Appeal No. 99-165

 

Date of Discontinuance of Proceedings - February 10, 2000

 

IN THE MATTER OF Sections 84, 85, and 87 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 Mr. Leonard Despins and Mr. Allan Parranto with respect to the November 8, 1999 decision of the Regional Water Manager, Northwest Boreal Region, Natural Resources Service, Alberta Environment to refuse to issue an Approval under the Water Act.

Cite as: Despins and Parranto v. Regional Water Manager, Northwest Boreal Region, Natural Resources Service, Alberta Environment.

 

TABLE OF CONTENTS

BACKGROUND 1
THE MEDIATION MEETING 2
DECISION 3
 

MEDIATION MEETING BEFORE  

Dr. John P. Ogilvie

 

APPEARANCES

Appellants: Mr. Leonard Despins, Mr. Allan Parranto and Ms. Joan Wade

Department: Ms. Maureen Harquail, counsel, Alberta Justice, representing Mr. Craig Melin and Mr. Nico Wyngaarden, Northwest Boreal Region, Natural Resources Service, Alberta Environment

Other Parties: Mr. Emanuel R. Littman, Mr. Irvin R. Macklin, Mr. Leland Bankhead

 

BACKGROUND

[1] On November 8, 1999 Mr. J.A. Nessman, Regional Water Manager, Northwest Boreal Region, Natural Resources Service, Alberta Environment, refused to issue an Approval and preliminary certificate under the Water Act for the purpose of constructing a water collection system and diverting water from the Belloy Springs at NE 16-077-02-W6.

[2] On November 18, 1999, the Environmental Appeal Board (the Board) received a Notice of Appeal dated November 17, 1999 from Mr. Leonard Despins and Mr. Allan Parranto (the Appellants) advising that they objected to the refusal to issue an Approval.

[3] The Board wrote to Messrs. Despins and Parranto on November 19, 1999, acknowledging receipt of their appeal, and by copy of that letter, requested the Department of Environment (the Department) provide copies of all related correspondence, documents and materials related to this matter.

[4] According to standard practice, 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.

[5] On December 8, 1999, the Board wrote to the Appellants 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. In this same letter, the Board provided the Appellants with the information received from the Department on December 7, 1999.

[6] Responses were received from the Department and the Appellants via letters dated December 22, 1999 and January 11, 2000 respectively. The Department advised that the following persons could have an interest in this appeal: Alberta Environment Land and Forest Service, Grande Prairie; County of Birch Hill; Mr. Emanuel Littman; Mr. Lawrence Lovelace; Mr. Irvin Macklin; and Mr. and Mrs. Edward Reiman.

[7] On January 26, 2000, the Board wrote to all parties informing them that a mediation meeting/settlement conference would be held on February 7, 2000, and provided a copy to the interested parties identified by the Department. A Notice of Mediation Meeting/Settlement Conference and Public Hearing was placed in the Rycroft Central Peace Signal on February 1, 2000 stating that a mediation meeting/settlement conference would be taking place on February 7, 2000.

THE MEDIATION MEETING

[8] The Board conducted a mediation meeting in Grande Prairie, Alberta, on February 7, 2000, with Dr. John Ogilvie as the presiding Board member.

[9] According to the Board's standard practice, the Board called the mediation meeting in an attempt to mediate or facilitate 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/settlement conference. Other participants included Mr. Emanuel R. Littman, Mr. Irvin R. Macklin and Mr. Leland Bankhead.

[10] In conducting the mediation meeting, Dr. Ogilvie reviewed the appeal and mediation process and explained the purpose of the mediation meeting/settlement conference. Dr. Ogilvie then circulated copies of the "Participants' Agreement to Mediate" in which all participants signed.

[11] Following productive discussions, the Appellants withdrew their appeal by providing the following letter on February 7, 2000:

"Further to the mediation meeting held on the above date, please be advised that we hereby withdraw our appeal related to the above."

DECISION

[12] Pursuant to section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Leonard Despins and Mr. Allan Parranto's letter of February 7, 2000, the Board hereby discontinues its proceedings in Appeal 99-165 and will be closing its file.

Dated on February 10, 2000 in Edmonton, Alberta.

Dr. William A. Tilleman, Q.C.


FOOTNOTES

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

 

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