Decision Date: July 20, 2001

Panel: Alan Andison

Keywords: Sewage Disposal Regulation –s. 3, 3.2, 3.3, 3.4, 6, Schedule 2, Schedule 3; Nisga’a Tribal Council v. B.C.; notice requirements; estimation of daily flow costs.

This was an appeal of the decision of the EHO to issue a sewage disposal system permit for a resort development on Cortes Island. The Appellants alleged that the EHO erred in issuing the permit because he underestimated the daily sewage flow from the development. The Appellants sought an order rescinding the permit. Some of the Appellants also sought different alternative remedies. One of the Appellants applied for an award of costs.

The Board found that the EHO did not err in his estimation of daily sewage flow if the development, and that the proposed sewage disposal system will protect public health. However, the Board rescinded the permit on the basis that the permit holder failed to comply with the notice requirements in the Regulation, resulting in a breach of natural justice.

The appeal was allowed in part.

The application for costs was denied.