Decision Date: September 30, 2002

Panel: Don Cummings

Keywords:  Waste Management Act – ss. 26.5, 28.2, 28.3; Public Notice Regulation – ss. 2(1), 6(8); approval; plug test; acid rock drainage; reasonable apprehension of bias; Committee for Justice and Liberty v. National Energy Board, [1978] 1 S.C.R. 369

Copper Beach Estates Ltd. (“CBEL”) appealed the Director of Waste Management’s issuance of an approval to the Government of British Columbia (the “Province”). The approval allowed certain amounts of acid rock drainage (“ARD”) to be discharged from the Britannia Mine during the Province’s plug test program, conducted to gather remediation information for the site.

CBEL objected to the approval on a number of grounds including claims that the Director did not comply with the Public Notice Regulation, the approval was vague and based on misleading information, and the Director’s actions and decisions raised a reasonable apprehension of bias.

The Board found that the facts of this case did not support CBEL’s claims. The Board found that, despite minor technical defects in the application process, the Director ultimately acted in accordance with the Public Notice Regulation. Further, the Board found that the approval was neither vague nor based on misleading statements. The Board found that the Director had sufficient information about the plug test program to make an appropriate decision. Finally, the Board found that the allegation of bias was not established.

The Director made an application for costs against CBEL. The Board found there were no special circumstances in this case to justify an award of costs.

The appeal was dismissed.

The application for costs was denied.