Revised: May 19, 2017
  File & Number Status
  719722 Alberta Ltd.
EAB 10-031
May 15, 2017

A Notice of Appeal was received from 719722 Alberta Ltd. on November 19, 2010 with respect to Alberta Environment and Sustainable Resource Development's, now Alberta Environment and Parks (AEP), November 12, 2010 decision to issue Environmental Protection Order No. EPO-2010/48-CR under the Environmental Protection and Enhancement Act to 719722 Alberta Ltd. in relation to the clean-up of a retail gas station located at 4710-50 Avenue in Calmar. At the request of AESRD and the Appellant, the appeal was placed in abeyance while they discuss. On June 10, 2011, the parties requested the appeal proceed to a mediation meeting. A mediation meeting was held July 19, 2011 in Edmonton and a further mediation meeting was held February 27, 2012. Mediation meetings are not open to the public. AESRD and the Appellant continued discussions following the mediation, and amendments have been issued to the Order.

Hearings were scheduled for April 11-13 and September 25-27, 2012. Since AESRD conceded to the adjournments and was satisfied with the progress of the delineation and remediation work, the Board granted the adjournments, and requested the parties provide regular updates on the progress of the work. No further amendments have been issued to the Order. The Appellant continues to address the requirements of the Order. Status reports are due from the Appellant and AEP by May 26, 2017. Any person, other than the parties, who wished to make a representation before the Board on this appeal, was to submit a request to the Board by March 19, 2012. The Board received applications to intervene from the Town of Calmar, Leduc/Calmar Co-op, and two previous landowners W.W. Importers & Exporters Ltd. and Country Club Inn Ltd. On April 24, 2012, the Board issued its Decision granting full intervenor status to all the applicants because the Appellant intends to argue that other persons, including the intervenor applicants, should be named in the Environmental Protection Order. Therefore, the Board determined that all the applicants have a direct interest in the appeal and should be given the opportunity to participate in the appeal.

Should a hearing be held, the Board will provide the Minister of Environment and Parks with its Report and Recommendations pursuant to the Environmental Protection and Enhancement Act. The Minister will make the final decision on this appeal by issuing a Ministerial Order.

  Peter deGraaf and deGraaf Farming
EAB 12-002
May 16, 2017

A Notice of Appeal and request for a Stay were received on April 19, 2012 from Mr. Peter deGraaf and deGraaf Farming with respect to the April 2, 2012 decision of Alberta Environment and Sustainable Resource Development, now Alberta Environment and Parks (AEP), to issue Water Act Enforcement Order No. WA-EO-2012/01-SR to Mr. Peter deGraaf and deGraaf Farming for allegedly infilling a wetland without an approval at SE-19-13-17-W4M near Vauxhaull and Retlaw, Alberta.

Mediation Meeting - A mediation meeting was held on June 22, 2012 in Lethbridge that resulted in an interim agreement. Mediation meetings are not open to the public. As a result of that interim agreement, the hearing scheduled for July 25, 2012 was cancelled. Regular status reports are to be provided and the next status reports are due on May 16, 2017.

Hearing - The issues to be addressed if a hearing is held are those stated in the Notice of Appeal. Any person, other than the parties, who wished to make a representation before the Board on this appeal was to submit a request to the Board by June 25, 2012. The Board received applications to intervene from two neighbouring landowners and the Bow River Irrigation District (BRID). On July 26, 2012, the Board issued a Letter stating that it was reasonable to expect that any impact to the site that is the issue in the appeal would also impact the adjacent landowners, and therefore the Board granted full intervenor status to the neighbouring landowners. The Appellants raised the possibility that some of the water issues raised in the Enforcement Order are a result of water seeping from the BRID works. This suggests to the Board that the BRID clearly has an interest in the outcome of the appeal hearing, and therefore was granted full intervenor status.

Should a hearing be held, the Board will provide the Minister of Environment and Parks with its Report and Recommendations within 30 days of the hearing closing, pursuant to the Environmental Protection and Enhancement Act. The Minister would then make the final decision on this appeal by issuing a Ministerial Order.

  Peter Greenways and Greenways Inc.
EAB 12-004
May 3, 2017

A Notice of Appeal was received on May 30, 2012 from Peter Greenways and Greenways Inc. with respect to the May 30, 2012 decision of Alberta Environment and Parks (AEP) to issue to Peter Greenways and Greenways Inc. Enforcement Order No. EO-2012/01-NR for failing to properly store hazardous wastes and hazardous recyclables at Greenway's Inc., a former chrome and nickel plating facility located at 52 Street and 73 Avenue in Edmonton. The mediation meeting scheduled for August 22, 2012 in Edmonton was cancelled at the request of Mr. Greenways as they are complying with the Order. AEP consented to cancelling the mediation. Mediation meetings are not open to the public. The parties are to provide regular status reports on their progress, and the next status reports are due June 14, 2017.

  NuVista Energy Ltd.
EAB 13-027
November 17, 2016

A Notice of Appeal was received on March 11, 2014 from the landowner with respect to the September 10, 2013 decision of Alberta Environment and Parks (AEP), to issue to NuVista Energy Ltd. Reclamation Certificate No. 00331855-00-00 for the NuVista Alkali 14-13-24-5 well, located at W Sec. 13, Twp. 24, Rg. 5, W4M, near Oyen.

