Decision Date: December 7, 1994

Panel: Ms. J. Lee – Chair

A pollution abatement order was issued against Alpha Manufacturing Inc.. Alpha Manufacturing appealed the order to the Deputy Director of Waste Management, but before the appeal could be heard the company was charged with two violations of the Waste Management Act, related to the same incident. Concerned that information raised in, or conclusions arising from, the appeal could be used against it in court, Alpha Manufacturing applied to the Board to have the appeal proceedings stayed until the charges were dealt with in court. Alpha Manufacturing also appealed the Deputy Director’s decision to grant the Corporation of Delta full party intervenor status in its appeal.

While the quasi-criminal charges and the appeal proceedings may deal with similar issues of fact, different issues of law are considered. A court decision could not help solve the issue before the Deputy Director of how and what action should be taken to control, abate or stop the pollution. While the appeal proceedings might be prejudicial to the Appellant, this was speculative; and the balance of convenience was in favour of continuing the appeal.

The Board felt that the ordinary meaning of the standing provisions in the Waste Management Act did not allow the Deputy Director to grant full party status to Delta, and granted a stay on that decision.