Revised: April 28, 2017
Date, Time, Location File Name and Number Type of Function
  November 15, 2016

Smoky Lake
William and Audrey Trenchuk
EAB 16-010-023

Nine individuals filed Notices of Appeal July 21-25, 2016, with respect to the July 11, 2016 decisions of Alberta Environment and Parks to issue to William and Audrey Trenchuk: Water Act Approval No. 00378428-00-00 that authorizes maintaining, removing or disturbing ground, vegetation or other material in or on any land, water or water body for the construction of a dugout in SW-22-059-16-W4M for stock watering purposes; and Water Act Licence No. 00360885-00-00 authorizing the operation of a works and the diversion of up to 18,100 cubic metres of water annually from the source of water known as Dugout #1 in SE-21-059-16-W4M for stock watering purposes and miscellaneous farm use; and up to 10,860 cubic metres of water annually from the source of water known as Dugout #2 in SW-22-059-16-W4M for stock watering purposes, for the Trenchuk Feedlot, in Smoky Lake.

A mediation meeting is scheduled for November 15, 2016. Mediation meetings are not open to the public.

Mediation Meeting

A. Kennedy

 
  November 22, 2016

CANCELLED
Landrex Hunter Ridge Inc.
EAB 16-026

A Notice of Appeal was received on August 10, 2016, in relation to the July 18, 2016 decision of Alberta Environment and Parks to issue to Landrex Hunter Ridge Inc. Water Act Approval No. 00355603-00-00 for the construction, operation and maintenance of a storm water management system at SW 21-054-025-W4M, in Sturgeon County.

The mediation meeting scheduled for November 22, 2016 was cancelled at the request of the Appellant and Landrex. Mediation meetings are not open to the public.

Mediation Meeting

D. Evans

 
  November 30, 2016

Written Hearing
Palmer Ranch (1984) Ltd.
EAB 14-009

A Notice of Appeal was received on May 27, 2014 from Palmer Ranch (1984) Ltd., in relation to the March 31, 2014 decision of the Director, Alberta Environment and Parks (AEP), to issue Water Act Preliminary Certificate No. 00348439-00-00 to Palmer Ranch (1984) Ltd. The Preliminary Certificate states that upon compliance with conditions in the Preliminary Certificate, Palmer Ranch (1984) Ltd. will receive a licence to divert 730 cubic metres of water annually for commercial purposes (water bottling) from a well in NE 29-003-28-W4M that is hydraulically connected to the Waterton River with priority number 2000-04-04-001.

The Board agreed to set aside its May 20, 2015 Decision and hear the merits of the appeal in exchange for the Appellant withdrawing their judicial review. As of October 22, 2016, the judicial review has not been withdrawn. A written hearing has been scheduled and the last submission was received on November 30, 2016. On December 19, 2016, the Panel hearing this matter advised it will have questions for the parties and is addressing the parties' motions. As of April 28, 2017 the hearing remains open.

The information requested is necessary to allow the Board to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of this appeal. The information you provide will be considered a public record.

The Minister will make the final decision on the appeal. The Board must provide the Minister of Environment and Parks with its Report and Recommendations within 30 days of the hearing closing pursuant to the Environmental Protection and Enhancement Act. The due date to provide the Minister with the Report and Recommendations will be determined after the hearing is closed.

Written Hearing

A. MacWilliam
E. McAvity
A. Mullick
 
  December 6, 2016

Edmonton
M. Pidherney's Trucking Ltd. and 1598768 Alberta Ltd.
EAB 15-001-002

A Notice of Appeal was received on May 8, 2015 with respect to the April 8, 2015 decision of Alberta Environment and Parks to issue to M. Pidherney's Trucking Ltd. and 1598768 Alberta Ltd. EPEA Administrative Penalty No. 15/03-AP-RDNSR-15/03 in the amount of $224,542.00 for operating a pit exceeding 5 hectares without authorization, and failing to report any contravention of the Code of Practice for pits, for a site at SW-5-40-9-W5M in Clearwater County.

A mediation meeting was held on September 2, 2015 and a further mediation is scheduled for December 6, 2016. Mediation meetings are not open to the public.

