Decisions - BC Environmental Appeal Board

Evelyn Armstrong v. Director, Environmental Management Act

Merritt Green Energy Limited Partnership, Third Party/Permit Holder

Decision Type:
Preliminary issue of jurisdiction

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2012ema001a.pdf

Date Decision Issued:
2012-04-03

File Number:

Decision Number:
2012-EMA-001(a)

Act:

Environmental Management Act
Wilhem Helmer v. Assistant Regional Water Manager

Andre Weilenmann and Barbara Friedli; Jaroslav J. Nydr; Trent Rivet, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat017a.pdf

Date Decision Issued:
2012-02-07

File Number:

Decision Number:
2009-WAT-017(a)

Act:

Water Act
Kyle Lay v. Regional Wildlife Manager

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wil005a.pdf

Date Decision Issued:
2012-01-06

File Number:

Decision Number:
2011-WIL-005(a)

Act:

Wildlife Act
Chad Hayward v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wil003a.pdf

Date Decision Issued:
2011-11-29

File Number:

Decision Number:
2011-WIL-003(a)

Act:

Wildlife Act
BCR Properties Ltd. v. Manager, Risk Assessment and Remediation

Decision Type:
Preliminary issue of jurisdiction

SENT BACK WITH DIRECTIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011ema004a.pdf

Date Decision Issued:
2011-11-10

File Number:

Decision Number:
2011-EMA-004(a)

Act:

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

Bear River Contracting Ltd., Third Party/Licence Holder

Decision Type:
Application for participant status

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wat005b_006b.pdf

Date Decision Issued:
2011-10-27

File Number:

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

Act:

Water Act
Comet Investments Ltd., Inc No. 69349 and P.G. Realty & Insurance Agency Ltd., Inc. No. 63919 v. Assistant Regional Water Manager and Regional Water Manager

Decision Type:
Stay application

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wat009a_010a.pdf

Date Decision Issued:
2011-09-29

File Number:

Decision Number:
2011-WAT-009(a) 2011-WAT-010(a)

Act:

Water Act
455161 BC Ltd. v. Director, Environmental Management Act

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema007b.pdf

Date Decision Issued:
2011-09-15

File Number:

Decision Number:
2010-EMA-007(b)

Act:

Environmental Management Act
Robert Lynton Steele v. Deputy Director of Wildlife

Decision Type:
Final decision

CONSENT ORDER

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011will007a.pdf

Date Decision Issued:
2011-08-26

File Number:

Decision Number:
2011-WIL-007(a)

Act:

Wildlife Act
Marcus Lowe; Ermes Culos et al; Cornwall Watershed Coalition Society v. Director, Environmental Management Act

Wastech Services Ltd.; Village of Cache Creek, Third Parties Metro Vancouver, Observer

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema004a_005b_006a.pdf

Date Decision Issued:
2011-08-24

File Number:

Decision Number:
2009-EMA-004(a) 2009-EMA-005(b) 2009-EMA-006(a)

Act:

Environmental Management 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:
Stay application

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wat008a.pdf

Date Decision Issued:
2011-08-10

File Number:

Decision Number:
2011-WAT-008(a)

Act:

Water Act
Gary Blackwell v. Regional Manager

BC Wildlife Federation, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wil004.pdf

Date Decision Issued:
2011-07-28

File Number:

Decision Number:
2011-WIL-004(a)

Act:

Wildlife Act
Chief Richard Harry in his own right and on behalf of the Xwémalhkwu First Nation v. Assistant Regional Water Manager

Bear River Contracting Ltd., Third Party/Licence Holder

Decision Type:
Stay application

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wat005a_006a.pdf

Date Decision Issued:
2011-06-10

File Number:

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

Act:

Water Act
Colonial Coal Corporation v. Regional Manager

West Moberly First Nation, Applicant

Decision Type:
Application for party status

ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011wil002a.pdf

Date Decision Issued:
2011-05-31

File Number:

Decision Number:
2011-WIL-002(a)

Act:

