Environmental Review Tribunal turfs farmer's appeal

Friday, September 4, 2015

by SUSAN MANN

Just because a provincial environment ministry officer issues an order doesn’t mean the Ontario Environmental Review Tribunal automatically has jurisdiction to hear an appeal.

That’s what a Wellington County farmer found out the long way around in July.

Cox Farms Ltd. went to the Tribunal to appeal an order issued May 13 by a provincial officer from the Guelph district office of the Ministry of Environment and Climate Change. The order requires the farm to make sure any prospective buyer of the property is made aware of the presence of buried waste fiberglass, ministry spokesperson Kate Jordan says by email. The company must register the ministry’s order on the title to the property and “give any person with interest in the property a copy of the order prior to any dealings.”

The order also requires the company to give the ministry prior notice if the waste is disturbed, Jordan says.

After receiving written submissions from Cox Farms Ltd. and the ministry’s representative, the Tribunal dismissed the appeal.

The Ontario Environmental Review Tribunal lacks the jurisdiction to hear a Wellington County farm’s appeal of an order issued by a provincial environment ministry officer, vice-chair Heather I. Gibbs says in a written decision issued July 20.

In the decision, Gibbs notes provincial environmental legislation states the Tribunal can only hear appeals of provincial officers’ orders if they have been reviewed by the director or deemed to be confirmed by the director. “It is clear there is no director’s order in this case,” she writes.

Jordan says the director in the case refers to the director of operations for the ministry’s southwest region.

In 1995, the ministry became aware waste fiberglass was disposed of at the Cox Farms property, she says. The property was not and still isn’t approved to accept waste materials.

The ministry issued orders to Cox Farms and the fiberglass manufacturer to remove the material and dispose of it properly at an approved waste site, she says.

Jordan says she doesn’t have numbers on the amount of fiberglass dumped on the farm but “all waste fiberglass that was above grade has been removed.”

Jordan also didn’t have numbers on how often the ministry issues an order requiring someone to register information on the title to their property. “But it’s not an uncommon requirement when the ministry feels it is appropriate for information about ministry orders or approvals related to a property be registered on title.”

The registration on a property’s title enables interested buyers to know the ministry’s documents exist before they agree to buy a property, she explains. BF