Keywords: Health Act – s.8(4); person aggrieved; standing.
Mr. Cook filed an appeal against the decision of the Environmental Health Officer (the “EHO”) to issue a sewage disposal permit for a residential property located on Bowen Island. Mr. Cook used to reside on the property, and he had numerous concerns regarding the property’s water supply and sewage disposal system. The EHO applied to the Board to dismiss the appeal on the grounds that Mr. Cook has no standing because he is not a “person aggrieved” by the issuance of a permit as required by the Health Act.
The Board found that a person is aggrieved by the issuance of a sewage disposal permit if there is a possibility that the person’s health could be negatively impacted, or if a health risk could be created on the person’s property. Since Mr. Cook does not currently reside on or near the property, and since he does not own the property or any other properties in the area, the Board found that Mr. Cook did not meet the test for a person aggrieved. Accordingly, the Board found that Mr. Cook had no standing, and the application to dismiss the appeal was granted.
