Appeal of 117 Disco Road Inc. - Environmental Compliance Approval (waste)

ERO number
019-7212
Notice stage
Appeal
Appeal posted
Last updated

Appeal summary

The instrument holder appealed this decision.

Appeal details

Notice under section 47 of the Environmental Bill of Rights – Appeal under another Act.

This notice is given by the appellant 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.

117 Disco Road Inc. appealed the decision to revoke Environmental Compliance Approval 1667-CPWU3 in 2023.

Additional details may be found on the Ontario Land Tribunal’s Case Status page under case number 23-000830.

Supporting materials

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Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

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Contact

More information, including hearing dates and locations can be provided by the appellate body.  Additional information about the instrument appeal process, can be provided by the Ministry of the Environment, Conservation and Parks.

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal

Ministry of the Environment, Conservation and Parks
Environmental Bill of Rights Office
40 St. Clair Ave. West
12th Floor
Toronto, ON
M4V 1M2

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Original decision

117 Disco Road Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-7212
Ministry reference number
3438-CSHMCU
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal
Decision posted
Comment period
June 15, 2023 - July 30, 2023 (45 days) Closed
Last updated

This consultation was open from:
June 15, 2023
to July 30, 2023

Decision summary

Environmental Compliance Approval No.1667-CPWU3Z, issued to 117 Disco Road Inc. for a non-hazardous solid waste transfer facility in Toronto, has been revoked on the basis of a history of significant non-compliance with environmental legislation, ministry orders and regulatory instruments on the part of officers and directors of the company.

Location details

Site address

117 Disco Road
Toronto, ON
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

117 Disco Road Inc.
117 Disco Road
Toronto, ON
M9W 1M3
Canada

Decision details

Environmental Compliance Approval (ECA) No. 1667-CPWU3Z, issued to 117 Disco Road Inc. on April 12, 2023 for the solid non-hazardous waste transfer facility located at 117 Disco Road, Toronto, was revoked on August 11, 2023.

On April 25, 2023 a leave to appeal application was commenced in respect of the decision to approve ECA No. 1667-CPWU3Z (ERO 019-5393).In the leave to appeal application, the applicant argued that the ministry should not have issued this approval and expressed concerns about the history of compliance with the persons involved in operating this facility.

Within the leave to appeal application, the ministry was provided with the names of all officers/directors of 117 Disco Road Inc. and became aware of information about their compliance history that was not before the director when he made the decision to issue ECA No. 1667-CPWU3Z. As a result of that information, the director has decided to revoke ECA No. 1667-CPWU3Z on the basis of:

  • the past conduct of certain officers and directors of 117 Disco Road Inc.
  • the past conduct of a company affiliated with those officers and directors(Trillium Recovery Inc.)

This past conduct is described in a notice of refusal issued on December 20, 2012 refusing to issue an ECA to Trillium Recovery Inc. for a waste disposal site - specifically a waste transfer station in Toronto, Ontario seeking permission for the receipt, temporary storage and transfer of up to 1,000 tonnes per day of soil and soil-like material. The ministry director refused to issue this ECA to Trillium Recovery Inc. due to the past conduct of that company and its officer/director. That same officer and director is also an officer and director of 117 Disco Road Inc.

Comments received

Through the registry

28

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

The information below summarizes the public's comments and how we considered and addressed them as part of our decision:

  1. Twenty-eight comments in support of the revocation due to concerns related to the past conduct of the persons involved in operating 117 Disco Road Inc. and concern of further misconduct as a result of ECA No. 1667-CPWU3Z.

    Response: The ministry has revoked ECA No. 1667-CPWU3Z.

  2. Concern about the process followed in taking the decision to revoke ECA No. 1667-CPWU3Z and opposition to the revocation decision.

    Response: This comment did not raise any new or relevant information not already before the director in making this decision, nor did it provide any rationale or factual basis in support of not revoking that could influence his decision.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from August 14, 2023 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

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 5th 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)

Issuing authority
Mohsen Keyvani
Manager

Environmental Assessment and Permissions Branch
135 St Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

416-432-7253

Proponent(s)

117 Disco Road Inc.
117 Disco Road
Toronto, ON
M9W 1M3
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-7212
Ministry reference number
3438-CSHMCU

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-7212
Ministry reference number
3438-CSHMCU
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

June 15, 2023 - July 30, 2023 (45 days)

Proposal details

On April 12, 2023, the Ministry of the Environment, Conservation and Parks issued Environmental Compliance Approval (ECA) No. 1667-CPWU3Z to 117 Disco Road Inc. for the use and operation of a non-hazardous solid waste transfer facility located in Toronto, Ontario, including the receipt and temporary storage and transfer of up to 2,000 tonnes per day of excess soil.

This decision was subject to a leave to appeal application submitted on April 25, 2023  (ERO 019-5393).  In their application, the applicant indicated their belief that the ministry should not have issued this approval and expressed concerns about the history of compliance with the persons involved in operating this facility. 

The director is now proposing to revoke ECA No. 1667-CPWU3Z on the basis of:

  • the past conduct of certain officers and directors of 117 Disco Road Inc.
  • the past conduct of a company affiliated with those officers and directors (Trillium Recovery Inc.).

The past conduct is described in a notice of refusal issued on December 20, 2012 refusing to issue an Environmental Compliance Approval for a waste disposal site - specifically a waste transfer station in Toronto, Ontario seeking permission for the receipt, temporary storage and transfer of up to 1,000 tonnes per day of soil and soil-like material.

The ministry Director refused to issue the ECA to Trillium Recovery Inc. in 2012 due to the past conduct of that company and its officer/director. That same officer and director is also an officer and director of 117 Disco Road Inc.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from June 15, 2023
to July 30, 2023

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