A mediation meeting was scheduled for June 16, 2014. Mediation meetings are not open to the public. On June 9, 2014 AEP requested the mediation meeting be cancelled to allow for two site visits to assess the site conditions and growth. After consulting with the landowner and NuVista, on June 12, 2014 the Board agreed to cancel the June 16, 2014 mediation and requested the parties provide status reports by July 31, 2014 regarding the assessment of the site and discussions. The appeal was placed in abeyance until a site visit was conducted in 2016. Work has taken place on the land and site visits are occurring to monitor the site. NuVista is to provide regular status reports on their progress. On November 17, 2016, the Board requested NuVista's provide their next status report by June 30, 2017.

  Westar Landfill Ltd.
EAB 14-001
May 16, 2017

A Notice of Appeal was received on April 14, 2014 with respect to the April 8, 2014 decision of Alberta Environment and Parks (AEP), to issue to Westar Landfill EPEA Environmental Protection Order No. EPO-2014/04-SSR for allegedly releasing substances from the landfill, located in Cypress County.

The Appellant requested a stay of the Order. AEP agreed to an interim stay and the EPO has been amended by extending the deadlines.

Mediation Meeting - On June 17, 2014, in consultation with the parties, a mediation meeting was held on July 15, 2014. Mediation meetings are not open to the public. A second mediation was scheduled for November 4, 2014, however the parties requested the mediation be rescheduled as the Appellant was conducting testing. The mediation was scheduled for February 4, 2015, however, the Appellant requested the mediation be cancelled as they were waiting for testing results and meeting with AEP in early January. On January 2, 2015 the Board cancelled the February 4, 2015 mediation meeting. Regular status reports are to be provided by the parties on their progress, and the next status reports are due June 19, 2017.

  Palmer Ranch (1984) Ltd.
EAB 14-009
December 19, 2016

A Notice of Appeal was received on May 27, 2014 from Palmer Ranch (1984) Ltd., in relation to the March 31, 2014 decision of the Director, Alberta Environment and Parks (AEP), to issue Water Act Preliminary Certificate No. 00348439-00-00 to Palmer Ranch (1984) Ltd. The Preliminary Certificate states that upon compliance with conditions in the Preliminary Certificate, Palmer Ranch (1984) Ltd. will receive a licence to divert 730 cubic metres of water annually for commercial purposes (water bottling) from a well in NE 29-003-28-W4M that is hydraulically connected to the Waterton River with priority number 2000-04-04-001.

The Board agreed to set aside its May 20, 2015 Decision and hear the merits of the appeal in exchange for the Appellant withdrawing their judicial review. As of October 22, 2016 the judicial review has not been withdrawn.

Hearing - A written hearing is being held and the last submission was received November 30, 2016. On December 19, 2016, the Panel hearing this matter advised it will have questions for the parties and is addressing motions from the parties. As of May 19, 2017, the hearing remains open. The Minister will make the final decision on the appeal. The Board must provide the Minister of Environment and Parks with its Report and Recommendations within 30 days of the hearing closing pursuant to the Environmental Protection and Enhancement Act. The due date to provide the Minister with the Report and Recommendations will be determined after the hearing is closed.

  M. Pidherney's Trucking Ltd. and 1598768 Alberta Ltd.
EAB 15-001-002
May 15, 2017

A Notice of Appeal was received on May 8, 2015 with respect to the April 8, 2015 decision of Alberta Environment and Parks (AEP) to issue to M. Pidherney's Trucking Ltd. and 1598768 Alberta Ltd. EPEA Administrative Penalty No. 15/03-AP-RDNSR-15/03 in the amount of $224,542.00 for operating a pit exceeding 5 hectares without authorization, and failing to report any contravention of the Code of Practice for pits, for a site at SW-5-40-9-W5M in Clearwater County.

Mediation Meeting - A mediation meeting was held on September 2, 2015 and a further mediation was held on December 6, 2016. Mediation meetings are not open to the public.

Hearing - Two issues only were being addressed through a written hearing and submissions were received in February 2017. In May 2017, the Board decided it would proceed to an oral hearing on the two issues. Due to the parties' schedules the hearing will be held at the end of September or October 2017. The issues to be heard are: 1. Is the Director obligated to consider what may be an appropriate administrative penalty for a corporation who has been found to have operated a sand and gravel facility without a registration with respect to section 237(2) of the Environmental Protection and Enhancement Act on both subsections (a) and (b)? 2. If the principles of parity and proportionality do apply, what direction would the Board provide as to how a Director ought to consider these principles in the administrative penalty assessment process? Once the Board has made a decision on these issues, it will provide direction on how the remaining issues in this appeal will be dealt with.

Any person, other than the parties, who wished to make a representation before the Board on this appeal was to submit a request by January 6, 2017. The Board did not receive any applications to intervene.

The Board will make the final decision on this appeal. The Board must issue its Decision within 30 days of the hearing closing pursuant to the Environmental Protection and Enhancement Act.

  1370996 Alberta Ltd.
EAB 15-020
March 27, 2017

A Notice of Appeal was received on July 24, 2015 with respect to the July 20, 2015 decision of Alberta Environment and Parks (AEP) to issue EPEA Environmental Protection Order No. EPO-2015/02-SSR to 1370996 Alberta Ltd. for allegedly releasing a substance into the environment at W 1/2-11-14-23-W4M, which is immediately adjacent to the Little Bow River and that the substance may cause, is causing or has caused an adverse effect on the environment, including impairment of or damage to the environment, human health or safety of property. On July 15, 2015 a fertiziler storage tank ruptured releasing approximately 9800L of urea ammonium nitrate, near Carmangay.

