[Indexed as: Greater Vancouver Sewerage v. British Columbia (Director, Environmental Management Act)]

摘要

Environmental law - Statutory protection of environment - Approvals, licences and orders - Appeals - Practice and procedure - Miscellaneous - City's sewage and drainage district appealed from issuance of approvals by Director to village and company for plans relating to closure of landfill -District applied for orders requiring company to provide it with groundwater and leachate samples and requiring Director, company, village, First Nations to provide certain requested documents - Application granted in part - District did not explain how documents requested from First Nations were relevant, and aspects of request appeared overly broad and duplicative - Director had taken reasonable steps and identified documents appeared to constitute all of documents relating to review of and decision to approve closure plans for landfill -Director would be ordered to provide company of statutory decision maker's handbook and any identified documents that district did not already possess -Company would be ordered to disclose communications with consultants about closure plans, chloride levels in groundwater and its treatment and any leaks with chloride from landfill, as this was relevant to reasonableness of closure plans - Company would also be ordered to provide documents relating to tabulated analytic date for sump leachate and groundwater wells, new groundwater wells and chloride for selected wells and sumps - District's request for data from any other samples of soil, leachate or other matrices was too broad - District's application with respect to village would be dismissed as it was highly unlikely that it had any documents covered by request that were not also possessed by and another participant and already addressed on basis of that possession - While Board had power to order production of documents and other things, such power was limited to things that already existed and were in person's possession or control - Board had no jurisdiction to order company to produce samples that did not currently exist or to order that district enter onto property to sample wells.