Appeal No. 99-162

 

Date of Report and Recommendations - April 10, 2000

 

IN THE MATTER OF Sections 84, 85, 87, 92 and 93 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);

-and-

IN THE MATTER OF an appeal filed by Ms. Margaret Barry with respect to Water Act Approval 00076346-00-00 issued to Dundee Development Corporation by the Manager, Regional Support, Northeast Boreal Region, Natural Resources Service, Alberta Environment.

Cite as: Barry v. Manager, Regional Support, Northeast Boreal Region, Natural Resources Service, Alberta Environment re: Dundee Development Corporation.

 

TABLE OF CONTENTS

BACKGROUND 1
THE MEDIATION MEETING/SETTLEMENT CONFERENCE 2
RECOMMENDATIONS 3
RESOLUTION AGREEMENT 4
ORDER 5
 

MEDIATION MEETING/SETTLEMENT CONFERENCE BEFORE

 Dr. Steve E. Hrudey

 

APPEARANCES

Appellant: Ms. Margaret Barry

Approval Holder: Mr. Dennis Thomas, Q.C., counsel, Fraser Milner, representing Mr. David Morris and Mr. Jeffrey Heximer, Dundee Development Corporation

Department: Ms. Heather Veale, counsel, Alberta Justice, representing Mr. John Folinsbee, Mr. Patrick Marriott, Mr. Dale Adams, Alberta Environment

 

BACKGROUND

[1] The Environmental Appeal Board (Board) received a Notice of Appeal dated November 8, 1999, from Ms. Margaret Barry (Appellant), objecting to Water Act Approval No. 00076346-00-00 issued to Dundee Development Corporation by the Manager, Regional Support, Northeast Boreal Region, Natural Resources Service, Alberta Environment. The Approval authorized Dundee Development Corporation to drain an unnamed waterbody located in the NE 07-052-23-W4, in the City of Edmonton.

[2] The Board wrote to the Appellant on November 10, 1999, acknowledging receipt of the Notice of Appeal and, and by copy of that letter, requested that the Department of Environment (Department) provide copies of all related correspondence, documents and materials related to this matter. The Board also wrote to Dundee Development Corporation on November 10, 1999, advising them of the Notice of Appeal.

[3] According to standard practice, on November 10, 1999, the Board wrote to the Natural Resources Conservation Board (NRCB) and the Alberta Energy and Utilities Board (AEUB) asking whether this matter had been the subject of a hearing or review under their respective Boards' legislation. Replies were subsequently received from both the NRCB and the AEUB stating that neither Board held a hearing or review.

[4] On December 30, 1999, the Board wrote to the Appellant, the Approval Holder and the Department, requesting that the parties advise whether they wished to have a mediation meeting/settlement conference under section 11 of the Environmental Appeal Board Regulation(1) and if there were any other persons who may have an interest in the appeal. Ms. Barry was asked in her letter from the Board to explain in more detail the environmental concerns they had with the Approval, the details of the decision objected to and to clarify the relief she was seeking. The Board also enclosed (for the Appellant and the Approval Holder) the information received from the Department.

[5] The Approval Holder, Dundee Development Corporation, responded to the Board on January 6, 2000, advising that they were willing to participate in an mediation meeting/settlement conference. The Department responded on January 11, 2000, advising that they were willing to participate in a mediation meeting/settlement conference. The Board received a letter from the Appellant on January 13, 2000 in reply to the Board's letter of December 30, 1999.

[6] The Board scheduled the mediation meeting/settlement conference for April 7, 2000 in Edmonton.(2)

THE MEDIATION MEETING/SETTLEMENT CONFERENCE

[7] Pursuant to section 11 of the regulations the Board conducted a mediation meeting/settlement conference in Edmonton, Alberta, on April 7, 2000, with Dr. Steve Hrudey as presiding Board member.

[8] According to the Board's standard practice the Board called the mediation meeting in an attempt to mediate or facilitate through a settlement conference the resolution of this appeal; or failing that, to structure procedural arrangements for the oral hearing. The Board invited representatives from each party to participate in the mediation meeting.

[9] In conducting the mediation meeting, Dr. Hrudey reviewed the appeal and mediation process and explained the purpose of the mediation meeting. He then circulated copies of the "Participants' Agreement to Mediate" which all participants signed.

[10] Following productive and detailed discussions, a resolution evolved and the attached settlement was signed (page 4 of this report).

RECOMMENDATIONS

[11] The Board recommends that the Minister of Environment approve the conditions of the Resolution contained herein.

[12] Further, with respect to sections 92(2) and 93 of the Environmental Protection and Enhancement Act, the Board recommends that copies of this Report and Recommendations, and of any decision by the Minister, be sent to the following parties:

Dated April 10, 2000, at Edmonton, Alberta.

Dr. Steve E. Hrudey

 

ORDER

I, Gary Mar Q.C. Minister of Environment, pursuant to Section 92 of the Environmental Protection and Enhancement Act, hereby make the order in the attached schedule being the Environmental Appeal Board Appeal number 99-162-R Order.

Dated at Edmonton, Alberta, this 20th day of April, 2000.


Honourable Gary Mar, Q.C.
Minister of Environment

FOOTNOTES

1. AR 114/93 (hereinafter "the regulations").

2. A Notice of Mediation Meeting/Settlement Conference and Public Hearing was placed in the Edmonton Journal on January 27, 2000, stating that a mediation meeting/settlement conference would be taking place on April 7, 2000.

 

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