Keywords: Waste Management Act – s. 29; stay; balance of convenience; irreparable harm
The Appellants applied for a stay of the decision of the Deputy Director of Waste Management, pending their appeal of his decision upholding the issuance of a Waste Permit to the Corporation of the Village of Kaslo. The Appellants maintained that unless a stay was granted the environment would be adversely affected by the construction of the sewage treatment plant authorized under the Permit. The Appellants also argued that a stay was required to prevent the expenditure of public funds on the system and because there had not been adequate consultation with the public in the process leading up to the obtaining of the Permit. The Appellants further contended that if the stay request was refused, they would have nothing to appeal.
On the evidence presented, the Board found that no harm would be caused to the environment if construction of the treatment plant was allowed to proceed. The Board held that the subject matter of the appeal would not be defeated by refusing the stay because the permit could still be amended or cancelled on the appeal. The Board refused to grant a stay pending the hearing of the appeal.
