Decision Date: May 24, 2002

Panel: Alan Andison

Keywords:  Waste Management Act – ss. 27.1(10), 43, 44; jurisdiction; appealable decision; remediation order

The Canadian National Railway Company (“CNR”) appealed the decision of the Regional Waste Manager (the “Regional Manager”) refusing CNR’s request to amend or cancel a remediation order to remove CNR from the order. CNR and the Third Parties were named in the order as persons responsible for remediation of a contaminated site. The Regional Manager argued that the decision was not appealable, and that the Board did not have jurisdiction to hear the appeal. The Regional Manager applied to have CNR’s appeal dismissed for lack of jurisdiction.

The Board considered the relevant provisions of the Waste Management Act in accordance with commonly accepted principles of statutory interpretation.

The Board found that, based on the language in s. 43 of the Act, a failure or refusal to “exercise a power” is not an appealable decision under the Waste Management Act. The Board further found that, if parties to an order could appeal a refusal to amend the order, there would be uncertainty and increased delays in the remediation process.

The Board found that the Regional Manager’s decision was not an appealable decision, and that the Board, therefore, had no jurisdiction over the appeal. The Regional Manager’s application was granted. CNR’s appeal was dismissed.