Stay Request - The Appellant applied to the Board for a stay of the Order. After receiving information from the parties, on August 12, 2015 the Board denied the stay, with reasons to follow. The Board's Decision was issued on October 14, 2015.

Mediation Meeting - Mediation meetings were held on September 11, 2015 in Lethbridge and via conference call on October 13, 2015. Mediation meetings are not open to the public. The parties are to provide regular status reports on their progress. The next status reports are due May 26, 2017.

  Lafarge Canada Inc.
EAB 15-021
December 12, 2016

A Notice of Appeal was received on August 28, 2015 with respect to the August 14, 2015 decision of Alberta Environment and Parks (AEP) to issue Water Act Approval No. 00255428-00-00 to Lafarge Canada for the construction and maintenance of an end pit lake for recreational use as a result of reclamation of a sand and gravel extraction operation, and for the construction of river flood protection works including goynes and a rock trenchfill structure for a sand and gravel extraction operation on the NE 34-061-06-W5M and SE 03-062-06-W5M, near Fort Assiniboine.

Mediation Meeting - A mediation meeting was held on December 14, 2015 in Edmonton. Mediation meetings are not open to the public. Discussions continued, however, the appeal was not resolved and the mediation was closed on September 27, 2016.

Preliminary Motions - The parties are to provide submissions on whether the appellant is directly affected and what issues should be heard at a hearing (should one be held). The last submission was received on December 9, 2016 and the Board Panel convened on January 9, 2017 to discuss. The Board will make a decision on whether the appellant is directly affected, and if so, what issues should be heard at a hearing. As of May 19, 2017, the Board's decision is outstanding.

  Diamond H Farms Ltd., Peter Hebert and Gabriel Hebert
EAB 15-027-029
May 17, 2016

A Notice of Appeal was received on October 16, 2015 from Diamond H Farms Ltd., Peter Hebert and Gabriel Hebert regarding the October 9, 2015 decision of Alberta Environment and Parks (AEP) to issue to Diamond H Farms Ltd., Peter Hebert and Gabriel Hebert Water Act Enforcement Order No. WA-EO-2015/05-LAR for allegedly conducting activities in relation to the Columbine Creek without a Water Act authorization.

Mediation Meeting - A mediation meeting was held on December 10, 2015 in St. Paul. Mediation meetings are not open to the public. The mediation is ongoing and status reports on the parties' progress are due June 16, 2017.

  A&T Construction, Transit Mix, Brian Tkachuk and Wade Tkachuk
EAB 15-041
December 12, 2016

A Notice of Appeal was received on March 30, 2016 from A&T Construction, Transit Mix, Brian Tkachuk and Wade Tkachuk regarding the March 23, 2016 decision of Alberta Environment and Parks (AEP) to issue to A&T Construction, Transit Mix, Brian Tkachuk and Wade Tkachuk Water Act Enforcement Order No. WA-EO-2016/01-LAR for allegedly conducting activities without authorization in relation to a wetland located at SW-01-67-14-W4M in Lac La Biche.

On April 7, 2016 the parties requested the Board hold the appeal in abeyance while the Appellant and AEP attempted to resolve the appeal. As no resolution was reached, on June 21, 2016 the Appellant requested the appeal proceed.

Mediation Meeting - A mediation meeting was held on September 14, 2016. Mediation meetings are not open to the public. The mediation is ongoing and status reports on the parties' progress are due August 15, 2017.

  Benga Mining Ltd.
EAB 16-001
October 14, 2016

A Notice of Appeal was received on April 19, 2016 from Benga Mining Ltd. regarding the March 4, 2016 decision of Alberta Environment and Parks (AEP) to cancel Water Act Licence No. 86 in the Oldman River and No. 3 on Gold Creek (NE-31-7-3-W5M). The Licence was issued under the Water Resources Act to Joseph Margetak.

On April 21, 2016, Alberta Environment and Parks requested the appeal be dismissed because only the licensee may appeal a cancellation of a licence and Benga is not the licensee (s. 115(1)(g) of the Water Act). AEP further stated that should the Board decide that Benga has standing to appeal, the appeal has been filed outside the 30 day time limit dictated by the legislation (s. 116(1)(b) of the Water Act) and should be dismissed. Submissions were received by June 17, 2016 on whether Benga has standing to appeal and the Board is reviewing. On October 14, 2016 the Board dismissed the appeal stating Benga Mining is not a Licencee, in that they neither own the land or the undertaking to which the Water Act Licence is appurtenant, therefore they cannot appeal. The Board's reasons will be issued in due course. As of May 19, 2017, the reasons are outstanding.

  Jack and Donna Minsky
EAB 16-004
April 26, 2017

A Notice of Appeal was received on May 27, 2016 with respect to the May 19, 2016 decision of Alberta Environment and Parks (AEP) to issue to Jack and Donna Minsky Water Act Approval No. 00251587-00-00 for the construction, operation and maintenance of a surface water drainage system consisting of constructing drainage ditches and ditch blocks, installing culverts and modifying Pond 1 and Pond 2, located at W 1/2-07-55-24-W4M in Sturgeon County.

