Decisions - BC Environmental Appeal Board

Ronald Witherspoon; Cowichan Valley Regional District; John and Lois Hayes; Richard Sanders v. Director, Environmental Management Act

Cobble Hill Holdings, Applicant/Third Party Shawnigan Residents Association, Appellant/Third Party

Decision Type:
Applications by cobble hill to strike grounds for appeal

ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013ema017a_019b_020a_021a.pdf

Date Decision Issued:
2014-02-05

File Number:

Decision Number:
2013-EMA-017(a) 2013-EMA-019(b) 2013-EMA-020(a) 2013-EMA-021(a)

Act:

Environmental Management Act
Fernie Corbel v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wil043a.pdf

Date Decision Issued:
2013-12-02

File Number:

Decision Number:
2013-WIL-043(a)

Act:

Wildlife Act
Jason Ralph Frank v. Regional Water Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wat012a.pdf

Date Decision Issued:
2013-11-19

File Number:

Decision Number:
2013-WAT-012(a)

Act:

Water Act
Shawnigan Residents Association; Cowichan Valley Regional District v. Director, Environmental Management Act

Cobble Hill Holdings Ltd., Third Party

Decision Type:
Stay decisions

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013ema015a_019a.pdf

Date Decision Issued:
2013-11-15

File Number:

Decision Number:
2013-EMA-015(a) 2013-EMA-019(a)

Act:

Environmental Management Act
District of Lake Country v. Assistant Regional Water Manager

Jeffrey and Yvonne Goldstone; John Gifford and Terry Ann Ryan Whittaker; Russell and Leslie Horne; Sharon Holmes, Blair and Louise Holmes; Janice F. Quering; Angela and Darren King; Herbert Teather; Oyama Lake Resort; Lloyd and Wanda Manchester; John Giraud; John and Norma Laing; John and Loretta Moxon; Hugh and Wendy Fraser; Monteith G. Hughes, Third Parties Okanagan Indian Band, Participant

Decision Type:
Final Decision

APPEALS DISMISSED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat017a_etal.pdf

Date Decision Issued:
2013-11-13

File Number:

Decision Number:
2012-WAT-017(a) 2012-WAT-018(a) 2012-WAT-019(a) 2012-WAT-020(a) 2012-WAT-021(a) 2012-WAT-022(a) 2012-WAT-023(a) 2012-WAT-024(a) 2012-WAT-025(a) 2012-WAT-026(a) 2012-WAT-027(a) 2012-WAT-028(a) 2012-WAT-029(a) 2012-WAT-030(a)

Act:

Water Act
Lynda Gagne; Emily Toews; Charles Henry Claus; Pamela Vollrath; Elisabeth Stannus; Skeena Wild Conservation Trust; Lakelse Watershed Stewards Society v. Director, Environmental Management Act

Rio Tinto Alcan Inc., Third Party/Permit Holder

Decision Type:
Preliminary issue of jurisdiction

APPEALS ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013ema005a_007a_008a_009a_010a_011a_012a.pdf

Date Decision Issued:
2013-10-31

File Number:

Decision Number:
2013-EMA-005(a) 2013-EMA-007(a) 2013-EMA-008(a) 2013-EMA-009(a) 2013-EMA-010(a) 2013-EMA-011(a) 2013-EMA-012(a)

Act:

Environmental Management Act
Darren DeLuca v. Regional Manager of Fish and Wildlife

Coastal British Columbia Guide Outfitter Association, Participant

Decision Type:
Final Decision

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wil046a_047a.pdf

Date Decision Issued:
2013-10-31

File Number:

Decision Number:
2013-WIL-046(a) 2013-WIL-047(a)

Act:

Wildlife Act
John Vlchek, doing business as Cariboo Water Wells Ltd. v. Regional Water Manager

Hazel Collins, Third Party Patrick and Rebecca Barton; Carson and Theresa Warncke; Leslie and Sonya Warncke, Participants

Decision Type:
Stay application

GRANTED WITH CONDITIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wat025a.pdf

Date Decision Issued:
2013-10-28

File Number:

Decision Number:
2013-WAT-025(a)

Act:

Water Act
Robert Ackerman; Julie Nurse; Kenneth Hampson; Alix Macdonald and Dieter Haubold; Swissterra Land Corporation v. Assistant Regional Water Manager

David Mario Lang and Elizabetha Lidia Lang, Third Parties

Decision Type:
Final decision

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat034a_035a.pdf

Date Decision Issued:
2013-10-28

File Number:

Decision Number:
2012-WAT-034(a) 2012-WAT-035(a)

Act:

Water Act
Ellen Weir, Greg Whynacht; D’Arcy Lubin, Ian R. Poyntz; Catherine Willows Woodrow; Michael Dix (on behalf of himself and the Cowichan Lake Recreational Community Inc.) v. Deputy Comptroller of Water Rights

