Decision Date: November 5, 2001

Panel: Alan Andison

Keywords: Waste Management Act – ss. 43, 44; administrative measure; jurisdiction; preliminary matter; non-compliance report; warning letter

The Appellant appealed the Respondent’s refusal to withdraw an official warning letter issued to it. The Board considered whether the issuance of the warning letter or the refusal to withdraw it constituted a decision that could be appealed to the Board.

The Board found that the warning letter was an administrative measure that is part of the enforcement strategy of the conservation officer service. Because the warning letter was not issued in accordance with any statutory authority under the Waste Management Act (the “Act”), it did not constitute a “decision” that may be appealed to the Board

The Board also found that since the issuance of a warning letter is not an appealable “decision,” neither is the refusal to withdraw a warning letter. As section 44 limits the Board’s jurisdiction to hearing appeals with respect to “decisions” as defined in section 43 of the Act, the Board found that it had no jurisdiction to hear the matter.