Mediation Meeting - A mediation meeting was held on September 2, 2016, however, it did not resolve the appeal. Mediation meetings are not open to the public.

Hearing - A hearing was held on April 26, 2017 at the Board's office. The issue for the hearing is: Does the Approval adequately address the impact of water flows on adjacent properties? This issue includes ensuring there are no negative impacts to neighbouring properties, and ensuring adequate water flows to any wetlands in the area.

Any person, other than the parties, who wishes to make a representation before the Board on this appeal must submit a request in writing by fax (780-427-4693) or by e-mail (gilbert.vannes@gov.ab.ca) to the Board. The request must be received by the Board on or before March 7, 2017. It is the applicant's responsibility to ensure their request is received by the Board by March 7, 2017. The request shall (a) contain the name, address, e-mail, and telephone and fax numbers of the person submitting the request, (b) indicate whether the person submitting the request intends to be represented by a lawyer or agent and, if so, the name of the lawyer or agent, (c) contain a summary of the nature of the person's interest in this appeal, and (d) be signed by the person submitting the request. Applications will only be considered if the information will assist the Board in making its decision, and will not duplicate the information provided by the parties. After March 7, 2017, the Board will, in its discretion, determine if other persons may make representations, and the manner in which they can be made. Once the Board makes a decision on any intervenor applications, the hearing will be open to the public for viewing only.

Effective February 17, 2017, copies of material filed with the Board respecting this appeal will be available for viewing at the Morinville Public Library, 10125 - 100 Avenue, Morinville, Alberta, during its normal operating hours, or by appointment at the office of the Environmental Appeals Board in Edmonton.

The Minister will make the final decision on this appeal. The Board must provide the Minister of Environment and Parks with its Report and Recommendations within 30 days of the hearing closing pusuant to section 99(1) of the Environmental Protection and Enhancement Act. The Minister will make the decision by issuing a Ministerial Order. The Board's Report is due to the Minister by May 26, 2017.

  Terry and Catherine Gilbertson
EAB 16-005
May 9, 2017

A Notice of Appeal was received on June 10, 2016 with respect to the May 2, 2016 decision of Alberta Environment and Parks (AEP) to issue to Terry and Catherine Gilbertson Water Act Licence No. 00369196-00-00 for the operation of a works and the diversion of up to 3400 cubic metres of water annually from SW-35-038-09-W4M for agricultural purposes (stock watering), near Brownfield.

Mediation Meeting - A mediation meeting was held on August 18, 2016 in Coronation. Discussions continued, however the appeal was not resolved. Mediation meetings are not open to the public.

Hearing - The hearing scheduled for March 24, 2017 was cancelled on March 23, 2017 because the Appellant withdrew the appeal.

Any person, other than the parties, who wished to make a representation before the Board on this appeal was to submit a request by March 10, 2017. The Board did not receive any requests. The hearing is open to the public for viewing only.

Costs - The Board received cost applications from the Appellant and Licence Holder along with comments on the applications. As of May 18, 2017, the Board Panel is reviewing the submissions and will decide if any costs will be awarded.

  728106 Alberta Ltd. and Wolfgang Wendrich (Crowsnest Mountain Resort)
EAB 16-006
November 18, 2016

A Notice of Appeal and request for a stay were received on July 4, 2016 from Wolfgang Wendrich on behalf of Crowsnest Mountain Resort in relation to the June 30, 2016 decision of Alberta Environment and Parks (AEP) to issue to 728106 Alberta Ltd. (operating as Crowsnest Mountain Resort) and Wolfgang Wendrich, EPEA Environmental Protection Order No. EPO-2016/03-SSR for allegedly operating or maintaining a non-compliant water delivery system in a manner that may cause or is causing the potable water supplied by that system to be unfit for its intended uses.

The Board requested the Appellant provide answers to questions regarding the stay request. The Appellant provided the requested information on July 6 and on July 26, 2016, the Board denied the stay request. Since AEP did not want to proceed to mediation meeting a hearing was scheduled for October 21, 2016. On September 2, 2016, AEP advised that the Order was cancelled and the October 21, 2016 hearing was therefore cancelled. On November 18, 2016, the appeal was dismissed for being moot and the Board will issue a formal decision in due course. As of May 16, 2017, there has been no change to the status of this appeal.

  Town of Wainwright
EAB 16-009
April 13, 2017

A Notice of Appeal was received on July 18, 2016 regarding the July 6, 2016 decision of Alberta Environment and Parks (AEP), to issue Water Act Approval No. 00367709-00-00 on July 6/16 to the Town of Wainwright to infill and disturb wetlands near SE-05-45-06-W4M in Wainwright.

Mediation Meeting - A mediation meeting is scheduled for June 28, 2017 in Edmonton. Mediation meetings are not open to the public.

