Decision Date: April 24, 1997

Panel: Toby Vigod

Keywords: Waste Management Act – ss. 44, 46(2); Environment Management Act – ss. 11(12)(a), 11(13); person aggrieved; public interest.

The Deputy Director of Waste Management stayed part of a Pollution Prevention Order issued to Metalex which required Metalex to remove, by September 15, 1996, a slag pile at an abandoned mine site near Cawston, B.C., pending a risk assessment. Metalex has appealed this decision to the Board and Mr. Wilkin, on behalf of himself and Friends of the Similkameen Valley (‘FSV’), applies to the Board for an extension of time so that he and FSV may also appeal the decision.

The extension was refused. The Board noted that there was a substantial delay between the Deputy Director’s decision and the Applicant’s notice of appeal, no reason was given for this delay, and Metalex opposed the extension. The Board found that the environmental risk assessment will address the issue of environmental impact and should be completed. The Applicant will continue to have the right to appeal any decision based on the assessment and therefore will not be prejudiced if an extension is denied. The Board further held that Mr. Wilkin is not an ‘aggrieved person’ under the Waste Management Act, as he resides 75 kilometers from the mine site and has no rights or interests which may be prejudicially affected by the Deputy Director’s decision. However, acknowledging that other members of FSV may be affected, the Board invited any aggrieved member of the FSV to be a party in the Metalex appeal on behalf of the FSV. Application denied.