Decision Date: August 4, 1998

Panel: Judith Lee, Christine Mayall, Robert Cameron

Keywords: Waste Management Act – ss.13(3) and 16; Solid Waste and Recyclable Material Regulatory Bylaw No.181; definition of abandonment; estoppel; reopen, rehear; functus officio.

This was an application by 7437 Holdings Ltd. to “revive” its waste permit and its application to amend the permit after it had withdrawn its application and had formally abandoned the permit. 7437 argued that its abandonment was based on misleading comments made by the Ministry, and that the Ministry should be estopped from claiming the abandonment was effective. It also argued that its abandonment was conditional. The Regional Manager submitted that the abandonment was an irrevocable action effected under s. 16(1) and (4) of the Waste Management Act, involving the total desertion and absolute relinquishment of the permit. He stated that the only way that the permit could be revived would be through a fresh application under Act. 7437 replied that the Board had approved the initial permit and that a s. 16 abandonment does not apply to such permits.

The Board rejected the contention that 7437 was misled into abandoning its permit, finding that the Ministry’s comments did not support the interpretation 7437 placed on them, and that any reliance on those comments was unreasonable. The estoppel argument was accordingly rejected. The Board also found that abandonment of a permit is analogous to the abandonment of personal property, and that 7437 had abandoned the rights it had acquired under the permit. It concluded that 7437’s abandonment was total and absolute, not conditional. Finally, the Board found that s.16 of the Act applies to all permits that have been issued, including ones issued or approved by the Board. The application to revive the permit and the application to amend was refused.