  William and Audrey Trenchuk
EAB 16-010-023
May 10, 2017

Nine individuals filed Notices of Appeal July 21-25, 2016, with respect to the July 11, 2016 decisions of Alberta Environment and Parks (AEP) to issue to William and Audrey Trenchuk: Water Act Approval No. 00378428-00-00 that authorizes maintaining, removing or disturbing ground, vegetation or other material in or on any land, water or water body for the construction of a dugout in SW-22-059-16-W4M for stock watering purposes; and Water Act Licence No. 00360885-00-00 authorizing the operation of a works and the diversion of up to 18,100 cubic metres of water annually from the source of water known as Dugout #1 in SE-21-059-16-W4M for stock watering purposes and miscellaneous farm use; and up to 10,860 cubic metres of water annually from the source of water known as Dugout #2 in SW-22-059-16-W4M for stock watering purposes, for the Trenchuk Feedlot, in Smoky Lake.

Mediation Meeting - A mediation meeting was held on November 15, 2016 in Smoky Lake, however the appeals were not resolved. Mediation meetings are not open to the public.

Hearing - A hearing has been scheduled for June 16, 2017, at the Board's office. The issues for the hearing are: 1. Were the Approval and Licence properly issued ensuring no impact to the water supplies of the Appellants? This issue includes consideration of (a) whether the Trenchuks need the water included in the Licence for their operation, (b) the amount of water available in the basin for the Trenchuks' operation and other water users, and (c) whether the applications were complete (ie. whether sufficient technical information was provided). 2. Are the terms and conditions of the Licence and Approval sufficient to protect local water supplies and the local environment?

Any person, other than the parties, who wishes to make a representation before the Board on this appeal must submit a request in writing by fax (780-427-4693) or by e-mail (gilbert.vannes@gov.ab.ca) to the Board. The request must be received by the Board on or before May 24, 2017. It is the applicant's responsibility to ensure their request is received by the Board by May 24, 2017. The request shall (a) contain the name, address, e-mail, and telephone and fax numbers of the person submitting the request, (b) indicate whether the person submitting the request intends to be represented by a lawyer or agent and, if so, the name of the lawyer or agent, (c) contain a summary of the nature of the person's interest in this appeal, and (d) be signed by the person submitting the request. Applications will only be considered if the information will assist the Board in making its decision, and will not duplicate the information provided by the parties. After May 24, 2017, the Board will, in its discretion, determine if other persons may make representations, and the manner in which they can be made. Once the Board makes a decision on any intervenor applications, the hearing will be open to the public for viewing only.

Effective May 5, 2017, copies of material filed with the Board respecting this appeal will be available for viewing at the Smoky Lake Public Library, 5010-50 Street, Smoky Lake, Alberta, during its normal operating hours, or by appointment at the office of the Environmental Appeals Board in Edmonton.

The information requested is necessary to allow the Environmental Appeals Board to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of these appeals. The information you provide will be considered a public record.

The Minister will make the final decision on this appeal. The Board must provide the Minister of Environment and Parks with its Report and Recommendations within 30 days of the hearing closing pusuant to section 99(1) of the Environmental Protection and Enhancement Act. The Minister will make the decision by issuing a Ministerial Order.

  Secure Energy Services Inc.
EAB 16-024
January 18, 2017

A Notice of Appeal was received on July 28, 2016 from NormTek Radiation Services Ltd. regarding the July 14, 2016 decision of Alberta Environment and Parks (AEP), to issue to Secure Energy Services Inc., EPEA Amending Approval No. 48516-01-04 authorizing the construction, operation and reclamation of the Pembina Area Landfill, consisting of a Class 1 and Class II landfill where more than 10,000 tonnes per year of hazardous waste and non-hazardous waste are disposed of, near Drayton Valley.

Secure Energy challenged the Appellant's appeal stating the Appellant is not directly affected by the Amending Approval. Submissions were received and on October 13, 2016, the Board dismissed the appeal stating NormTek Radiation Services is not directly affected by the Amending Approval. The Board will issue its reasons in due course. As of May 19, 2017, the decision has not been issued.

On January 11, 2017, NormTek filed two judicial reviews in the Court of Queen's Bench. See the Judicial Review webpage for information.

  Beaverlodge River Arctic Grayling Renewal Society
EAB 16-025
January 30, 2017

A Notice of Appeal was received from the Beaverlodge River Arctic Grayling Renewal Society on August 9, 2016 regarding the August 3, 2016 decision of Alberta Environment and Parks (AEP) to return to the Society Water Act Application No. 001-00374356 for being incomplete. The application relates to the replacement of a fish ladder at the Town of Beaverlodge weir.

The Board stated that the appeal appears to relate to a decision that is not appealable under section 115 of the Water Act and requested the Society provide an explanation as to why they believe AEP's decision is appealable. Submissions were received and on January 30, 2017, the Board dismissed the appeal stating that section 37(4) of the Water Act allows the Director to require the consent of the owner of the structure as a requirement for the application to be complete. The Appellant was not able to obtain the consent, and therefore the application is incomplete. Section 115 of the Water Act outlines the types of decisions made by the Director that can be appealed. The refusal to accept an incomplete application is not listed under section 115, therefore it is not appealable. The Board will issues its reasons for the decision in due course. As of May 19, 2017, the Board's reasons are outstanding.

  Gordon Atkins and Creekworks Ltd.
EAB 16-027
March 17, 2017

A Notice of Appeal was received from Gordon Atkins on September 23, 2016 in relation to the August 31, 2016 decision of Alberta Environment and Parks (AEP) to issue Water Act Administrative Penalty No. WA-16/02-AP-SSR-16/04 in the amount of $5,000 to Gordon Atkins and Creekworks Ltd. for allegedly conducting unauthorized activities without an Approval, being the infilling and re-sloping of Lees Creek at NW-4-3-25-W4M in Cardston.

