:

Decision Number:
95/31(b)

Act:

Waste Management Act
Shuswap-Thompson Organic Producers Association v. Deputy Administrator, Pesticide Control Act

CN Railway; BC Rail Ltd., Permit Holders

Decision Type:
Final decision

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

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/97pes04-05-06.pdf

Date Decision Issued:
1998-05-28

File Number:

Decision Number:
97-PES-04 97-PES-05 97-PES-06

Act:

Pesticide Control Act
Tsilhoqot’in National Government v. Deputy Administrator, Pesticide Control Act

Ministry of Forests, Permit Holder

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97pes08.pdf

Date Decision Issued:
1998-05-26

File Number:

Decision Number:
97-PES-08

Act:

Pesticide Control Act
The Corporation of Delta v. Assistant Regional Waste Manager

Pineland Pest Farms Ltd., Approval Holder New West Gypsum Recycling Inc., Third Party

Decision Type:
Stay decision

REQUEST FOR STAY IS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was09a.pdf

Date Decision Issued:
1998-05-26

File Number:

Decision Number:
98WAS-09(a)

Act:

Waste Management Act
Interior Pest Control v. Deputy Administrator, Pesticide Control Act

Decision Type:
Stay order

BOARD GRANTS STAY OF THE DECISION AND ORDERS THAT 1998/99 SERVICE ORDER IS IN EFFECT

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes04.pdf

Date Decision Issued:
1998-05-19

File Number:

Decision Number:
98-PES-04

Act:

Pesticide Control Act
Albert Peterson; Mill Bay Waterworks District v. Deputy Comptroller of Water Rights

Alpex Development Corp. Ltd., Third Party Mill Bay Concerned Citizens Society, Participant

Decision Type:
Final decision

APPEAL DISMISSED, REGIONAL WATER MANAGER DIRECTED TO CHANGE ONE CONDITION

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wat06c.pdf

Date Decision Issued:
1998-05-07

File Number:

Decision Number:
97-WAT-06(c)

Act:

Water Act
Resident Advisory Board, et al v. Deputy Administrator, Pesticide Control Act

Canadian Food Inspection Agency, Permit Holder

Decision Type:
Final decision

PANEL REFERRED BACK TO THE DEPUTY ADMINISTRATOR TO VARY AND AMEND PERMIT WITH ORDERS AND ADMENDMENTS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes03b.pdf

Date Decision Issued:
1998-04-15

File Number:

Decision Number:
98-PES-03(b)

Act:

Pesticide Control Act
Resident Advisory Board, et al v. Deputy Administrator, Pesticide Control Act

Canadian Food Inspection Agency, Permit Holder

Decision Type:
Stay order

BOARD ORDERS INTERIM STAY AGAINST PESTICIDE TILL APRIL

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98pes03a.pdf

Date Decision Issued:
1998-04-03

File Number:

Decision Number:
98-PES-03(a)

Act:

Pesticide Control Act
Cloverdale Fuels Limited; Dixon Bulldozing Ltd.; Raintree Lumber Specialists Ltd.; International Forest Products Limited, Hammond Cedar Division v. Assistant Regional Waste Manager

Naranjan Ball; Paul Dhaliwal, Third Parties

Decision Type:
Stay decision

DECISION OF THE BOARD THAT THE ORDER IN ITS ENTIRETY IS STAYED, PENDING A FINAL DECISION FROM THE BOARD ON THE MERITS OF THIS APPEAL

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was02b.pdf

Date Decision Issued:
1998-04-01

File Number:

Decision Number:
98-WAS-02(b)

Act:

Waste Management Act
Fred Lachapelle v. Environmental Health Officer

Decision Type:
Final decision

PANEL UPHOLDS DECISION OF THE EHO TO REFUSE TO ISSUE A PERMIT, APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97hea31.pdf

Date Decision Issued:
1998-03-30

File Number:

Decision Number:
97-HEA-31

Act:

