FNX Mining Company Inc. - Environmental Compliance Approval (air)

Appeal process for decisions published before June 1, 2021

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

1. prepare your application
2. provide notice to the minister
3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

1. A document that includes:
   • your name, phone number, fax number (if any), and/or email address
   • the ERO number and ministry reference number (located on this page)
   • a statement about whether you are a resident in Ontario
   • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
   • the parts of the instrument that you’re challenging
   • whether the decision could result in significant harm to the environment
   • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
   • the grounds (facts) you’ll be using to appeal
   • the outcome you’d like to see
2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal

What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

• decision that you wish to appeal
• grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5^th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

• appellate body
• issuing authority (the ministry official who issued the instrument)
• proponent (the company or individual to whom the instrument was issued)

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