Catalyst Paper Corporation, Third Party Cowichan Watershed Board, Applicant

Decision Type:
Preliminary decision

PARTICIPANT STATUS ; GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wat013a_015b_016a_017b_018b_019b.pdf

Date Decision Issued:
2013-10-24

File Number:

Decision Number:
2013-WAT-013(a) 2013-WAT-015(b) 2013-WAT-016(a) 2013-WAT-017(b) 2013-WAT-018(b) 2013-WAT-019(b)

Act:

Water Act
Katrina Sigloch v. Assistant Regional Water Manager

Patricia and Richard Prescott, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wat002a.pdf

Date Decision Issued:
2013-10-18

File Number:

Decision Number:
2013-WAT-002(a)

Act:

Water Act
Greg Whynacht; Ian R. Poyntz; Catherine Willows Woodrow; Michael Dix (on behalf of himself and the Cowichan Lake Recreational Community Inc.) v. Deputy Comptroller of Water Rights

Catalyst Paper Corporation, Third Party

Decision Type:
Preliminary issue of jurisdiction

APPEALS ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wat015a_017a_018a_019a.pdf

Date Decision Issued:
2013-08-23

File Number:

Decision Number:
2013-WAT-015(a) 2013-WAT-017(a) 2013-WAT-018(a) 2013-WAT-019(a)

Act:

Water Act
Francis Baller v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wil036a.pdf

Date Decision Issued:
2013-08-07

File Number:

Decision Number:
2013-WIL-036(a)

Act:

Wildlife Act
Domtar Inc. v. Director, Environmental Management Act

Seaspan ULC; Fibreco Export Inc. and 602534 BC Ltd.; Attorney General of British Columbia; Vancouver Fraser Port Authority, Third Parties

Decision Type:
Preliminary application

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema004b.pdf

Date Decision Issued:
2013-08-07

File Number:

Decision Number:
2010-EMA-004(b)

Act:

Environmental Management Act
Burquitlam Building Limited and Morguard Real Estate Investment Trust v. Director, Environmental Management Act

Canada Safeway Ltd., Third Party

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012ema002b.pdf

Date Decision Issued:
2013-07-17

File Number:

Decision Number:
2012-EMA-002(b)

Act:

Environmental Management Act
Sarah Ardley v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wil044a.pdf

Date Decision Issued:
2013-07-16

File Number:

Decision Number:
2013-WIL-044(a)

Act:

Wildlife Act
Abraham Dougan v. Regional Managers

Decision Type:
Consent order

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wil049.pdf

Date Decision Issued:
2013-07-12

File Number:

Decision Number:
2013-WIL-049

Act:

Wildlife Act
Southeast Kelowna Irrigation District v. Assistant Regional Water Manager

Edward F. Lawrence; Brian and Kimberley McDivitt, Third Parties

Decision Type:
Final decision

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat016a_031a.pdf

Date Decision Issued:
2013-07-11

File Number:

Decision Number:
2012-WAT-016(a) 2012-WAT-031(a)

Act:

Water Act
Sage Investments Ltd. v. Assistant Regional Water Manager

Decision Type:
Stay application

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wat011a.pdf

Date Decision Issued:
2013-06-18

File Number:

Decision Number:
2013-WAT-011(a)

Act:

Water Act
Jozef and Bibiana Demcak v. Director of Wildlife

Attorney General of British Columbia, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil012a.pdf

Date Decision Issued:
2013-06-14

File Number:

Decision Number:
2012-WIL-012(a)

Act:

Wildlife Act
Seaspan ULC (formerly Seaspan International Ltd.) v. Domtar Inc.

Decision Type:
Applications for orders to produce documents

APPLICATIONS GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema004a_005a_006a_2011ema003a.pdf

Date Decision Issued:
2013-06-11

File Number:

Decision Number:
2010-EMA-004(a) 2010-EMA-005(a) 2010-EMA-006(a) 2011-EMA-003(a)

Act:

Environmental Management Act
Carolyn Hopp (nee Lawrence) v. Assistant Regional Water Manager

Jiri Cizinsky and Nada Cizinska, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat033a.pdf

Date Decision Issued:
2013-05-22

File Number:

Decision Number:
2012-WAT-033(a)

Act:

Water Act
Seaspan ULC v. Director, Environmental Management Act

Domtar Inc.; Fibreco Export Inc. and 602534 BC Ltd.; Attorney General of British Columbia; Vancouver Fraser Port Authority, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED; STAY VACATED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013ema002c.pdf

Date Decision Issued:
2013-05-09

File Number:

Decision Number:
2013-EMA-002(c)

Act:

Environmental Management Act
Seaspan ULC v. Director, Environmental Management Act