Mediation Meeting

E. McAvity

 
  February 15, 2017

8:30 am

Best Western Village Park Inn,
1804 Crowchild Trail NW,
Calgary
Gordon Atkins and Creekworks Ltd.
EAB 16-027

A Notice of Appeal was received from Gordon Atkins on September 23, 2016 in relation to the August 31, 2016 decision of Alberta Environment and Parks (AEP) to issue Water Act Administrative Penalty No. WA-16/02-AP-SSR-16/04 in the amount of $5,000 to Gordon Atkins and Creekworks Ltd. for allegedly conducting unauthorized activities without an Approval being the infilling and re-sloping of Lees Creek at NW-4-3-25-W4M in Cardston.

A hearing is scheduled for February 15, 2017. The issues for the hearing are:
1. Was the Administrative Penalty properly issued? In determining whether the Administrative Penalty was properly issued, the Board will among other matters be considering: (a) Whether the Appellant was duly diligent, meaning he took all the reasonable steps to comply with the legal requirements in undertaking the activities in Lees Creek; (b) Whether any government officials officially induced an error on the part of the Appellant, meaning whether the Appellant was mislead or not provided enough information about what the legal requirements were to undertake the activities on Lees Creek; and (c) Whether the process the Director followed in issuing the Administrative Penalty was fair, meaning it complied with the principles of natural justice and procedural fairness? 2. Are the Adjustment Factors for the Administrative Penalty properly applied?

Any person, other than the parties, who wished to make a representation before the Board on this appeal was to submit a request to the Board by January 20, 2017. The Board did not receive any applications to intervene. The hearing is open to the public for viewing only.

Contact the Board for information regarding this appeal at 780-427-6207 or at gilbert.vannes@gov.ab.ca.

The information requested is necessary to allow the Board to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of this appeal. The information you provide will be considered a public record.

The Board will make the final decision on this appeal following the hearing. The Board must issue its Decision within 30 days of the hearing closing pursuant to the Environmental Protection and Enhancement Act.

Hearing

A. MacWilliam
M. Barker
J. Barlishen
 
  February 17, 2017

Written Hearing
M. Pidherney's Trucking Ltd. and 1598768 Alberta Ltd.
EAB 15-001-002

A Notice of Appeal was received on May 8, 2015 with respect to the April 8, 2015 decision of Alberta Environment and Parks to issue to M. Pidherney's Trucking Ltd. and 1598768 Alberta Ltd. EPEA Administrative Penalty No. 15/03-AP-RDNSR-15/03 in the amount of $224,542.00 for allegedly operating a pit exceeding 5 hectares without authorization, and failing to report any contravention of the Code of Practice for pits, for a site at SW-5-40-9-W5M in Clearwater County. A written hearing is being held on 2 issues only and the final submission is due February 17, 2017. The issues to be heard are: 1. Is the Director obligated to consider what may be an appropriate administrative penalty for a corporation who has been found to have operated a sand and gravel facility without a registration with respect to section 237(2) of the Environmental Protection and Enhancement Act on both subsections (a) and (b)? 2. If the principles of parity and proportionality do apply, what direction would the Board provide as to how a Director ought to consider these principles in the administrative penalty assessment process? Once the Board has made a decision on these issues, it will provide direction on how the remaining issues in this appeal will be dealt with.

Any person, other than the parties, who wishd to make a representation before the Board on this appeal was to submit a request to the Board by January 6, 2017. The Board did not receive any applications to intervene.

Copies of material filed with the Board respecting this appeal are available for viewing at the Rocky Mountain House Public Library, 4922-52 Street, Rocky Mountain House, Alberta, during its normal operating hours, or by appointment at the office of the Environmental Appeals Board in Edmonton.

The information requested is necessary to allow the Environmental Appeals Board to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of this appeal. The information you provide will be considered a public record.

The Board will make the final decision on this appeal. The Board must issue its Decision within 30 days of the hearing closing pursuant to the Environmental Protection and Enhancement Act.

Hearing

A. MacWilliam, AJ Fox,
C. Powter

 
  March 24, 2017

CANCELLED

Environmental Appeals Board office

306, 10011-109 Street

Edmonton
Terry and Catherine Gilbertson
EAB 16-004

A Notice of Appeal was was received on June 10, 2016 with respect to the May 2, 2016 decision of Alberta Environment and Parks (AEP) to issue to Terry and Catherine Gilbertson Water Act Licence No. 00369196-00-00 for the operation of a works and the diversion of up to 3400 cubic metres of water annually from SW-35-038-09-W4M for agricultural purposes (stock watering), near Brownfield.

