Decisions - BC Environmental Appeal Board

Worthington Mackenzie Inc.; Daniel Alexander White v. Director, Environmental Management Act

Province of British Columbia, Third Party

Decision Type:
Preliminary application for a hearing on the record

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema009a.pdf

Date Decision Issued:
2010-01-05

File Number:

Decision Number:
2009-EMA-009(a)

Act:

Environmental Management Act
Margaret Hurst v. Administrator, Integrated Pest Management Act

Decision Type:
Prelimiary decision on jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ipm001a.pdf

Date Decision Issued:
2009-12-03

File Number:

Decision Number:
2009-IPM-001(a)

Act:

Integrated Pesticide Management Act
Ermes Culos on behalf of himself and Maria R. Martin, Alan and Gloria Mertens, Dolly Low v. Director, Environmental Management Act

Wastech Services Ltd., Village of Cache Creek, Third Parties

Decision Type:
Stay decision

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009ema005a.pdf

Date Decision Issued:
2009-11-25

File Number:

Decision Number:
2009-EMA-005(a)

Act:

Environmental Management Act
Allan Pierce v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil026a.pdf

Date Decision Issued:
2009-10-06

File Number:

Decision Number:
2009-WIL-026(a)

Act:

Wildlife Act
Earl Tourangeau v. Assistant Regional Water Manager

Dan Moorhead, Third Party

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wat009a.pdf

Date Decision Issued:
2009-08-19

File Number:

Decision Number:
2009-WAT-009(a)

Act:

Water Act
Jack Martin v. Regional Manager

Decision Type:
FINAL DECISION

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil018a.pdf

Date Decision Issued:
2009-07-28

File Number:

Decision Number:
2009-WIL-018(a)

Act:

Wildlife Act
CNT Holdings Inc. v. Director, Environmental Management Act

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema006a.pdf

Date Decision Issued:
2009-07-14

File Number:

Decision Number:
2008-EMA-006(a)

Act:

Environmental Management Act
Richard F. Horning v. Deputy Director, Wildlife

Decision Type:
Final decision

DECISION IS VARIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil001a.pdf

Date Decision Issued:
2009-06-11

File Number:

Decision Number:
2009-WIL-001(a)

Act:

Wildlife Act
Jack Leggett v. Director, Wildlife Branch

Freshwater Fisheries Society of BC; Ministry of Environment, Fisheries Program, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil022c.pdf

Date Decision Issued:
2009-05-22

File Number:

Decision Number:
2009-WIL-022(c)

Act:

Wildlife Act
Delta Cedar Products v. District Director, Greater Vancouver Regional District

Decision Type:
Consent order

STAND WITH CHANGES

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema007a.pdf

Date Decision Issued:
2009-05-07

File Number:

Decision Number:
2008-EMA-007(a)

Act:

Environmental Management Act
Jack Leggett v. Director, Fish and Wildlife

Freshwater Fisheries Society of BC, Third Party

Decision Type:
Preliminary decision: stay application and appellant’s standing

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil022a_22b.pdf

Date Decision Issued:
2009-04-28

File Number:

Decision Number:
2009-WIL-022(b)

Act:

Wildlife Act
Jack Leggett v. Director, Fish and Wildlife

Freshwater Fisheries Society of BC, Third Party

Decision Type:
Preliminary decision: stay application and appellant’s standing

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil022a_22b.pdf

Date Decision Issued:
2009-04-28

File Number:

Decision Number:
2009-WIL-022(a)

Act:

Wildlife Act
City of Cranbrook v. Assistant Regional Waste Manager

Canadian Pacific Railway, Third Party Arlene Ridge on behalf of the Fort Steele Residents, Participant

Decision Type:
Final decision

DISMISSED WITH DIRECTIONS

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/1999was023c.pdf

Date Decision Issued:
2009-04-09

File Number:

Decision Number:
1999-WAS-023(c)

Act:

Waste Management Act
Pacific Northwest Raptors Ltd. v. Regional Manager

Decision Type:
Issue of jurisdiction

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2009wil002b.pdf

Date Decision Issued:
2009-04-03

File Number:

Decision Number:
2009-WIL-002(b)

Act:

Wildlife Act
Murray Wood v. Engineer under the Water Act

Sandhill Developments Ltd.; Corporation of the Township of Langley, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat003b.pdf

Date Decision Issued:
2009-03-19

File Number:

Decision Number:
2008-WAT-003(b)

Act:

Water Act
Pacific Northwest Raptors Ltd. v. Regional Manager

Decision Type:
Stay decision

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/06/2009-WIL-002a.pdf

Date Decision Issued:
2009-02-13

File Number:

Decision Number:
2009-WIL-002(a)

Act:

Wildlife Act
Murray Johnston v. Assistant Regional Water Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat006a.pdf

Date Decision Issued:
2009-02-12

File Number:

Decision Number:
2008-WAT-006(a)

Act:

Water Act
Vann Chrysanthous v. Engineer under the Water Act

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat001a.pdf

Date Decision Issued:
2009-02-10

File Number:

Decision Number:
2008-WAT-001(a)

Act:

Water Act
Arthur Ryckman v. Director of Wildlife

Decision Type:
Consent order

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil011a.pdf

Date Decision Issued:
2009-01-21

File Number:

Decision Number:
2008-WIL-011(a)

Act:

Wildlife Act
Darryl Secret v. Director, Environmental Management Act

New Future Building Group, Inc.; Kutenai Landing Inc.; Central Waterfront Enterprises Inc., Third Parties

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema008a.pdf

Date Decision Issued:
2008-12-01

File Number:

Decision Number:
2008-EMA-008(a)

Act:

Environmental Management Act
Ray Collingwood v. Regional Manager

Decision Type:
Consent order

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil008a.pdf

Date Decision Issued:
2008-11-07

File Number:

Decision Number:
2008-WIL-008(a)

Act:

Wildlife Act
Paddy Goggins and Patricia Aldworth v. Director, Environmental Management Act

Catalyst Paper Corporation and Catalyst Pulp Operations Ltd., doing business as Catalyst Paper, General Partnership, Third Party/Permit Holder

Decision Type:
Preliminary issue of standing

REJECTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema014a.pdf

Date Decision Issued:
2008-11-06

File Number:

Decision Number:
2008-EMA-014(a)

Act:

Environmental Management Act
Dickson et al. v. District Director, Greater Vancouver Regional District

Decision Type:
Consent order

APPLICATION FOR COSTS GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema008a_2008ema004a.pdf

Date Decision Issued:
2008-11-05

File Number:

Decision Number:
2007-EMA-008(a) 2008-EMA-004(a)

Act:

Environmental Management Act
John Keays v. Director, Environmental Management Act

Catalyst Paper Corporation and Catalyst Pulp Operations Ltd., doing business as Catalyst Paper, General Partnership, Third Party

Decision Type:
Preliminary issue of standing

REJECTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema015a.pdf

Date Decision Issued:
2008-10-27

File Number:

Decision Number:
2008-EMA-015(a)

Act:

Environmental Management Act
Ann Bayles and Glen Perkins v. Assistant Regional Water Manager

Eloise Tobacca, Third Party

Decision Type:
Application for adjournment

GRANTED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat005a.pdf

Date Decision Issued:
2008-10-10

File Number:

Decision Number:
2008-WAT-005(a)

Act:

Water Act
Murray Wood v. Engineer under the Water Act

Sandhill Developments Ltd.; Corporation of the Township of Langley, Third Parties

Decision Type:
Preliminary issue of standing

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat003a.pdf

Date Decision Issued:
2008-08-28

File Number:

Decision Number:
2008-WAT-003(a)

Act:

Water Act
Fishstriker Industries Ltd. v. Deputy Comptroller of Water Rights

BC Hydro and Power Authority, Third Party

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wat004a.pdf

Date Decision Issued:
2008-08-14

File Number:

Decision Number:
2008-WAT-004(a)

Act:

Water Act
John and Arlene Liket v. Assistant Regional Water Manager

Joan and David Niederauer; Peter Hope Lake Strata; Gerard Guichon Ranch Ltd.; Fish and Wildlife Section (Ministry of Environment); Lillian Mitchell; Robert and Marlene Taylor, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007wat004a.pdf

Date Decision Issued:
2008-07-22

File Number:

Decision Number:
2007-WAT-004(a)

Act:

Water Act
Jack Leggett v. Director, Fish and Wildlife

Tom Wilkinson, Licence Holder

Decision Type:
Preliminary issue of jurisdiction

DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil006a.pdf

Date Decision Issued:
2008-07-16

File Number:

Decision Number:
2008-WIL-006(a)

Act:

Wildlife Act
Ronald Janzen v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil005a.pdf

Date Decision Issued:
2008-07-04

File Number:

Decision Number:
2008-WIL-005(a)

Act:

Wildlife Act
Kelly Hassell v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil004a.pdf

Date Decision Issued:
2008-07-04

File Number:

Decision Number:
2008-WIL-004(a)

Act:

Wildlife Act
A. Stanley Daykin v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008wil003a.pdf

Date Decision Issued:
2008-06-10

File Number:

Decision Number:
2008-WIL-003(a)

Act:

Wildlife Act
Darwin Cary v. Regional Wildlife Manager

BC Wildlife Federation, Participant

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007wil002a.pdf

Date Decision Issued:
2008-05-28

File Number:

Decision Number:
2007-WIL-002(a)

Act:

Wildlife Act
Xats’ull First Nation v. Director, Environmental Management Act

Gibraltar Mines Ltd., Third Party

Decision Type:
Majority decision of panel members

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006ema006a.pdf

Date Decision Issued:
2008-05-09

File Number:

Decision Number:
2006-EMA-006(a)

Act:

Environmental Management Act
Fraser River Ranching Ltd. v. Assistant Regional Water Manager

Leslie L. Boomer, Third Party

Decision Type:
Consent order

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007wat002a.pdf

Date Decision Issued:
2008-03-20

File Number:

Decision Number:
2007-WAT-002(a)

Act:

Water Act
Howe Sound Pulp and Paper Limited v. Director, Environmental Management Act

