Decision Date: September 5, 1996

Panel: David Perry, Helmut Klughammer, Jack Lapin

Keywords: Floodplain; retroactive effect of Health Act appeal provision

Mr. Briggs appealed a decision of the Environmental Health Officer (“EHO”) amending a waste disposal permit to allow changes to the Permit Holder’s sewage disposal system. He maintained that the amendments could not be made because the permit itself was invalid as the original permit had since expired and its subsequent renewal by the Ministry of Health was not authorized under the Health Act. He also contended that the sewage disposal system authorized under the permit and the changes thereto under the amendment constituted a health hazard.

The Board did not assume jurisdiction for hearing appeals of sewage disposal permits issued under the Health Act until August 26, 1994. Accordingly the original permit of the Permit Holder issued in September 1991 is outside the jurisdiction of the Board. The Board also concluded that any legal or administrative decisions made before August 26, 1994 renewing the 1991 Permit are also outside the jurisdiction of the Board. The Board found that the alterations to the Permit Holder’s sewage disposal system did not pose a threat to public health. Conversely the amendment reduced the flow of effluent and thereby reduced any threat to public health. The appeal was dismissed.