The hearing scheduled for March 24, 2017 has been cancelled as a result of the Appellant withdrawing his appeal.

Any person, other than the parties, who wishes to make a representation before the Board on this appeal must submit a request in writing by fax (780-427-4693) or by e-mail (gilbert.vannes@gov.ab.ca) to the Board. The request must be received by the Board on or before March 10, 2017. It is the applicant's responsibility to ensure their request is received by the Board by March 10, 2017. The request shall (a) contain the name, address, e-mail, and telephone and fax numbers of the person submitting the request, (b) indicate whether the person submitting the request intends to be represented by a lawyer or agent and, if so, the name of the lawyer or agent, (c) contain a summary of the nature of the person's interest in this appeal, and (d) be signed by the person submitting the request. Applications will only be considered if the information will assist the Board in making its decision, and will not duplicate the information provided by the parties. After March 10, 2017, the Board will, in its discretion, determine if other persons may make representations, and the manner in which they can be made. Once the Board makes a decision on any intervenor applications, the hearing will be open to the public for viewing only.

Effective February 28, 2017, copies of material filed with the Board respecting this appeal will be available for viewing at the Brownfield Community Library, Brownfield, Alberta, during its normal operating hours, or by appointment at the office of the Environmental Appeals Board in Edmonton.

The information requested is necessary to allow the Board to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of this appeal. The information you provide will be considered a public record.

The Minister of Environment and Parks will make the final decision on this appeal. The Board must provide the Minister with its Report and Recommendations within 30 days of the hearing closing pursuant to section 99(1) of the Environmental Protection and Enhancement Act.

Hearing

E. McAvity, J. Barlishen, B. Ballachey

 
  April 18, 2017

Edmonton
Ole and Diane Ellefson
EAB 16-037

A Notice of Appeal was received on November 16, 2016 in relation to the October 28, 2016 decision of Alberta Environment and Parks to issue Water Act Approval No. 00381707-00-00 to Ole and Diane Ellefson allowing for the removal of vegetation on Baptiste Lake at Lot 9, Block 2, Plan 5979KS.

A mediation meeting is scheduled for April 18, 2017. Mediation meetings are not open to the public.

Mediation Meeting

A. Kennedy

 
  April 21, 2017

Edmonton
Cherokee Canada Inc., 1510837 Alberta Ltd., and Domtar
EAB 16-028-039, 034-035, 052-054, and 055-056

Notices of Appeal were received from Cherokee Canada Inc. and 1510837 Alberta Ltd. on October 3, 2016 regarding the October 3, 2016 decisions of Alberta Environment and Parks (AEP), to suspend an application and refuse to issue an Amending Approval without providing reasons in relation to EPEA Approval No. 9724-04-00, and to suspend an application and refuse to issue a Remediation Certificate without providing reasons to Cherokee Canada Inc. and 1510837 Alberta Ltd., with respect to a portion of the Domtar wood processing site located in Edmonton.

Notices of Appeal were received from Domtar Inc., Cherokee Canada Inc. and 1510837 Alberta Ltd. on December 22 and 23, 2016 in relation to the December 20, 2016 decision of Alberta Environment and Parks (AEP) to issue Environmental Protection Order No. EPO-2016/05-RDNSR to Domtar Inc., Cherokee Canada Inc. and 1510837 Alberta Ltd. for the clean-up of a site where a wood processing plant that produced treated wood products operated from 1924 to 1987, located at 4439-127 Avenue in Edmonton.

Notices of Appeal were received from Cherokee Canada Inc. and 1510837 Alberta Ltd. on December 23, 2016 in relation to the December 16, 2016 decision of Alberta Environment and Parks (AEP) to issue Enforcement Order No. EPEA-EO-2016/03-RDNSR to Cherokee Canada Inc. and 1510837 Alberta Ltd. for the clean-up of a site where a wood processing plant that produced treated wood products operated from 1924 to 1987, located at 4439-127 Avenue in Edmonton.

A mediation meeting is scheduled for April 21, 2017. Mediation meetings are not open to the public.

