Decision Date: December 3, 1999

Panel: Toby Vigod

Keywords: Waste Management Act – s. 48; interim stay; remediation order.

A stay application was before the Board in an appeal against a decision of the Director of Waste Management to issue a remediation order to Canadian Occidental Petroleum Ltd. (“COPL”) with respect to the former chlor-alkali plant site in Squamish, B.C. COPL applied for a stay of the requirement in the order that COPL post financial security in the amount of almost $3.5 million by December 6, 1999.

The parties made substantial submissions and, although the submissions were to be concluded by December 2, 1999, the parties continued to provide submissions up until noon on December 3, 1999. The Panel was therefore unable to issue its decision before the security was required on December 6, 1999. Accordingly, the Panel issued an interim stay of the security requirement until noon on December 8, 1999.