(Interim)

Appeal No. 95-025-2


Preliminary Meeting: April 14, 1997
Date of Decision: April 14, 1997


IN THE MATTER OF Sections 84, 85, 86, 87, and 89 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);

-and-

IN THE MATTER OF
a Stay Application filed by Mr. Richard Secord, on March 20, 1997, with respect to Approval No. 95-IND-237 issued by the Director, Chemicals Assessment and Management Division, Alberta Environmental Protection to Chem-Security (Alberta) Ltd. for the importation and treatment of PCB waste.


Cite as: Charlie Chalifoux v. Director of Chemicals Assessment and Management, Alberta Environmental Protection.

PRELIMINARY MEETING BEFORE:
William A. Tilleman, Chair
Dr M. Anne Naeth
Dr. E. Ted Best

APPEARANCES
Appellant: Charlie Chalifoux, represented by Richard Secord and Karin Buss

Other Parties: Director, Chemicals Assessment and Management Division, Alberta Environmental Protection, represented by William McDonald (counsel)

Chem-Security (Alberta) Ltd., represented by Richard Neufeld (counsel)

BACKGROUND

This appeal relates to the operation of the Alberta Special Waste Treatment Centre (ASWTC) near Swan Hills, Alberta.

On November 30, 1995, the Acting Director of Chemicals Assessment and Management, Alberta Environmental Protection (Director) issued Approval No. 95-IND-237 (Approval) renewing an existing approval to Chem-Security (Alberta) Ltd. to operate the Alberta Special Waste Treatment Centre. The Approval was due to expire on July 1, 1995. It was the first permanent approval for the operation of the incinerator issued pursuant to the Environmental Protection and Enhancement Act (the Act).

The Director had previously issued permits to construct under s. 3 of the Clean Air Act and s. 3 of the Clean Water Act on October 22, 1992. A test burn licence for the purposes of testing and commissioning before normal operations commenced had previously been issued under s. 4 of the Clean Air Act on December 23, 1993.

On March 20, 1997, an Application for Stay of Approval No. 95-IND-237 was filed by counsel for Charlie Chalifoux (the Appellant). On March 27, 1997, the Environmental Appeal Board (the Board) advised all parties that a preliminary meeting would be held on April 14, 1997. This interim decision follows from the preliminary meeting.

THE PRELIMINARY MEETING

The preliminary meeting was held pursuant to Part 3 of the Act. The purpose of this preliminary meeting was to deal with whether the Board should proceed to a Stay hearing.

The Appellant urged the Board to proceed to a Stay hearing as soon as possible, relying on Alberta Rules of Court 508 for authority. Justice Medhurst(1) upheld the Board's jurisdiction to proceed to a hearing. The Appellant argued that Chem-Security could of sought a Stay of Justice Medhurst's decision pending their further appeal, but they did not. The Appellant further argued that this leaves it open to the Board to entertain a Stay application. The Appellant also raised the Board's Stay decision in Cool Spring Dairy Farms Ltd.(2) in support of their request for a Stay in the current case.

Mr. McDonald and Mr. Neufeld raised several legal issues that may significantly affect the Stay hearing. These issues included:

- Standing to participate in the Stay hearing, having regard for s. 87(6) of the Act,
- Breadth of s. 89 power to stay any or all of the decision appealed,(3) and
- Breadth of Stay hearing from an evidentiary perspective.

Following submissions today, the Board has decided that these proceedings should be adjourned. Accordingly, a preliminary meeting will be held on May 23, 1997, at the Board office in Edmonton to address the issues relevant to the pending Stay application.



ORDER

All parties are requested to file written briefs on the issues listed above, and on any other issues that may arise relevant to the Stay hearing filed with the Board, including applicable statutes, regulations and case law by May 2, 1997. This appeal relates to the operation of the Alberta Special Waste Treatment Centre (ASWTC) near Swan Hills, Alberta.

All parties will have one week to respond to the May 2, 1997, submissions.

The Stay hearing will be held approximately one month after the preliminary meeting of May 23, 1997, and will be based on any further direction given by the Board at that time and on the written submissions requested above and oral arguments made on May 23, 1997.

Signed and Dated on April 14, 1997, at Edmonton, Alberta.

Dr. William A.Tilleman, Chair

Dr. M. Anne Naeth

Dr. E. Ted Best



Footnotes

1. Decision of the Honourable Mr. Justice D.H. Medhurst in Chem-Security (alberta) Ltd. v. The Environmental Appeal Board, Action No. 9601-12061 dated November 5, 1996.

2. EAB Decision Appeal No. 96-070 issued April 1, 1997. Przybylski v. Director of Air and Water Approval Division, Alberta Environmental Protection.
The Board's Stay decision is now before the Court of Queen's Bench in Grande Prairie for Judicial analysis

3. See e.g. 87(2)(d) of the Act and the decision of Madame Justice C.L. Kenny in Gulf canada Resources Ltd. v. The Minister of Environmental Protection and Environmental Appeal Board, Action No. 9601-00113 dated April 25, 1996.

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