Keywords:Waste Management Act – s. 8, 11; aboriginal rights
This is an appeal by Oyster Bay Resort Ltd. (the Resort) from a decision of the Deputy Director of Waste Management denying a waste discharge permit to the Resort. The Resort appealed the decision on the grounds that the Deputy Director should not have required their waste disposal system be a part of a regional liquid waste management plan (a LWMP) being created. The Resort also claimed that the Deputy Director should not have imposed a duty to consult with the Campbell River Indian Band in regard to any aboriginal rights that might be affected by the proposed liquid waste disposal system. Finally, the Resort argued that the Deputy Director erred in failing to allow the permit as it complies with all environmental standards and legislation.
The Board found that the Deputy Director erred in requiring the Resort to develop a LWMP before a permit could be issued. The Board found that the Ministry of Environment bore the responsibility for consulting with any aboriginal groups whose rights could be affected by a waste discharge permit. Further, the Board found that the Campbell River Indian Band was not properly consulted during the original permitting and appeal processes, but that this was corrected by the efforts of the Environmental Appeal Board to involve the Band in the process. In any event, the Board found that the proposed system was technically sound and would protect the public health and the environment in accordance with the Act and no existing aboriginal rights would be infringed. The appeal was allowed.
