Decision Date: September 23, 1998

Panel: Toby Vigod

Keywords: Water Act – s. 40; Environment Management Act – s. 11(14.1)

Cook’s Ferry Indian Band (“the Band”) appealed an Order of the Assistant Regional Water Manager amending Mr. Zahradnik’s Conditional Water Licence. The Order extended the deadline for Mr. Zahradnik to construct works and make beneficial use of the water. Prior to hearing the appeal, Mr. Zahradnik applied to the Board for a further one-year extension of the deadline for completing the proposed works, and an order requiring the Band to pay his costs associated with the appeal.

The Panel decided not to grant the extension because it found the request to be premature. As there was no stay in place, Mr. Zahradnik could continue to construct the works until the licence expired. Moreover, to extend the completion deadline prior to a full hearing of the appeal could prejudice the Band. The Panel noted that, if on appeal, the Board decides to uphold the order, the Board could grant an extension at that time.

The Panel also found that an order for costs would not be appropriate at this time. The Board’s Procedure Manual provides that costs may be requested at the conclusion of the appeal hearing, but not before that. A security deposit from the Appellant may be ordered prior to hearing an appeal, but do not cover a Third Party’s costs and are only ordered in special circumstances. These circumstances were not found to exist. Both applications were refused.