Hearing - A hearing was held on February 15, 2017 in Calgary. The hearing was open to the public for viewing only. The issues heard are: 1. Was the Administrative Penalty properly issued? In determining whether the Administrative Penalty was properly issued, the Board will among other matters be considering: (a) Whether the Appellant was duly diligent, meaning he took all the reasonable steps to comply with the legal requirements in undertaking the activities in Lees Creek; (b) Whether any government officials officially induced an error on the part of the Appellant, meaning whether the Appellant was mislead or not provided enough information about what the legal requirements were to undertake the activities on Lees Creek; and (c) Whether the process the Director followed in issuing the Administrative Penalty was fair, meaning it complied with the principles of natural justice and procedural fairness? 2. Are the Adjustment Factors for the Administrative Penalty properly applied?

Any person, other than the parties, who wished to make a representation before the Board on this appeal was to submit a request to the Board by January 20, 2017. The Board did not receive any applications to intervene. The hearing is open to the public for viewing only.

The Board issued its Decision on March 17, 2017 reducing the $5,000 penalty to $2,500. The file is now closed.

  Cherokee Canada Inc. and 1510837 Alberta Ltd.
EAB 16-028-029 and 16-034-035
April 21, 2017

Notices of Appeal were received from Cherokee Canada Inc. and 1510837 Alberta Ltd. on October 3, 2016 regarding the October 3, 2016 decisions of Alberta Environment and Parks (AEP), to suspend an application and refuse to issue an Amending Approval without providing reasons in relation to EPEA Approval No. 9724-04-00, and to suspend an application and refuse to issue a Remediation Certificate without providing reasons to Cherokee Canada Inc. and 1510837 Alberta Ltd., with respect to a portion of the Domtar wood processing site located in Edmonton.

Alberta Environment and Parks stated no decision has been made by AEP that is appealable under section 91 of the Environmental Protection and Enhancement Act. On November 10, 2016, AEP provided a submission on their motion the appeals should be dismissed for not being valid appeals. Submissions were received from the parties on AEP's motion to dismiss. The Board determined that it needs AEP's records in order to make a decision. No decision has been made on this motion.

Mediation - A mediation was held on April 21, 2017 with respect to AEP's records, and is ongoing. Mediation meetings are not open to the public.

  Chestermere Lake Land Enterprises Inc. and Kinniburgh South Limited Partnership
EAB 16-033 & 036
April 27, 2017

A Notice of Appeal was received from Chestermere Lake Land Enterprises Inc. on October 31, 2016 and from Kinniburgh South Limited Partnership on November 15, 2016, in relation to the October 5, 2016 decision of Alberta Environment and Parks (AEP) to issue Water Act Administrative Penalty No. WA-16/06-AP-SSR-16/06 to Chestermere Lake Land Enterprises Inc. and Kinniburgh South Limited Partnership (by its General Partner 1290765 Alberta Ltd.) in the amount of $15,000 for allegedly conducting unauthorized activity without an approval under the Water Act, between 2008 and 2009, being the removal of three wetlands within the Town of Chestermere which may change the location or flow of water near 2-24-28-W4M.

Mediation Meeting - The mediation meeting held on April 5, 2017 was successful. Mediation meetings are not open to the public. The Board issued its Decision on April 27, 2107 reflecting the parties' agreement. The file is now closed.

  Ole and Diane Ellefson
EAB 16-037
April 19, 2017

A Notice of Appeal was received on November 16, 2016 in relation to the October 28, 2016 decision of Alberta Environment and Parks (AEP) to issue Water Act Approval No. 00381707-00-00 to Ole and Diane Ellefson allowing for the removal of vegetation on Baptiste Lake at Lot 9, Block 2, Plan 5979KS.

Mediation Meeting - A mediation meeting was held on April 18, 2017 and is ongoing in Edmonton. Mediation meetings are not open to the public.

  Capital Power GP Holdings Inc.
EAB 16-038-041
April 18, 2017

Notices of Appeal were received on November 29, 2016 in relation to the November 9, 2016 decision of Alberta Environment and Parks (AEP) to issue Water Act Licence No. 00151663-01-00 to Capital Power GP Holdings Inc. for the operation of a works and diversion of up to 709,000 cubic meters of water annually for industrial cooling as follows: 523,000 cubic meters from Genesee Creek, 39,000 cubic meters from a surface water runoff tributary to the North Saskatchewan River (via Creek 5), 108,000 cubic meters from a surface water runoff tributary to the North Saskatchewan River (via Creek 4), and 39,000 cubic meters from a surface water runoff tributary to the North Saskatchewan River (via East Creek) at Sections 22-27, 34 and 35 located in 50-03-W5M.

Mediation Meeting - The mediation meeting scheduled for April 25, 2017 has been cancelled to address Capital Power's motion to dismiss the appeals. Mediation meetings are not open to the public.

Motion to Dismiss Appeals - On February 22, 2017, Capital Power requested the Board dismiss the appeals because all of the Appellants concerns stated in their Notices of Appeal were addressed at a mediation meeting with the Alberta Energy Regulator. The Board set a submission schedule to decide the motion and the final submission was received April 18, 2017. The Board panel hearing this motion will discuss on May 16, 2017.

