CCOB Press Release

CCOB is pleased to announce that we have successfully moved to the next phase and a preliminary hearing has been scheduled. Attached you will find a press release, the pre-hearing notice package and the Environmental Review tribunal’s decision. Please feel free to share this with others.
CCOB

July 22, 2016

MEDIA RELEASE

Tribunal Grants Brant Citizens Leave to Appeal Certain Environmental Conditions for Paris Pit; Rejects Government Bid to Have Leave Decision Reconsidered

Concerned Citizens of Brant and the County of Brant have been granted leave to appeal certain conditions of both a water-taking permit and an environmental compliance approval issued to CRH Canada Group Inc. for the Paris Pit, and have also successfully resisted a government attempt to get the Environmental Review Tribunal to reconsider its decision granting leave.

A late March 2016 52-page decision of a panel of the Environmental Review Tribunal, granted CCOB and the County of Brant leave to appeal certain conditions in two licences granted CRH Canada that were issued by the Ontario Ministry of the Environment and Climate Change. The licences would have allowed the company to take water for its aggregate washing operations from an area close to the well-head protection area of the Paris drinking water supply, and establish sewage works for the management of water taken.

The Tribunal decision, in granting CCOB and the County leave to appeal certain of the conditions in both licences, held that it appeared there is good reason to believe no reasonable person, having regard to relevant law and to any government policies developed to guide decisions of this kind, could have issued these conditions and that it appeared this could result in significant harm to the environment.

However, in mid-April 2016, the Ministry brought a motion seeking to have the decision granting leave reconsidered. But a different panel of the Tribunal rejected this government bid in a 59-page decision released in June 2016 holding that it was not advisable to reconsider the decision of the Tribunal granting leave. The review panel noted that there was nothing unfair or materially in error in what the leave panel had decided in granting leave to CCOB and the County to appeal certain of the environmental conditions in the two licences. Furthermore, the review panel noted that applications for leave to appeal environmental licences are often brought by citizens groups with limited resources and that granting the Ministry’s motion would have added another stage in the litigation and detract from the access to justice and public participation goals of the province’s environmental bill of rights law.

The results of the two Tribunal decisions allow CCOB and the County to now present their full case and seek a decision on the merits of the environmental licence conditions before a panel of the Tribunal, probably in the Fall 2016.

For further information contact:

CCOB 519-442-2814, info@ccob.ca ; or

CELA 416-960-2284, ext. 7218 (Joseph F. Castrilli) or 7217 (Ramani Nadarajah) – lawyers for CCOB

Click on the links to download the PDF files…

CCOB Media Release

Preliminary hearing notice package

Environmental Review Tribunal decision

Appeal Notifications Request

Hello members!!
As part of the appeal the tribunal has asked for the names and addresses for all those who wish to be notified of these proceedings. If you would like to be notified please reply to this email with your name and full address and we will add you to our document. We take your privacy seriously and will only forward contact information for those who request it. Below is a copy of their letter.
Thanks for your continued support!
CCOB

Dear Counsel:
Re: Concerned Citizens of Brant v. Ontario (Environment and Climate Change)
Case Nos.: 16-048/049
This letter acknowledges receipt of the Concerned Citizens of Brant, and The Corporation of the County of Brant appeals, received on April 14, 2016.
In order to proceed with your appeal, the Tribunal requires the following information:

1. A list of the names and addresses of all owners of property within 120 metres of the boundary of the property which is the subject of the Director’s Decision. This information can be obtained from the Assessment Roll available from your local municipality. Attached is a certificate which is to be signed by the person who provides you with the list. You must provide signed certification with the list.
****The parties may wish to coordinate efforts towards obtaining this information, as only one list is necessary.

2. A list of the names and addresses of any other persons who should be notified of these proceedings because they may have a direct interest in the outcome.

3. Whether you require French language services.

4. Whether you have any special needs that must be accommodated.

The Tribunal requires that you file this information or any objections no later than May 9, 2016. Should this information or objections not be received by the deadline date, the Tribunal may decide not to process your appeal.
Please note that any information or documents you provide to the Tribunal in relation to this case become part of a public record which is open to inspection by any person, unless a document is marked “confidential” by order of the Tribunal. For more information, please consult Rules 210 and 211 of the Tribunal’s Rules of Practice.
The Tribunal will schedule a preliminary hearing if required pending the decision on the Director’s Motion Seeking Review of the Tribunal’s decision to grant leave to appeal. If a preliminary hearing is required the Tribunal will contact you to seek confirmation of available dates for all parties for the preliminary hearing, hearing and mediation, if applicable.

For more information, please review the appropriate legislation, “A Guide to Appeals under the Clean Water Act, 2006, the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, and the Safe Drinking Water Act, 2002”, and the Rules of Practice and Practice Directions of the Environmental Review Tribunal, all of which are available on the Tribunal’s website at www.elto.gov.on.ca.

Appeal Has Been Filed

The CCOB & the County of Brant have filed an appeal against the Permit To Take Water and the Environmental Compliance Approval. Now we wait for the Environmental Review Tribunal to contact us and setup a date. Our legal team is drafting a press release and we will update everyone once it is complete.

You should know that the Ministry Of Environment has filed a motion looking to limit the things we can discuss in this case. This is yet another example of our own government dodging it’s responsibility to protect our water. Regardless of how that turns out we are set to make huge advancements towards the protection of water.

Thank you for your continued support.

CCOB

Prepare for Action

CCOB supporters need to know that the ‘Leave to Appeal’ is still pending, we expect the decision later this month.

To prevent another Walkerton, Ontario or Flint, Michigan we should be the custodians and prevent any future issues with our water.

The CCOB, the Paris community and our County Council need to be united in the protection of this irreplaceable resource. It is crucial relevant information goes out to all our supporters and the townspeople.

You are invited to an informal event at St. Pauls’ United Church, Paris on Tuesday, March 22, 2016 at 7:00 pm. You will be given an update on several events in the planning stage.

Communities all over Ontario are bonding to empower each other, we are part of a growing and ground breaking movement to protect our natural resources. Only working as a community can we keep our water safe.

CCOB partners with Brant County Council

CCOB and Brant County Council have joined forces to continue the fight to protect our precious drinking water. Some of our accomplishments to prevent the pit from working to capacity include:

Modifications to the wash pond.

Source pond moved outside the well head protection areas.

Thorough testing of the water established; our water is presently at the highest standards.

Prevented the company from using our water for the last three years.

CCOB partnered with Brant County Council, sharing costs for experts to overturn the decision to grant the Permit to Take Water (PTTW) and the Environmental Compliance Approval (ECA).

Winning the right to Appeal the Provincial Government’s decision to grant the PTTW and ECA are major goals of CCOB and Brant County Council.

The entire town of Paris needs to be behind CCOB and Council to win this, and we can. We elected this council, we need to stand with them!

Start a conversation with your family, friends, neighbours and any Paris citizen you meet. CCOB will have an information meeting in the near future to give you all the facts.

Working together, supporting each other we can protect our water for future generations and stop this pit from destroying the historical Paris Plains. You decide your environmental future.