Keywords: Sewage Disposal Regulation – s.3; Health Act – s.8(2)(m); Land Title Act; restrictive covenant; misrepresentation; sewage disposal system permit.
Murray Chantler appealed a decision of the Environmental Health Officer to issue a permit for the construction of a conventional sewage disposal system to serve three two-bedroom mobile homes on a lot near Errington. Mr. Chantler was concerned that the permit application contained a misrepresentation with respect to the existence of a restrictive covenant. It was indicated on the permit application that there were no restrictive covenants on the lot, when in fact there was a building scheme registered on the title of the property that restricted the number of mobile homes on the property to one. Mr. Chantler sought an order rescinding the permit.
The Board found that the purpose of the Sewage Disposal Regulation is to ensure that the public health is protected, and that a permit is issued on the condition that all material facts disclosed in the application are true. The Board also found that the existence of a restrictive covenant on a property title is only relevant to the issuance of a sewage disposal permit if it somehow impacts upon the public health. The Board found that there was no evidence in this case to suggest that the approved sewage disposal system would not adequately protect the public health. The Board also noted that the building scheme had since been removed from the title to the property. The appeal was dismissed.
