Decision Date: January 31, 2002

Panel: Alan Andison

Keywords: Waste Management Act – ss. 27.1, 43, 44; jurisdiction; preliminary issue; remediation order

Atlantic Industries Ltd. (“Atlantic”) appealed a letter in which the Regional Waste Manager found that Atlantic remained in “deliberate non-compliance” with a remediation order, and that he intended to amend the order by naming one of Atlantic’s directors as a person responsible for remediation if Atlantic did not bring itself into compliance with the order by a specified date. The Board offered the parties an opportunity to provide submissions on whether the letter constituted a decision that could be appealed under section 43 of the Waste Management Act (the “Act”).

The Board found that the letter did not constitute a determination under section 27.1 of the Act, since, in essence, the letter constituted a refusal to grant the Canadian National Railway Company’s request for an order under that section.

The Board found that the Regional Waste Manager’s finding that Atlantic was in non-compliance with the remediation order did not constitute the “making of an order” under section 43(a) of the Act. Next, the Board found that the Regional Waste Manager’s findings in the letter did not constitute “an imposition of a requirement” under section 43(b). The Board also found that the letter was not “an exercise of power” under section 43(c). Lastly, the Board noted that sections 43(d) and (e) of the Act did not apply. Therefore, the Board found that it had no jurisdiction under section 44 of the Act to hear the appeal. Accordingly, the appeal was dismissed.