Plan Approvals Submitted Under Environmental Permits Are Appealable Decisions In B.C.

Co-authored by Paulina Adamson (Student-at-Law)

In the recent decision in Unifor Local 2301 v. Rio Tinto Alcan Inc., the British Columbia Court of Appeal (Court) confirmed that approval of a monitoring plan submitted under an environmental permit falls within the definition of a "decision" under the appeal provisions of the Environmental Management Act (EMA). The case is a useful reminder to industry proponents that plans and similar documents that are required to be submitted under permits for approval may be appealed by third parties.

BACKGROUND

Rio Tinto Alcan Inc. (Rio Tinto) operates an aluminum smelter in Kitimat, B.C. As part of its operations, it holds a permit under the EMA enabling it to emit sulphur dioxide. Rio Tinto applied to amend the permit in 2013 to increase the allowable discharge amounts. In approving the amendment, the Ministry of Environment (Ministry) required Rio Tinto to file an Environmental Effects Monitoring Plan (Plan) for approval.