Decision Date: September 16, 1996

Panel: David Brown

Keywords: Sewage Disposal Regulation – ss. 6, 7, Schedule 2, Schedule 3 – ss. 11, 12, 18; Land Title Act – s. 251; statutory covenant; exercise of discretion; role or responsibility of the EHO

This is an appeal by the Citizens for Myrtle Park and Martin Rossander (“Appellants”) of a decision of the Environmental Health Officer (“EHO”) issuing a sewage disposal permit to Marie Rumley. The Appellants challenged the permit on a number of grounds, including that the system authorized by the permit would adversely affect the environment, there was lack of outside consultation before issuing the permit and the permit did not comply with Health Act regulations.

The Board found no evidence that the permit did not comply with Health Act regulations. The Board found that the EHO properly exercised his discretion under s. 7 of the Regulation in issuing the permit. In exercising this discretion, the EHO need only be satisfied that the proposed sewage disposal system adequately protects public health. The EHO is not required to make political decisions based on public consultation. The Board found that the proposed system did not constitute a risk to public health. However, the Board varied the permit to include a restrictive statutory convenant in favour of the Ministry of Health requiring the permit holder to observe installation and maintenance conditions to ensure the safe operation of the system. The appeal was dismissed.