Domtar Inc.; Fibreco Export Inc. and 602534 BC Ltd.; Attorney General of British Columbia; Vancouver Fraser Port Authority, Third Parties

Decision Type:
Stay application

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013ema002b.pdf

Date Decision Issued:
2013-04-24

File Number:

Decision Number:
2013-EMA-002(b)

Act:

Environmental Management Act
Walter Faetz, Stan Doll, Dustin Kovacvich, Brad Zeerip and Daniel Daigle v. Regional Manager, Recreational Fisheries and Wildlife Program

Guide Outfitters Association of BC, Participant

Decision Type:
Final decision

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil016c_017c_018c_019c_020c.pdf

Date Decision Issued:
2013-04-18

File Number:

Decision Number:
2012-WIL-016(c) 2012-WIL-017(c) 2012-WIL-018(c) 2012-WIL-019(c) 2012-WIL-020(c)

Act:

Wildlife Act
Stan Doll and Dustin Kovacvich v. Regional Manager, Recreational Fisheries and Wildlife Program

Keith Douglas, Third Party

Decision Type:
Final decision (majority)

APPEALS ALLOWED (DISSENT)

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil021b_022b.pdf

Date Decision Issued:
2013-04-17

File Number:

Decision Number:
2012-WIL-021(b) 2012-WIL-022(b)

Act:

Wildlife Act
0805626 BC Ltd. v. Assistant Regional Water Manager

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat014a.pdf

Date Decision Issued:
2013-04-16

File Number:

Decision Number:
2012-WAT-014(a)

Act:

Water Act
John Vlchek, doing business as Cariboo Water Wells Ltd. v. Regional Water Manager

Hazel Collins, Third Party

Decision Type:
Stay application

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013wat009a.pdf

Date Decision Issued:
2013-04-16

File Number:

Decision Number:
2013-WAT-009(a)

Act:

Water Act
Pinnacle Renewable Energy Inc. v. Director, Environmental Management Act

Decision Type:
Preliminary stay application

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013ema001a.pdf

Date Decision Issued:
2013-03-19

File Number:

Decision Number:
2013-EMA-001(a)

Act:

Environmental Management Act
Seaspan ULC v. Director, Environmental Management Act

Domtar Inc.; Fibreco Export Inc. and 602534 BC Ltd.; Attorney General of British Columbia; Vancouver Fraser Port Authority, Third Parties

Decision Type:
Preliminary application

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2013ema002a.pdf

Date Decision Issued:
2013-03-06

File Number:

Decision Number:
2013-EMA-002(a)

Act:

Environmental Management Act
Chief Richard Harry in his own right and on behalf of the Xwemalhkwu First Nations v. Assistant Regional Water Manager

Bear River Consulting Ltd., Third Party / Licence Holder Environmental Law Centre, Participant

Decision Type:
Final decision

2011-WAT-005 APPEAL WITHDRAWN, 2011-WAT-006 APPEAL ALLOWED, IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wat005c_006c.pdf

Date Decision Issued:
2013-02-07

File Number:

Decision Number:
2011-WAT-005(c) 2011-WAT-006(c)

Act:

Water Act
Daniel Fretts v. Regional Water Manager

Wenawae Kristin Gislason, Third Party

Decision Type:
Final decision

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat004a.pdf

Date Decision Issued:
2012-12-27

File Number:

Decision Number:
2012-WAT-004(a)

Act:

Water Act
Chief Kathi Dickie in her own right and on behalf of the members of the Fort Nelson First Nation v. Assistant Regional Water Manager

Nexen Inc., Third Party EOG Resources Canada Inc.; Devon Canada Corporation, Participants

Decision Type:
Preliminary decision: stay application

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat013b.pdf

Date Decision Issued:
2012-12-06

File Number:

Decision Number:
2012-WAT-013(b)

Act:

Water Act
Harold Koenig v. Regional Manager, Recreational Fisheries and Wildlife Program

BC Wildlife Federation, Participant

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil013a.pdf

Date Decision Issued:
2012-11-27

File Number:

Decision Number:
2012-WIL-013(a)

Act:

Wildlife Act
Chief Kathi Dickie in her own right and on behalf of the members of the Fort Nelson First Nation v. Assistant Regional Water Manager

Nexen Inc., Third Party EOG Resources Canada Inc. and Devon Canada Corporation, Participants

Decision Type:
PRELIMINARY ISSUE OF JURISDICTION (STANDING)

CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat013a.pdf

Date Decision Issued:
2012-11-06

File Number:

Decision Number:
2012-WAT-013(a)

Act:

Water Act
Allan Steele v. Deputy Director, Fish, Wildlife and Habitat Management

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wil011a.pdf

Date Decision Issued:
2012-10-26

File Number:

