The Environmental Review Tribunal has granted the Federation of Tiny Township Shoreline Associations (FOTTSA), represented by CELA lawyers, leave to appeal a Permit to Take Water issued by a Director of the Ministry of the Environment, Conservation and Parks (MECP) under the Ontario Water Resources Act. The Permit concerns aggregate washing for a gravel pit operation in Tiny Township, Simcoe County.
Download decision here: ERT21-010d1-APR-19-2021
In the 31-page decision released April 19, 2021, the Tribunal, in granting leave to appeal the Permit under the Environmental Bill of Rights (EBR), found it appeared that: (1) there is good reason to believe that no reasonable person, having regard to the MECP’s Statement of Environmental Values, created under the EBR, could have made the decision to approve the Permit; and (2) the Director’s decision to issue the Permit could result in significant harm to the environment. The matter will now be the subject of a hearing, likely later this year, before another panel of the Tribunal to determine if the Permit should be upheld, amended, or rescinded.