Wildlife Act
Daniel Sapergia and Vyvian Burton v. Assistant Regional Water Manager

GDW Property Development Corporation; City of Vernon, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

Date Decision Issued:
2011-04-28

File Number:

Decision Number:
2009-WAT-003(a)

Act:

Water Act
Peter and Joan Sanders v. Assistant Regional Water Manager

Pincott Ranches Ltd., Participant

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat002a.pdf

Date Decision Issued:
2011-04-05

File Number:

Decision Number:
2009-WAT-002(a)

Act:

Water Act
Campbell Creek Water Users’ Community Association v. Assistant Regional Water Manager

Richard Baldelli & Lynda Baldelli; Ida Marie Roddan; Glen Jealouse & Jutta Jealouse, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wat011a_012a.pdf

Date Decision Issued:
2011-03-25

File Number:

Decision Number:
2010-WAT-011(a) 2010-WAT-012(a)

Act:

Water Act
Albion Samuel Tidler v. Assistant Regional Water Manager

Tim Coertze and Sara de Rose, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wat001a_003b_004a.pdf

Date Decision Issued:
2011-03-14

File Number:

Decision Number:
2010-WAT-003(b) 2010-WAT-004(a)

Act:

Water Act
Tim Coertze and Sara de Rose v. Assistant Regional Water Manager

Albion Samuel Tidler, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wat001a_003b_004a.pdf

Date Decision Issued:
2011-03-14

File Number:

Decision Number:
2010-WAT-001(a)

Act:

Water Act
Pacific Northwest Raptors Ltd. v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil021a.pdf

Date Decision Issued:
2011-02-25

File Number:

Decision Number:
2010-WIL-021(a)

Act:

Wildlife Act
Regional District of North Okanagan v. Director, Environmental Management Act

Decision Type:
Stay decision

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2011ema001a.pdf

Date Decision Issued:
2011-02-25

File Number:

Decision Number:
2011-EMA-001(a)

Act:

Environmental Management Act
Sonny Perkinson v. Acting Regional Manager

BC Wildlife Federation; North West Guides Association, Participants

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil003a_004a_007a_012a_015a.pdf

Date Decision Issued:
2011-02-16

File Number:

Decision Number:
2010-WIL-015(a)

Act:

Wildlife Act
Ray Collingwood v. Acting Regional Manager

BC Wildlife Federation; North West Guides Association; Tahltan Band Council, Participants

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil006a.pdf

Date Decision Issued:
2011-02-16

File Number:

Decision Number:
2010-WIL-006(a)

Act:

Wildlife Act
Ron Fitch v. Acting Regional Manager

BC Wildlife Federation; North West Guides Association, Participants

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil003a_004a_007a_012a_015a.pdf

Date Decision Issued:
2011-02-16

File Number:

Decision Number:
2010-WIL-003(a)

Act:

Wildlife Act
Mark Ranniger v. Acting Regional Manager

BC Wildlife Federation; North West Guides Association, Participants

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil003a_004a_007a_012a_015a.pdf

Date Decision Issued:
2011-02-16

File Number:

Decision Number:
2010-WIL-004(a)

Act:

Wildlife Act
Gary Blackwell v. Acting Regional Manager

BC Wildlife Federation; North West Guides Association, Participants

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil003a_004a_007a_012a_015a.pdf

Date Decision Issued:
2011-02-16

File Number:

Decision Number:
2010-WIL-007(a)

Act:

Wildlife Act
Robert Cork v. Acting Regional Manager

BC Wildlife Federation; North West Guides Association

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil003a_004a_007a_012a_015a.pdf

Date Decision Issued:
2011-02-16

File Number:

Decision Number:
2010-WIL-012(a)

Act:

Wildlife Act
Fiesta Greenhouses Ltd. v. Director, Environmental Management Act

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema017a.pdf

Date Decision Issued:
2011-02-03

File Number:

Decision Number:
2008-EMA-017(a)

Act:

Environmental Management Act
Fulfurd Creek Holdings Ltd. and Janis Gauthier v. Assistant Regional Water Manager