Mediation Meeting

E. McAvity

 
  April 25, 2017

CANCELLED
Capital Power GP Holdings Inc.
EAB 16-038-041

Notices of Appeal were received on November 29, 2016 in relation to the November 9, 2016 decision of Alberta Environment and Parks (AEP) to issue Water Act Licence No. 00151663-01-00 to Capital Power GP Holdings Inc. for the operation of a works and diversion of up to 709,000 cubic meters of water annually for industrial cooling as follows: 523,000 cubic meters from Genesee Creek, 39,000 cubic meters from a surface water runoff tributary to the North Saskatchewan River (via Creek 5), 108,000 cubic meters from a surface water runoff tributary to the North Saskatchewan River (via Creek 4), and 39,000 cubic meters from a surface water runoff tributary to the North Saskatchewan River (via East Creek) at Sections 22-27, 34 and 35 located in 50-03-W5M.

The mediation meeting scheduled for April 25, 2017 has been cancelled. Mediation meetings are not open to the public.

Mediation Meeting

AJ Fox

 
  April 26, 2017

9:00 am

Environmental Appeals Board office

306, 10011-109 Street

Edmonton
Jack and Donna Minsky
EAB 16-004

A Notice of Appeal was received on May 27, 2016 with respect to the May 19, 2016 decision of Alberta Environment and Parks (AEP) to issue to Jack and Donna Minsky Water Act Approval No. 00251587-00-00 for the construction, operation and maintenance of a surface water drainage system consisting of constructing drainage ditches and ditch blocks, installing culverts and modifying Pond 1 and Pond 2, located at W 1/2-07-55-24-W4M in Sturgeon County.

A hearing is scheduled for April 26, 2017. The issues to be heard are: Does the Approval adequately address the impact of water flows on adjacent properties? This issue includes ensuring there are no negative impacts to neighbouring properties, and ensuring adequate water flows to any wetlands in the area.

Any person, other than the parties, who wishes to make a representation before the Board on this appeal must submit a request in writing by fax (780-427-4693) or by e-mail (gilbert.vannes@gov.ab.ca) to the Board. The request must be received by the Board on or before March 7, 2017. It is the applicant's responsibility to ensure their request is received by the Board by March 7, 2017. The request shall (a) contain the name, address, e-mail, and telephone and fax numbers of the person submitting the request, (b) indicate whether the person submitting the request intends to be represented by a lawyer or agent and, if so, the name of the lawyer or agent, (c) contain a summary of the nature of the person's interest in this appeal, and (d) be signed by the person submitting the request. Applications will only be considered if the information will assist the Board in making its decision, and will not duplicate the information provided by the parties. After March 7, 2017, the Board will, in its discretion, determine if other persons may make representations, and the manner in which they can be made. Once the Board makes a decision on any intervenor applications, the hearing will be open to the public for viewing only.

Effective February 17, 2017, copies of material filed with the Board respecting this appeal will be available for viewing at the Morinville Public Library, 10125 - 100 Avenue, Morinville, Alberta, during its normal operating hours, or by appointment at the office of the Environmental Appeals Board in Edmonton.

The information requested is necessary to allow the Board to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of this appeal. The information you provide will be considered a public record.

The Minister of Environment and Parks will make the final decision on this appeal. The Board must provide the Minister with its Report and Recommendations within 30 days of the hearing closing pursuant to section 99(1) of the Environmental Protection and Enhancement Act.

Hearing

AJ Fox
J. Barlishen
S. McRory
 
  May 10, 2017

Strathmore
Mohinder Gill and Five Pillar Holdings Ltd.
EAB 16-057, 061-063

A Notice of Appeal was received on February 7, 2017 from Mohinder Gill and Five Pillar Holdings Ltd. with respect to Alberta Environment and Parks' (AEP) January 12, 2017 decision to cancel Water Act Licence No. 20320 and to issue Water Management Order No. WMO-2017/01-SSR for a water well that supplied water to the Wheatland Hotel in the Town of Strathmore.

A mediation meeting is scheduled for May 10, 2017. Mediation meetings are not open to the public.