Decision Number:
2011-WIL-011(a)

Act:

Wildlife Act
David Clarke v. Assistant Regional Water Manager

Ministry of Forests and Range (Chilcotin District), Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat008a.pdf

Date Decision Issued:
2012-09-17

File Number:

Decision Number:
2009-WAT-008(a)

Act:

Water Act
Stanley Doll and Dustin Kovacvich v. Regional Manager, Recreational Fisheries and Wildlife Program

Keith Douglas, Third Party

Decision Type:
Preliminary decisions: stay applications

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil021a_022a.pdf

Date Decision Issued:
2012-09-05

File Number:

Decision Number:
2012-WIL-021(a) 2012-WIL-022(a)

Act:

Wildlife Act
Jesse Zeman v. Regional Manager

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil010a.pdf

Date Decision Issued:
2012-08-17

File Number:

Decision Number:
2012-WIL-010(a)

Act:

Wildlife Act
Michael Langegger v. Deputy Regional Manager, Region 6 (Skeena)

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil004a_005a_007a.pdf

Date Decision Issued:
2012-08-03

File Number:

Decision Number:
2012-WIL-004(a)

Act:

Wildlife Act
Rich Peterson v. Director of Resource Management, Region 7B (Peace)

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil004a_005a_007a.pdf

Date Decision Issued:
2012-08-03

File Number:

Decision Number:
2012-WIL-007(a)

Act:

Wildlife Act
Dean Aussem v. Director of Resource Management, Region 7A (Omineca)

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil004a_005a_007a.pdf

Date Decision Issued:
2012-08-03

File Number:

Decision Number:
2012-WIL-005(a)

Act:

Wildlife Act
Walter Faetz; Stanley Doll; Dustin Kovacvich; Bradley Zeerip; Daniel Daigle v. Regional Manager, Recreational Fisheries and Wildlife Program

Guide Outfitters Association of British Columbia, Applicant

Decision Type:
Application for participant status

GRANTED, SUBJECT TO LIMITATIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012will016b_017b_018b_019b_020b.pdf

Date Decision Issued:
2012-07-31

File Number:

Decision Number:
2012-WIL-016(b) 2012-WIL-017(b) 2012-WIL-018(b) 2012-WIL-019(b) 2012-WIL-020(b)

Act:

Wildlife Act
Walter Faetz; Stanley Doll; Dustin Kovacvich; Bradley Zeerip; Daniel Daigle v. Regional Manager, Recreational Fisheries and Wildlife Program

Decision Type:
Preliminary decisions: stay applications

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wil016a_017a_018a_019a_020a.pdf

Date Decision Issued:
2012-07-18

File Number:

Decision Number:
2012-WIL-016(a) 2012-WIL-017(a) 2012-WIL-018(a) 2012-WIL-019(a) 2012-WIL-020(a)

Act:

Wildlife Act
Larry Hall v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wil008a.pdf

Date Decision Issued:
2012-07-12

File Number:

Decision Number:
2011-WIL-008(a)

Act:

Wildlife Act
Fred Sam on his own behalf and on behalf of all the members of the Nak’azdli First Nation and the Nak’azdli First Nation v. Director, Environmental Management Act

Terrane Metal Corp., Third Party

Decision Type:
Consent order

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema009.pdf

Date Decision Issued:
2012-07-06

File Number:

Decision Number:
2010-EMA-009

Act:

Environmental Management Act
Burquitlam Building Limited and Morguard Real Estate Investment Trust v. Director, Environmental Management Act

Canada Safeway Ltd., Third Party

Decision Type:
Application for removal of third party

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012ema002a.pdf

Date Decision Issued:
2012-05-31

File Number:

Decision Number:
2012-EMA-002(a)

Act:

Environmental Management Act
Walter Klenner and Sharon Cadieux v. Assistant Regional Water Manager

Louise Karen Eccles; HDRL Holdings Ltd., Third Parties

Decision Type:
Consent order

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wat018.pdf

Date Decision Issued:
2012-05-30

File Number:

Decision Number:
2011-WAT-018

Act:

Water Act
Dr. Julia Low Ah Kee Inc. v. Assistant Regional Water Manager

Doug E. Schuk; Jackson Sanford Hart; Mike Ramsay, Section Head, Fish and Wildlife Branch, Participants

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wat008b.pdf

Date Decision Issued:
2012-04-25

File Number:

Decision Number:
2011-WAT-008(b)

Act:

Water Act
John William Palmer and Dr. Marvin G. Palmer v. Assistant Regional Water Manager

Decision Type:
Preliminary issue of jurisdiction

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012wat001a_002a.pdf

Date Decision Issued:
2012-04-12

File Number:

Decision Number:
2012-WAT-001(a) 2012-WAT-002(a)

Act:

Water Act

Acts