Upcoming appeal

Environmental Appeal Board

APPEAL FILES: 2017-EMA-001 and 003 [Group No. 2017-EMA-G01]

Fourth Floor 747 Fort Street Victoria British Columbia V8W 3E9
Telephone: (250) 387-3464 Facsimile: (250) 356-9923
Mailing Address:
PO Box 9425 Stn Prov Govt Victoria BC V8W 9V1
Website: www.eab.gov.bc.ca E-mail: eabinfo@gov.bc.ca

March 6, 2017 Via email
Ermes Culos
Box 524
Ashcroft BC V0K 1A0
Ministry of Justice
PO Box 9280 Stn Prov Govt Victoria BC V8W 9J7
Attention: Meghan Butler and Cory Bargen
Shapray Cramer & Associates Barristers & Solicitors
Suite 670 World Trade Centre 999 Canada Place
Vancouver BC V6C 3E1 Attention: Stephen M. Fitterman

Nlaka’pamux Nation Tribal Council Box 430
1632 St. George’s Road
Lytton BC V0K 1Z9
Attention: Grand Chief Bob Pasco
Village of Cache Creek Box 7
Cache Creek BC V0K 1H0
Attention: Mayor John Ranta

RE: Environmental Management Act Appeal –- Culos v. December 15, 2016 decision of A.J. Downie for the Director, Environmental Management Act, to issue Operational Certificate 107189 to the Village of Cache Creek and Belkorp Environmental Services Inc. for the Cache Creek Landfill Extension [2017-EMA-001]
RE: Environmental Management Act Appeal –- Nlaka’pamux National Tribal Council v. December 15, 2016 decision of A.J. Downie for the Director, Environmental Management Act, to issue Operational Certificate 107189 to the Village of Cache Creek and Belkorp Environmental Services Inc. for the Cache Creek Landfill Extension [2017-EMA-003]
The Board is now in receipt of responses from each of the parties in reply to the Board’s letter of February 1, 2017, proposing to join the above-noted appeals under group file: 2017-EMA-G01 and to hearing the appeals by way of written submissions.
No response was received from Nlaka’pamux Nation Tribal Council.

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Based upon the parties’ responses, the Board confirms that that above noted appeals have been joined under Group File: 2017-EMA-G01, and the hearing will proceed by way of written submissions.
Subject to any objections, the Board has set the following schedule for the exchange of the parties’ written submissions and supporting documentation, based upon the schedule proposed by counsel for the Respondent.

•   The Appellants must submit their written comments and pertinent documentation to the Board (two copies), to the Respondent, the Third Parties and each other (one copy each), by no later than May 12, 2017.
  
•   The Third Parties must submit their written comments and pertinent documentation to the Board (two copies), to the Respondent, the Appellants and each other (one copy each), by no later than May 26, 2017.
  
•   The Respondent must submit his written responses to the Appellants’ and Third Parties’ initial written comments by no later than June 9, 2017. These comments are to be submitted to the Board (two copies), to the Appellants and the Third Parties (one copy each).
  
•   The Appellants may submit any rebuttal comments on the submissions of the Respondent and the Third Parties by no later than June 23, 2017. No new evidence is to be included in the rebuttal comments. These comments are to be submitted to the Board office (two copies), to the Respondent, the Third Parties and each other (one copy each).
  In addition to the above, submissions may also be filed electronically.
  The panel of the Board will review the comments and responses and may then direct questions to the parties for further comment.
  Please note that failure to meet the aforementioned time restrictions may result in the loss of opportunity to submit argument.
  In the event that notice of an expert report or notice of expert testimony may be given pursuant to Rule 25, the parties are requested to advise the Board by not later than March 17, 2017, in order that the Board may set the schedule for the filing of notice of an expert report or expert testimony and notice of any rebuttal expert report or expert testimony.
  In order to assist the parties in preparing their written submissions, the Board is enclosing a copy of its information sheet entitled “Preparing for a Written Hearing and Preparation Checklist”.
  

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In the meantime, should you have any questions regarding the appeal, please do not hesitate to contact the Board’s Registrar, Jacquelene Seigel.
Yours truly,
Robert Wickett, Q.C. Vice-Chair
Att.
2017-03-06 LT Parties group appeals wsub schedule