Health Act
District of Invermere v. Deputy Director of Waste Management

Gurmeet Brar, Third Party

Decision Type:
Standing of gurmeet brar before the board

BOARD FINDS THAT MR. BRAR DOES NOT HAVE STANDING TO APPEAL THE DEPUTY DIRECTOR’S DECISION, BOARD FINDS THAT MR. BRAR RETAINS HIS THIRD PARTY STATUS IN THE APPEAL, THE BOARD DECLINES TO AWARD COSTS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/97was09C-12.pdf

Date Decision Issued:
1998-03-11

File Number:

Decision Number:
97-WAS-12(a)

Act:

Waste Management Act
Gurmeet Brar v. Deputy Director of Waste Management

District of Invermere, Third Party

Decision Type:
Standing of gurmeet brar before the board

BOARD FINDS THAT MR. BRAR DOES NOT HAVE STANDING TO APPEAL THE DEPUTY DIRECTOR’S DECISION, BOARD FINDS THAT MR. BRAR RETAINS HIS THIRD PARTY STATUS IN THE APPEAL, THE BOARD DECLINES TO AWARD COSTS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/97was09C-12.pdf

Date Decision Issued:
1998-03-11

File Number:

Decision Number:
97-WAS-09(c)

Act:

Waste Management Act
BC Rail Ltd. v. Deputy Director of Waste Management

Decision Type:
Preliminary issue of board jurisdiction

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97was06.pdf

Date Decision Issued:
1998-02-24

File Number:

Decision Number:
97-WAS-06

Act:

Waste Management Act
Mike O’Neill v. Deputy Comptroller of Water Rights

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wat03.pdf

Date Decision Issued:
1998-02-19

File Number:

Decision Number:
97-WAT-03

Act:

Water Act
International Forest Products Limited, Hammond Cedar Division v. Assistant Regional Waste Manager

Cloverdale Fuels Ltd.; Naranjan Ball; Raintree Lumber Specialists Ltd.; Dixon Bulldozing Ltd.; Paul Dhaliwal, Third Parties

Decision Type:
Stay decision

BOARD FINDS THAT THE PLAN REQUIREMENT IS STAYED, PENDING A FINAL DECISION OF THE BOARD INTO THE MERITS OF THIS APPEAL

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/98was02a.pdf

Date Decision Issued:
1998-02-18

File Number:

Decision Number:
98-WAS-02(a)

Act:

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

Decision Type:
Final decision

APPEAL OF CONDITIONS M, R, T & S IN PERMIT IS DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97pes09.pdf

Date Decision Issued:
1998-02-11

File Number:

Decision Number:
97-PES-09

Act:

Pesticide Control Act
Gordon Clarke v. Environmental Health Officer

David Ullman, Third Party

Decision Type:
Final decision

PANEL UPHOLDS THE EHO’S DECISION TO REFUSE TO ISSUE A PERMIT, APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97hea32.pdf

Date Decision Issued:
1998-02-10

File Number:

Decision Number:
97-HEA-32

Act:

Health Act
Vito Carnovale v. Deputy Director of Wildlife

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97wil03.pdf

Date Decision Issued:
1998-02-04

File Number:

Decision Number:
97-WIL-03

Act:

Wildlife Act
Ian Wright v. Environmental Health Officer

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97hea30.pdf

Date Decision Issued:
1998-02-04

File Number:

Decision Number:
97-HEA-30

Act:

Health Act
Eric Rose v. Environmental Health Officer

Jim Carmichael, Third Party

Decision Type:
Final decision

PANEL DISMISSES THE APPEAL, UPHOLDS THE DECISION OF THE RESPONDENT IN THE ISSUANCE OF THE PERMIT

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97hea26.pdf

Date Decision Issued:
1998-02-03

File Number:

Decision Number:
97-HEA-26

Act:

Health Act
Walter Collishaw and Petra Accipiter v. Environmental Health Officer

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/97hea15.pdf

Date Decision Issued:
1998-02-03

File Number:

Decision Number:
97-HEA-15

Act:

Health Act

Acts