Decision Date: January 8, 1999

Panel: Toby Vigod

Philip Fleischer and other Appellants filed separate appeals against the Assistant Regional Waste Manager’s decision to amend an Air Permit issued to Pacifica Papers Inc. (“Pacifica”). In particular, they took issue with the amendments which extended the time frame for imposition of “Level A” requirements for certain emissions from Pacifica’s Recovery Boiler in its Powell River paper mill. Most of the Appellants requested a stay of the amendments pending the outcome of the appeal on its merits.

In deciding whether to issue the stay, the Board used the test from RJR-MacDonald. The Board found that the appeal raised serious issues about extending the deadline for the upgrade to the Recovery Boiler. While the Board found that serious issues had been raised, it concluded that the Appellants had not introduced sufficient evidence to back their assertions that they would suffer irreparable harm if a stay was not granted. The Panel also found that the balance of convenience did not favour granting a stay. The risk of irreparable harm to Pacifica, its employees, and the local community if a stay was granted would exceed the risk of irreparable harm to the Appellants if the stay was not granted. The stay was denied.