Decision Type:
Final decision

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wat009a_010a.pdf

Date Decision Issued:
2010-12-03

File Number:

Decision Number:
2010-WAT-009(a) 2010-WAT-010(a)

Act:

Water Act
Reg Collingwood v. Regional Manager

Decision Type:
Consent order final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil009a.pdf

Date Decision Issued:
2010-12-01

File Number:

Decision Number:
2010-WIL-009(a)

Act:

Wildlife Act
Blueberry River First Nation v. Regional Manager

Dustin Roe, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil018a.pdf

Date Decision Issued:
2010-10-27

File Number:

Decision Number:
2010-WIL-018(a)

Act:

Wildlife Act
Albion Samuel Tidler v. Assistant Regional Water Manager

Sara de Rose and Tim Coertze, Third Party / Licence Holder

Decision Type:
Stay application

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wat003a.pdf

Date Decision Issued:
2010-10-05

File Number:

Decision Number:
2010-WAT-003(a)

Act:

Water Act
Linda Yaciw v. Regional Wildlife Manager

BC Wildlife Federation, Participant

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil002a.pdf

Date Decision Issued:
2010-10-01

File Number:

Decision Number:
2010-WIL-002(a)

Act:

Wildlife Act
Ruth Madsen v. Director, Environmental Management Act

Aboriginal Cogeneration Corporation, Third Party / Permit Holder

Decision Type:
Application to adjourn hearing sine die

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema002b.pdf

Date Decision Issued:
2010-09-16

File Number:

Decision Number:
2010-EMA-002(b)

Act:

Environmental Management Act
Darlene Clark v. Director, Fish and Wildlife Branch

Decision Type:
Preliminary issue of jurisdiction

APPEAL REJECTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil016a.pdf

Date Decision Issued:
2010-09-16

File Number:

Decision Number:
2010-WIL-016(a)

Act:

Wildlife Act
Farmers’ Fresh Mushrooms Inc. v. Director, Environmental Management Act

H.V. Truong Ltd.; A-1 Mushroom Substratum Ltd., Third Parties

Decision Type:
Consent order final decision

ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema019a_020a.pdf

Date Decision Issued:
2010-09-07

File Number:

Decision Number:
2008-EMA-019(a) 2008-EMA-020(a)

Act:

Environmental Management Act
Canadian Pacific Railway Company v. Engineer under the Water Act

John Pozer and Lorraine Jamison; Vaughan Clements and Sheriden Clements; Attorney General of Canada (Minister of Fisheries and Oceans), Third Parties

Decision Type:
Stay decision

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/05/2010wat014a.pdf

Date Decision Issued:
2010-08-30

File Number:

Decision Number:
2010-WAT-014(a)

Act:

Water Act
Larry Hall v. Director of Wildlife

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil020a.pdf

Date Decision Issued:
2010-08-30

File Number:

Decision Number:
2010-WIL-020(a)

Act:

Wildlife Act
Arthur Thompson v. Regional Wildlife Manager

BC Wildlife Federation, Participant

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wil005a.pdf

Date Decision Issued:
2010-08-30

File Number:

Decision Number:
2010-WIL-005(a)

Act:

Wildlife Act
455161 BC Ltd. v. Director, Environmental Management Act

Decision Type:
Preliminary issue of jurisdiction by the respondent

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema007a.pdf

Date Decision Issued:
2010-08-25

File Number:

Decision Number:
2010-EMA-007(a)

Act:

Environmental Management Act
Warron Bridger v. Assistant Regional Water Manager

Regional District of East Kootenay, Third Party Howard W. and Diane R. Pickerings; Gary J. Olafson, Participants

Decision Type:
Final decision

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat013a.pdf

Date Decision Issued:
2010-08-04

File Number:

Decision Number:
2009-WAT-013(a)

Act:

Water Act
Steven Hoessl; Allan Tew; Hans Albert Jacobs; Richard Braun; Start G. Maitland; Jim Linnell; Darrel Collins; Brent Giles; Bradley R. Bowden; Chris Franke; Kevan Bracewell; David Harrington; Al Madley; Stewart Fraser; Frank Thiel; Dave Altherr; David Dorsey Jr. v. Regional Wildlife Manager

