Enviromental Appeals Board

184 Pages·2004·4.84 MB·English

Enviromental Appeals Board
1 9 9 3 - 2 0 0 3
10th anniversary report
Enviromental Appeals Board
Suite 306, Peace Hills Trust Tower | 10011 - 109 Street | Edmonton, Alberta T5J 3S8
ISSN #1206-8063 Printed in Canada
design: schroeder design group|780 487 7537 | www.schroederdesign.ca
Enviromental Appeals Board
10th anniversary report | 1 9 9 3 - 2 0 0 3
Table of Contents
4
Transmittal Letter
5
Introduction
7
Message from the Chair
10
Background
13
Deference to the Board
15
Board Membership
21
Board Staff
23
Board Accommodations
25
Mission Statement
26
Operating Principles
27
Core Business
29
General Objectives
31
Strategies
32
Acts/Regulations
33
Rules of Practice
35
Appeal Process
36
Public Documents
38
Public Presentations
46
Board Accomplishments
49
Statistics
53
Finances
54
Mediation
55
Directly Affected
57
Partnership Conference
61
Costs
62
Key Environmental Challenges
65
APPENDIX A
68
APPENDIX B
75
APPENDIX C
Enviromental Appeals Board
Introduction
September 1, 2003, marks the tenth anniversary of the establishment of the Environmental Appeals
Board. In recognition of this, the Board has prepared this document entitled Alberta Environmental
Appeals Board 10th Anniversary Report 1993 2003, which summarizing our work and accomplishments.
The report contains a description of the development, purpose, structure, and function of the
Environmental Appeals Board. It includes an explanation of the appeal process, statistics on the appeals
filed, and a summary of the Board's finances. It also discusses the Board's operating principles,
objectives, and strategies. Finally, the report includes a number of brief essays on practice before the
Board and a summary of the Board's decisions.
From September 1, 1993 to September 1, 2003, the Board received 1,129 appeals. In processing these
appeals, the Board has worked diligently to advance the protection, enhancement and wise use of
Alberta's environment by providing fair, impartial and efficient resolution of all matters before it.
n o t e t o r e a d e r s
In the fall of 2003, the Board changed its name from the Environmental Appeal Board to the Environmental Appeals
Board. This change took place to reflect the Board's ability to deal with many different types of appeals, as well as
to clearly communicate to the public that the Board can combine appeals under the Environmental Protection and
Enhancement Act and Water Act. The ability to combine appeals will not only increase efficiency and effectiveness,
but decrease costs the Board may incur.
On January 1, 2002, the Environmental Protection and Enhancement Act, R.S.A. 2000, c.E-12, replaced the
Environmental Protection and Enhancement Act, S.A. 1992, c. E-13.3.
On January 1, 2002, the Water Act, R.S.A. 2000, c. W-3, replaced the Water Act, S.A. 1996, c.W-3.5.
On January 1, 2002, the Government Organization Act, R.S.A. 2000, replaced the c.G-10, Government
Organization Act, S.A. 1994, c.G-8.5
5
10th anniversary report | 1993 -2003
Enviromental Appeals Board
Message from the Chair
It has been a great pleasure and honour to serve the
people of Alberta as Chair of the Environmental
Appeals Board for the first ten years of its
existence. It has been a challenging and rewarding
experience.
I want to take this opportunity to thank all of the
people who have made this possible. First and
foremost, I want to thank my wife, Sandra, and my
children for all of their support. Without them,
none of this would be possible. Second, I want to
thank all of the Board Members who have served
on the Board throughout the years. I am grateful
for their support, their expert skill, and their sound judgment. In particular, I want to thank Dr. John
Ogilive, the Board's Vice Chair until his retirement in 2002. John has been, and remains, a great
source of inspiration and practical advice. Third, I want to thank the Board's staff members for every-
thing that they do. They epitomize teamwork, and their dedication and commitment never cease to
amaze me. I can think of no greater testament to the Board's staff than the comments I receive from
parties appearing before the Board, that they have been treated fairly and respectfully.
I also want to thank the Government of Alberta and all of the various Ministers that I have worked
with throughout the years for their support of the Board. Starting with Premier Klein who, as
Minister of Environment, provided the leadership and vision to enact the Environmental Protection
and Enhancement Act and establish the Environmental Appeals Board. Following Premier Klein,
was the Honourable Brian Evans, the Honourable Ty Lund, the Honourable Gary Mar, and the
Honourable Halvar Johnson. Each provided steadfast support for the Board. Most recently, it has
been my great pleasure to work with the Honourable Dr. Lorne Taylor. Dr. Taylor has been a great
champion of the environment and continues to provide us with a clear vision and strong leadership.
c r e a t i o n a n d g r o w t h o f t h e b o a r d
The Board was created in 1993 when the Environmental Protection and Enhancement Act was
proclaimed. The Environmental Protection and Enhancement Act, which replaced and consolidated
nine statues, was developed through an extensive public consultation process. It was through this
consultation process that the government, members of the public, business, and industry called for
the establishment of the Board, with specialized expertise and technical competence, to provide for
an independent review of decisions made by Alberta Environment. As Premier Klein stated when he
7
10th anniversary report | 1993 -2003
introduced the legislation, the Environmental Protection and Enhancement Act includes "…opportu-
nities for appeals for parties directly affected by decisions through the creation of an environmental
appeal board. The board will provide an independent review of the decisions made by directors and
other people within the department to provide a system of checks and balances on those decisions."
