Important Environmental Appeal Board Decision With Implications For Contaminated Site Certificate Of Compliance Applicants

INTRODUCTION

On July 17th 2013, the Environmental Appeal Board ("EAB") released its decision in Burquitlam Building Limited and Morguard Real Estate Investment Trust – and – Director, Environmental Management Act, Decision No. 2012-EMA-002(b). 

The EAB allowed an appeal from Burquitlam Building Limited and Morguard Real Estate Investment Trust (collectively "Morguard") from a February 8, 2012 decision of Peggy Evans, acting as the Director (the "Director") under the Environmental Management Act, S.B.C. 2003, c. 53 (the "Act"), refusing to issue Certificates of Compliance ("CofC") for two contaminated sites located in Coquitlam, British Columbia. Canada Safeway Ltd. ("Safeway") participated in the appeal as a third party, as it owns one of the sites and was opposed to the issuance of the CofCs for the Morguard sites.