Decisions - BC Environmental Appeal Board

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
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
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
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
Christopher & Brigit Chart v. Regional Water Manager

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

Decision Type:
Charts Application

GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat024a_025a_026a.pdf

Date Decision Issued:
2007-09-17

File Number:

Decision Number:
2005-WAT-026(a)

Act:

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

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

Decision Type:
Charts Application

GRANTED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2005wat024a_025a_026a.pdf

Date Decision Issued:
2007-09-17

File Number:

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

Act:

Water Act
Double 00 Ranch Ltd. v. Assistant Regional Water Manager

Linda Olsen; Lenore M. Scheck and Patrick G. Scheck; Allan Fridlington and Ernest Fridlington; David R. Wootten and Gertrude M. Wootten, Third Parties Green Mountain Ranch Co. Ltd.; Quesnel Timber Management Ltd.; Beaver Pass Excavating Ltd.; CN Railway; Ministry of Transportation; Allan Thideman and Ruth Thideman; Ralph Zwicker; Ron Tibbles, Participants

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat010a.pdf

Date Decision Issued:
2007-09-10

File Number:

Decision Number:
2006-WAT-010(a)

Act:

Water Act
Brian Chanski v. Regional Manager

Decision Type:
Final decision

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wil019a.pdf

Date Decision Issued:
2007-08-29

File Number:

Decision Number:
2006-WIL-019(a)

Act:

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

Monty Lee Andrew Willis, Third Party

Decision Type:
Preliminary issue of jurisdiction

APPEALS WILL BE HEARD TOGETHER, STANDING OF BOTH APPELLANTS TO BRING THEIR APPEALS IS CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema004a_005a.pdf

Date Decision Issued:
2007-08-22

File Number:

Decision Number:
2007-EMA-004(a)

Act:

Environmental Management Act
Peter Kruyk and Carolyn A. Broad v. Director, Environmental Management Act

Monty Lee Andrew Willis, Third Party

Decision Type:
Preliminary issue of jurisdiction

APPEALS WILL BE HEARD TOGETHER, STANDING OF BOTH APPELLANTS TO BRING THEIR APPEALS IS CONFIRMED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ema004a_005a.pdf

Date Decision Issued:
2007-08-22

File Number:

Decision Number:
2007-EMA-005(a)

Act:

Environmental Management Act
Darvonda Nurseries Ltd. v. District Director of the Greater Vancouver Regional District

Decision Type:
Final decision

APPEAL ALLOWED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006ema007a.pdf

Date Decision Issued:
2007-07-27

File Number:

Decision Number:
2006-EMA-007(a)

Act:

Environmental Management Act
Daniel Sullivan c.o.b. Sullivan’s Fumigation Services and Sullivan’s Agricultural Services Inc. v. Senior Pesticide Management Officer

Decision Type:
Consent order

APPEAL ALLOWED IN PART

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2007ipm001a_002a.pdf

Date Decision Issued:
2007-07-12

File Number:

Decision Number:
2007-IPM-001(a) 2007-IPM-002(a)

Act:

Integrated Pesticide Management Act
Ed Ilnicki v. Director, Environmental Management Act

Peter John Singh Dhaliwal; Rajinder Singh Dhaliwal; Jang Singh Dhaliwal and Ajmer Kaur Dhaliwal, Third Parties

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006ema012a.pdf

Date Decision Issued:
2007-07-12

File Number:

Decision Number:
2006-EMA-012(a)

Act:

Environmental Management Act
Estate of Tom Bradbury v. Regional Water Manager

Teresa Elaine Erb, Third Party; Bud and Colleen Dovey; Vladi and Shirley Vagels; Douglas J. Grant, Participants

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat003a_004a_005b.pdf

Date Decision Issued:
2007-06-29

File Number:

Decision Number:
2006-WAT-004(a)

Act:

Water Act
Mary Desmond on behalf of Glen Ellen Bentley v. Regional Water Manager

Teresa Elaine Erb, Third Party; Bud and Colleen Dovey; Vladi and Shirley Vagels; Douglas J. Grant, Participants

Decision Type:
Final decision

APPEAL DISMISSED

File:
https://www.bceab.ca/app/uploads/sites/717/2020/04/2006wat003a_004a_005b.pdf

Date Decision Issued:
2007-06-29

File Number:

Decision Number:
2006-WAT-005(b)

Act:

Water Act

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