Mediation Meeting

D. Evans

 
  June 7, 2017

Red Deer
Town of Sylvan Lake
EAB 16-058

A Notice of Appeal was received on March 6, 2017 from the town of Sylvan Lake with resepct to Alberta Environment and Parks' (AEP) February 6, 2017 decision to issue to the Town of Sylvan Lake, Water Act Licence No. 00375054-00-00 for the operation of a works and the diversion of up to 73,594.3 cubic metres of water annually from the aquifer ascessed by water well ID 160879 at Plan 8121585, Lot A SW-28-038-01-W5M for the purpose of the Town water supply located in Sylvan Lake.

A mediation meeting is scheduled for June 7, 2017. Mediation meetings are not open to the public.

Mediation Meeting

AJ Fox

 
  June 16, 2017

9:00 am

Environmental Appeals Board office

306, 10011-109 Street

Edmonton
William and Audrey Trenchuk
EAB 16-010-023

Nine individuals filed Notices of Appeal July 21-25, 2016, with respect to the July 11, 2016 decisions of Alberta Environment and Parks (AEP) to issue to William and Audrey Trenchuk: Water Act Approval No. 00378428-00-00 that authorizes maintaining, removing or disturbing ground, vegetation or other material in or on any land, water or water body for the construction of a dugout in SW-22-059-16-W4M for stock watering purposes; and Water Act Licence No. 00360885-00-00 authorizing the operation of a works and the diversion of up to 18,100 cubic metres of water annually from the source of water known as Dugout #1 in SE-21-059-16-W4M for stock watering purposes and miscellaneous farm use; and up to 10,860 cubic metres of water annually from the source of water known as Dugout #2 in SW-22-059-16-W4M for stock watering purposes, for the Trenchuk Feedlot, in Smoky Lake.

A hearing is scheduled for June 16, 2017. The issues for the hearing are: 1. Were the Approval and Licence properly issued ensuring no impact to the water supplies of the Appellants? This issue includes consideration of (a) the total amount of water used by the Licence Holder's operation, (b) the amount of water available in the basin for the Trenchuks' operation and other water users, and (c) whether the applications were complete (ie. whether sufficient technical information was provided). 2. Are the terms and conditions of the Licence and Approval sufficient to protect local water supplies and the local environment?

Any person, other than the parties, who wishes to make a representation before the Board on this appeal must submit a request in writing by fax (780-427-4693) or by e-mail (gilbert.vannes@gov.ab.ca) to the Board. The request must be received by the Board on or before May 24, 2017. It is the applicant's responsibility to ensure their request is received by the Board by May 24, 2017. The request shall (a) contain the name, address, e-mail, and telephone and fax numbers of the person submitting the request, (b) indicate whether the person submitting the request intends to be represented by a lawyer or agent and, if so, the name of the lawyer or agent, (c) contain a summary of the nature of the person's interest in this appeal, and (d) be signed by the person submitting the request. Applications will only be considered if the information will assist the Board in making its decision, and will not duplicate the information provided by the parties. After May 24, 2017, the Board will, in its discretion, determine if other persons may make representations, and the manner in which they can be made. Once the Board makes a decision on any intervenor applications, the hearing will be open to the public for viewing only.

Effective May 5, 2017, copies of material filed with the Board respecting this appeal will be available for viewing at the Smoky Lake Public Library, 5010-50 Street, Smoky Lake, Alberta, during its normal operating hours, or by appointment at the office of the Environmental Appeals Board in Edmonton.

The information requested is necessary to allow the Board to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of this appeal. The information you provide will be considered a public record.

The Minister of Environment and Parks will make the final decision on this appeal. The Board must provide the Minister with its Report and Recommendations within 30 days of the hearing closing pursuant to section 99(1) of the Environmental Protection and Enhancement Act.

Hearing

E. McAvity
N. Tywoniuk
B. Ballachey
 
  June 28, 2017

Edmonton
Town of Wainwright
EAB 16-009

A Notice of Appeal was received on July 18, 2016 regarding the July 6, 2016 decision of Alberta Environment and Parks (AEP), to issue Water Act Approval No. 00367709-00-00 on July 6/16 to the Town of Wainwright to infill and disturb wetlands near SE-05-45-06-W4M in Wainwright.

A mediation meeting is scheduled for June 28, 2017. Mediation meetings are not open to the public.

Mediation Meeting

D. Evans

 
 











 
       For details regarding the appeal please go to  Status of Active Appeals.