  TELUS Communications Inc.
EAB 16-042
April 28, 2017

A Notice of Appeal was received on November 25, 2016 in relation to the October 28, 2016 decision of Alberta Environment and Parks (AEP) to issue Environmental Protection and Enhancement Act Act Administrative Penalty No. EPEA-16/12-AP-UAR-16/12 in the amount of $634,315.00 to TELUS Communications for allegedly disposing waste without authorization near the Town of Hinton.

As of January 10, 2017, the appeal is in abeyance while the Appellant and AEP are in discussions. The parties are to provide regular updates on their discussions. The next status reports are due by May 31, 2017.

  Lafarge Canada Inc.
EAB 16-043
January 31, 2017

A Notice of Appeal was received on November 29, 2016 in relation to the October 28, 2016 decision of Alberta Environment and Parks (AEP) to reject Lafarge's reclamation certificate Application No. 001-00378282 in relation to the Mothersole Pit located at NW 3, SE and SW 24-51-03-W5M, in Leduc County.

The parties are arranging a site visit in June or July 2017 and status reports are to be provided by May 31, 2017 on the site visit and parties' discussions.

  Lafarge Canada Inc.
EAB 16-044
January 31, 2017

A Notice of Appeal was received on November 29, 2016 in relation to the October 28, 2016 decision of Alberta Environment and Parks (AEP) to reject Lafarge's reclamation certificate Application No. 001-00378221 in relation to the Gee Pit held under Registration No. 00015079-00-00, located at SE 33-42-26-W4M in Ponoka County.

The parties are arranging a site visit in June or July 2017 and status reports are to be provided by May 31, 2017 on the site visit and parties' discussions.

  Aurora Heights Management Ltd.
EAB 16-045
February 21, 2017

A Notice of Appeal was received on December 7, 2016 fron Aurora Heights in relation to Alberta Environment and Parks' (AEP) failure to process an application dated July 15, 2014, for a Water Act Approval for wetland restoration/compensation in relation to lands located at SE 34-39-27-W4M and SW 35-39-27-W4M in the Town of Blackfalds.

Alberta Environment and Parks requested the appeal be dismissed stating AEP has not made a decision that creates a right of appeal under section 115 of the Water Act. A schedule has been set to receive submissions on AEP's motion to dismiss the appeal and the final submission was received on February 21, 2017. The Board will now make a decision on AEP's motion to dismiss the appeal. As of May 19, 2017, there is no change to the status of this appeal.

  Kinniburgh South Limited Partnership and Golden Triangle Construction
EAB 16-046-047
April 27, 2017

Notices of Appeal were received fron Kinniburgh South and Golden Triangle in relation to the October 5, 2016 decision of Alberta Environment and Parks (AEP) to issue Water Act Administrative Penalty No. WA-16/07-Ap-SSR-16/07 to Kinniburgh South Limited Partnership (by its general partner 1290765 Alberta Ltd.) and Golden Triangle Construction Management Inc. in the amount of $35,000.00 for allegedly conducting unauthorized activities in 2011 and 2013, being the removal of seven wetlands within the Town of Chestermere which may change the location or flow of water.

Mediation Meeting - The mediation meeting held on April 5, 2017 was successful. Mediation meetings are not open to the public. The Board issued its Decision on April 27, 2107 reflecting the parties' agreement. The file is now closed.

  Regional Municipality of Wood Buffalo
EAB 16-048
April 12, 2017

A Notice of Appeal was received from the Regional Municipality of Wood Buffalo on December 16, 2016 in relation to the November 16, 2016 decision of Alberta Environment and Parks (AEP) to issue Administrative Penalty No. EPEA-16/13-AP-RDNSR-16/13 to the Regional Municipality of Wood Buffalo in the amount of $50,000.00 for allegedly constructing an unauthorized wastewater treatment plant in 2014 at 151 MacDonald Drive, Fort McMurray.

Alberta Environment and Parks provided their records in relation to the Administrative Penalty. Due to the volume of AEP's records, it is expected to take some time to reproduce.. The Appellant advised they will schedule a meeting with AEP once they receive AEP's records from the Board.

  Aurora Heights Management Ltd., Ronald Henschel and Garry Will
EAB 16-049-051
January 30, 2017

Notices of Appeal were received from Aurora Heights Management Ltd., Ronald Henschel and Garry Will on December 17, 2016 in relation to the December 16, 2016 decision of Alberta Environment and Parks (AEP) to issue Enforcement Order No. WA-EO-2016/03-RDNSR to Aurora Heights Management Ltd., Ronald Henschel and Garry Will for allegedly infilling a wetland without an approval at SE-34-39-27-W4M and SW-35-39-27-W4M in the Town of Blackfalds.

The Board reviewed the stay application from the Appellants and on January 30, 2017 granted a temporary stay until submissions can be received from AEP and the Appellants. The final submission was received on February 17, 2017 and the Board will make a final decision on the stay application. As of May 19, 2017, a decision has not been made on the stay.

