Appeal of C. H. Demill Holdings Inc. - Permit to take water

This notice is given by the applicant in accordance with section 47 of the Environmental Bill of Rights, 1993. The notice was prepared by the appellant and represents its position. It does not represent or reflect the views of the Government of Ontario, nor does the Government of Ontario make any representations about the accuracy of the content of this notice.

Decision being appealed

Pursuant to section 38 of the Environmental Bill of Rights, 1993 (“EBR”), Citizens Against Melrose Quarry (“CAMQ”) hereby applies to the Ontario Land Tribunal (“Tribunal”) for an order granting leave to appeal the decision of Gregory Meek, Director under section 34.1 of the Ontario Water Resources Act (“Director”) in revising and imposing Condition 3.5 in Permit to Take Water (“PTTW”) No. 4242-C2PM2T, dated October 20, 2021, to C.H. Demill Holdings Inc. (“Demill”), 13 Melrose Road, Lot 6, Concession 3, Township of Tyendinaga, County of Hastings.

Grounds for appeal

The grounds for this application for leave to appeal are that pursuant to section 41 of the EBR, it appears that:

1. There is good reason to believe that the Director’s decision was unreasonable in 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 to revise and impose Condition 3.5 in the PTTW issued to Demill; and
2. The Director’s decision to revise and impose Condition 3.5 in the PTTW issued to Demill could result in significant harm to the environment.