Decision Type:
Stay decision

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2008ema001a.pdf

Date Decision Issued:
2008-03-07

File Number:

Decision Number:
2008-EMA-001(a)

Act:

Environmental Management Act
Brian Chanski v. Regional Manager

Decision Type:
Final appeal

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007wil009a.pdf

Date Decision Issued:
2008-03-07

File Number:

Decision Number:
2007-WIL-009(a)

Act:

Wildlife Act
Christopher and Brigit Chart v. Regional Water Manager

Barry & Marilyn Burgoon; Helen Elzinga, Third Parties McFayden Creek Water Users Community, Participant

Decision Type:
Application for recusal of the panel chair

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat024b_025b_026b.pdf

Date Decision Issued:
2008-02-29

File Number:

Decision Number:
2005-WAT-026(b)

Act:

Water Act
Barry and Marilyn Burgoon and Helen Elzinga v. Regional Water Manager

Christopher & Brigit Chart, Third Parties McFayden Creek Water Users Community, Participant

Decision Type:
Application for recusal of the panel chair

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat024b_025b_026b.pdf

Date Decision Issued:
2008-02-29

File Number:

Decision Number:
2005-WAT-024(b) 2005-WAT-025(b)

Act:

Water Act
Houweling Nurseries Limited v. District Director of the Greater Vancouver Regional District

Roger Emsley, Third Party Corporation of Delta, Participant

Decision Type:
Decision on the merits

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2003was004c.pdf

Date Decision Issued:
2008-01-23

File Number:

Decision Number:
2003-WAS-004(c)

Act:

Waste Management Act
Jeffrey Scouten v. Deputy Director of Wildlife

Decision Type:
Final decision

ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wil010a.pdf

Date Decision Issued:
2008-01-22

File Number:

Decision Number:
2005-WIL-010(a)

Act:

Wildlife Act
0707814 BC Ltd. v. Assistant Regional Water Manager

City of Abbotsford, Third Party Western Canada Wilderness Committee; Henk Saaltink, Participants

Decision Type:
Final Decision

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007wat001b.pdf

Date Decision Issued:
2008-01-10

File Number:

Decision Number:
2007-WAT-001(b) 2006-WAT-007(b)

Act:

Water Act
Michael Douglas Zamara and Deborah Livia Zamara v. Regional Water Manager

Lawrence Alta Simon and Bonnie Marlene Simon; Colin & Donna Morrison; Donald W. and Cecil R. Morrison; Mayhook Valley Ranch Ltd.; Regional Wildlife Manager, Third Parties

Decision Type:
Consent order

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2000wat018a_019a_020a.pdf

Date Decision Issued:
2007-12-04

File Number:

Decision Number:
2000-WAT-020(a)

Act:

Water Act
Donald Pharand v. Director, Environmental Management Act

Roxul (West) Inc., Third Party

Decision Type:
Application for hearing by written submission

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema014a.pdf

Date Decision Issued:
2007-12-04

File Number:

Decision Number:
2007-EMA-014(a)

Act:

Environmental Management Act
Alan DeFlame Barnard and Theresa Belinda Green v. Regional Water Manager

Lawrence Alta Simon and Bonnie Marlene Simon; Colin & Donna Morrison; Donald W. and Cecil R. Morrison; Mayhook Valley Ranch Ltd.; Regional Wildlife Manager, Third Parties

Decision Type:
Consent order

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2000wat018a_019a_020a.pdf

Date Decision Issued:
2007-12-04

File Number:

Decision Number:
2000-WAT-018(a)

Act:

Water Act
Lawrence Raymond MacKenzie and Gayle Sharon MacKenzie v. Regional Water Manager

Lawrence Alta Simon and Bonnie Marlene Simon; Colin & Donna Morrison; Donald W. and Cecil R. Morrison; Mayhook Valley Ranch Ltd.; Regional Wildlife Manager, Third Parties

Decision Type:
Consent order

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2000wat018a_019a_020a.pdf

Date Decision Issued:
2007-12-04

File Number:

Decision Number:
2000-WAT-019(a)

Act:

Water Act
Leonard G. Whyte v. Regional Manager

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007wil001a.pdf

Date Decision Issued:
2007-10-31

File Number:

Decision Number:
2007-WIL-001(a)

Act:

Wildlife Act
Gordon Planedin v. Deputy Controller of Water Rights

Powerhouse Developments Inc., Third Party

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat012a.pdf

Date Decision Issued:
2007-10-31

File Number:

Decision Number:
2006-WAT-012(a)

Act:

Water Act
Chief Wayne Christian, on behalf of the Splatsin First Nation v. Director, Environmental Management Act

Monty Lee Andrew Willis, Third Party

Decision Type:
Application for costs

DENIED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema004b.pdf

Date Decision Issued:
2007-10-17

File Number:

Decision Number:
2007-EMA-004(b)

Act:

Environmental Management Act
Rod Parkin v. Assistant Director, Fish and Wildlife Branch

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil017a.pdf

Date Decision Issued:
2007-10-11

File Number:

Decision Number:
2006-WIL-017(a)

Act:

Wildlife Act

Acts