  Domtar Inc., Cherokee Canada Inc., 1510837 Alberta Ltd.
EAB 16-052-054
April 21, 2017

Notices of Appeal were received from Domtar Inc., Cherokee Canada Inc. and 1510837 Alberta Ltd. on December 22 and 23, 2016 in relation to the December 20, 2016 decision of Alberta Environment and Parks (AEP) to issue Environmental Protection Order No. EPO-2016/05-RDNSR to Domtar Inc., Cherokee Canada Inc. and 1510837 Alberta Ltd. for the clean-up of a site where a wood processing plant that produced treated wood products operated from 1924 to 1987, located at 4439-127 Avenue in Edmonton.

Domtar, Cherokee and 1510837 Alberta Ltd. filed stay applications and the Board determined that a temporary stay will be granted until the Board receives submissions. The last submission on the stay was received March 28, 2017, and the Board will make a final decision on the stay. As of May 19, 2017 the decision on the stay is outstanding.

Mediation - A mediation was held on April 21, 2017 with respect to AEP's records, and is ongoing. Mediation meetings are not open to the public.

  Cherokee Canada Inc., 1510837 Alberta Ltd.
EAB 16-055-056
April 21, 2017

Notices of Appeal were received from Cherokee Canada Inc. and 1510837 Alberta Ltd. on December 23, 2016 in relation to the December 16, 2016 decision of Alberta Environment and Parks (AEP) to issue Enforcement Order No. EPEA-EO-2016/03-RDNSR to Cherokee Canada Inc. and 1510837 Alberta Ltd. for the clean-up of a site where a wood processing plant that produced treated wood products operated from 1924 to 1987, located at 4439-127 Avenue in Edmonton.

The Appellants requested a stay of the Enforcement Order. The Board granted an interim stay and received submissions from the parties. As of January 30, 2017, the Board is reviewing the stay submissions and will make a final decision on the stay application. As of May 19, 2017 the decision on the stay is outstanding.

AEP has requested the appeal be dismissed citing the Board has no jurisdiction in this case. The last submission on this motion was received March 22, 2017. As of May 19, 2017, the Board's decision on the motion is outstanding.

Mediation - A mediation was held on April 21, 2017 with respect to AEP's records, and is ongoing. Mediation meetings are not open to the public.

  Mohinder Gill and Five Pillar Holdings Ltd.
EAB 16-057, 061-063
May 11, 2017

A Notice of Appeal was received on February 7, 2017 from Mohinder Gill and Five Pillar Holdings Ltd. with respect to Alberta Environment and Parks' (AEP) January 12, 2017 decision to cancel Water Act Licence No. 20320 and to issue Water Management Order No. WMO-2017/01-SSR for a water well that supplied water to the Wheatland Hotel in the Town of Strathmore.

Mediation Meeting - A mediation meeting was held on May 10, 2017 in Strathmore, and is ongoing. Mediation meetings are not open to the public.

  Town of Sylvan Lake
EAB 16-058
April 19, 2017

A Notice of Appeal was received on March 6, 2017 from the town of Sylvan Lake with resepct to Alberta Environment and Parks' (AEP) February 6, 2017 decision to issue to the Town of Sylvan Lake, Water Act Licence No. 00375054-00-00 for the operation of a works and the diversion of up to 73,594.3 cubic metres of water annually from the aquifer ascessed by water well ID 160879 at Plan 8121585, Lot A SW-28-038-01-W5M for the purpose of the Town water supply located in Sylvan Lake.

Mediation Meeting - A mediation meeting is scheduled for June 7, 2017 in Red Deer. Mediation meetings are not open to the public.

  KGL Constructors
EAB 16-059-060, 17-001-004, 007-012, 015-016, 019-028
May 10, 2017

Twenty-four Notices of Appeal and requests for a stay were received between on March 15, 2017 and April 25, 2017 with resepct to Alberta Environment and Parks' (AEP) decisions of March 10 and 24, 2017 to issue to KGL Constructors Water Act Approvals 00390716-00-00 and 003986014-00-00. The Approvals are for disturbing wetlands at NE 26-023-02-W5M and SE 35-023-02-W5M, and the realignment and infilling of a portion of the Elbow River at NE 26-023-02-W5M and SE 35-023-02-W5M, in the City of Calgary for the construction of the southwest Calgary ring road.

Alberta Environment and Parks has requested the appeals be dismissed for not being directly affected and for not filing a Statement of Concern with AEP, which are pre-requisites for filing an appeal with the Board. The Board has requested the Appellants: answer the questions regarding their stay requests; state how the environmental impacts of the work under the Approvals directly and personally affect them; state if they filed a statement of concern with AEP in response to the advertised public notice for KGL's Approvals; and state whether the notice of the application for the project was adequate. As of May 10, 2017, the Board is reviewing the information.

  Mike and Cathy Hayes
EAB 17-017-018
May 18, 2017

A Notice of Appeal was received on April 20, 2017 with respect to the April 13, 2017 decision of the Director, Alberta Environment and Parks (AEP), to issue Water Act Enforcement Order No. WA-EO-2017/01-SSR to Mike and Cathy Hayes for allegedly conducting an activity which may have impacted a wetland, without authorization, on lands at Block B, Plan 5459JK, in Wheatland County.

Alberta Environment and Parks (AEP) advised they will provide the Board with their records in relation to the Order by June 2, 2017. A mediation meeting is being scheduled for June. On May 18, 2017 the Board granted a temporary stay until submissions were received from the parties and the Board will then make a decision is the stay will be lifted or remain in place until the appeal is addressed.

 
      For details regarding the appeals, please go to the  Board's Hearing Schedule