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ARTICLE · 02 JANUARY 2014

Public Access To Approvals Documents At Environmental Tribunal – Part 2

As mentioned in our previous post, there is a limited right of public access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, during an application for leave to appeal that ECA to the Environmental Review Tribunal (ERT).

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As mentioned in our previous post, there is a limited right of public access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, during an application for leave to appeal that ECA to the Environmental Review Tribunal (ERT).

In Environment Hamilton Inc. v. Director, Ministry of the Environment, an environmental group sought leave to appeal an ECA issued to Sunrise Metals for oxy-propane metal cutting at their metal recycling facility. Sunrise uses an oxy-propane torch to cut scrap metal into smaller pieces to ship to customers. Under its ECA, it was required to "conduct all torching operations in accordance with the Torch Cutting Procedure" to control visible emissions.

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