(Hansard, June 4, 1992, page 1184.)
In 1993, when we began, we received six appeals. At the time, it seemed like a lot. Since then, our
workload has continued to grow and the issues that we are dealing with have become more complex.
We initially heard only appeals under the Environmental Protection and Enhancement Act. However,
in 1996 we were assigned to hear appeals under the environmental provisions of the Government
Organization Act and in 1999 we were assigned to hear appeals under the new Water Act. I am
grateful to the Legislature for their vote of confidence in us and I have no doubt the expanded
jurisdiction that we were granted was the result of the hard work by the Board's members and staff.
With the additional jurisdiction assigned to us, last year (fiscal 2002/2003), we received 152 appeals
and in the first six months of this year, we received 122 appeals, with almost 200 appeals anticipated
by years end (fiscal 2003/2004). In total, between September 1, 1993 and September 1, 2003, we
have received a total of 1,129 appeals. When I look back over the last ten years, at all the things we
have accomplished, I am confident that the Board has met and exceeded the expectations of the
Government and the citizens of Alberta.
i n n o v a t i o n a n d t h e f u t u r e
One of the key reasons that we have been able to meet and exceed these expectations is that we are
always looking for a better way to do things. One of these "better ways" is our mediation program.
Shortly after I was appointed to the Board, I was asked how I was going to deal with the appeals that
came before the Board. At the top of my list was the use of mediation. As I was examining ways to
incorporate mediation into the Board's appeal process, I was referred to Dr. Larry Susskind, President
of the Consensus Building Institute and Director of the MIT/Harvard Public Disputes Resolution
Program at Harvard Law School. It took me some time to get in contact with Dr. Susskind, but
eventually I had the opportunity meet with him and discuss my ideas about mediation. I will always
be grateful for his assistance. With Dr. Susskind's guidance, and through a lot of hard work by the
Board members and Board staff, we have been able to develop a very successful and first of its kind
mediation program at the Board. We have never looked back. Mediation provides an opportunity
for the parties to resolve their own dispute without the necessity of the Board's hearing process. It is
a quick and cost efficient process that gives the parties greater control over the outcome of their
appeals. Our mediation program currently has an 81% success rate, and we continue to look for ways
to improve and expand the program.
In keeping with the Board's commitment to mediation and coming up with better ways to do things,
the Board has held two conferences in conjunction with the Consensus Building Institute, Indian and
Enviromental Appeals Board
Northern Affairs Canada, Alberta Aboriginal Affairs and Northern Development, and the Alberta
Solicitor General Aboriginal Justice Initiatives Unit. The purpose of these conferences was to
provide opportunities for stakeholders to develop a better understanding of mediation and to provide
opportunities to build relationships aimed at the better resolution of disputes, particularly those
involving First Nations. These conferences have been an outstanding success and the Board is com-
mitted to holding further conferences to further these goals.
The Board has found a number of other better ways to improve our ability to carry out our mandate.
Our decisions are widely reported in several leading legal reporting series, as well as available on the
internet through the Board's website and commercial on-line sources. We have recently completed
renovations to our hearing room to allow for state of the art multimedia presentations. The Board has
also been using a timer system to improve the efficiency and effectiveness of its hearings. The list
of improvements goes on and the Board continues to look for further innovations to fulfill our man-
date.
With our first ten years successfully behind us, I look forward to the further challenges and rewards
that face us. With the support of the Government of Alberta and the various Ministers, Board
Members, and Board staff, I believe that we have built an outstanding Board that will continue to
serve the people of Alberta well into the future.
William A. Tilleman, Q.C.
Chair
9
10th anniversary report | 1993 -2003
Background
The Government of Alberta initiated the task of restructuring environmental legislation in Alberta in 1988
by asking the Review Panel on Environmental Law Enforcement to make recommendations to
strengthen the enforcement of Alberta's environmental statutes. The initiative resulted in the June 1990
release of a discussion draft of the Environmental Protection and Enhancement Act ("EPEA" or the
"Act"), released by the Honourable Ralph Klein, then Minister of Environment. The draft contained
several sections establishing "boards of review" (similar to those under the Canadian Environmental
Protection Act) to hear appeals on certain specified matters.
In the fall of 1990, the government appointed the Environmental Legislation Review Panel to conduct
public meetings throughout the province to gather written and oral submissions. As a result of the
public meetings, it came to light that there was a need for a legislative balance between public concerns
Enviromental Appeals Board