BC Wildlife Federation; Cariboo Chilcotin Guide Outfitters Association, Participants

Decision Type:
FINAL DECISION

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009will003ato017a_019a_020a.pdf

Date Decision Issued:
2010-08-03

File Number:

Decision Number:
2009-WIL-003(a) 2009-WIL-004(a) 2009-WIL-005(a) 2009-WIL-006(a) 2009-WIL-007(a) 2009-WIL-008(a) 2009-WIL-009(a) 2009-WIL-010(a) 2009-WIL-011(a) 2009-WIL-012(a) 2009-WIL-013(a) 2009-WIL-014(a) 2009-WIL-015(a) 2009-WIL-016(a) 2009-WIL-017(a) 2009-WIL-019(a) 2009-WIL-020(a)

Act:

Wildlife Act
Barry Burgoon, Marilyn Burgoon and Helen Elzinga; Christopher & Birgit Chart v. Regional Water Manager

McFayden Creek Water Users Community, Participant

Decision Type:
FINAL DECISION

2005-WAT-024 APPEAL DISMISSED, 2005-WAT-025 APPEAL DISMISSED, 2005-WAT-026 APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat024c_025c_026c.pdf

Date Decision Issued:
2010-06-28

File Number:

Decision Number:
2005-WAT-024(c) 2005-WAT-025(c) 2005-WAT-026(c)

Act:

Water Act
David Harris and Dennis Bremner in their individual capacities and on behalf of certain members of the Powell River Legacy; Patricia Picken; Dr. F. Andrew Davis; Rhonda Alton v. Director, Environmental Management Act

Catalyst Paper Corporation and Catalyst Paper Operations Limited dba Catalyst, Paper General Partnership, Permit Holder

Decision Type:
Final decision

APPEALS DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema009a_010a_011a_013a.pdf

Date Decision Issued:
2010-06-11

File Number:

Decision Number:
2008-EMA-009(a) 2008-EMA-010(a) 2008-EMA-011(a) 2008-EMA-013(a)

Act:

Environmental Management Act
Boliden Limited v. Regional Water Manager

Regional Power Inc., Third Party

Decision Type:
Preliminary issue to hold appeal in abeyance

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat011a.pdf

Date Decision Issued:
2010-05-17

File Number:

Decision Number:
2009-WAT-011(a)

Act:

Water Act
Wendy Coons and Lee Cornelius v. Assistant Regional Water Manager

Glen E. Franz and Donna L. Thompson; Melvin A. and Dorothy Hobbs, Third Parties

Decision Type:
Stay application

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010wat005a.pdf

Date Decision Issued:
2010-04-27

File Number:

Decision Number:
2010-WAT-005(a)

Act:

Water Act
Caryl and Jeff Jones v. Administrator, Integrated Pest Management Act

Minister of Forests and Range, Permit Holder

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ipm001a.pdf

Date Decision Issued:
2010-04-14

File Number:

Decision Number:
2010-IPM-001(a)

Act:

Integrated Pesticide Management Act
Dale F. Anderson v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil028a.pdf

Date Decision Issued:
2010-03-31

File Number:

Decision Number:
2009-WIL-028(a)

Act:

Wildlife Act
Ruth Madsen v. Director, Environmental Management Act

Aboriginal Cogeneration Corporation, Third Party/Permit Holder

Decision Type:
Preliminary issues of jurisdiction (standing and time to appeal)

JURISDICTION CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2010ema002a.pdf

Date Decision Issued:
2010-03-22

File Number:

Decision Number:
2010-EMA-002(a)

Act:

Environmental Management Act
Western Canada Computer Industry Association v. Director, Environmental Management Act

Decision Type:
Final decision

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema003a.pdf

Date Decision Issued:
2010-03-18

File Number:

Decision Number:
2009-EMA-003(a)

Act:

Environmental Management Act

Acts