Indexed as: Cold Lake Fibromyalgia Support Group v. Alberta (Director, Northern Region, Regional Services, Alberta Environment)

摘要

Administrative law-Requirements of natural justice - Right to hearing - Procedural rights at hearing - Stay of proceedings-Director issued amending approvals under Environmental Protection and Enhancement Act authorizing construction of heavy oil processing plant and operation of oil production sites in Alberta - Amending approvals incorporated Lakeland Industry and Community Association Air Quality Monitoring Program (LICA) to monitor air quality in area - Environmental Appeal Board received notices of appeal - Appellants requested stay but then wished to go to mediation, with review of stay to be concluded at later date - Participants did not come to resolution at mediation - Appellants submitted that not granting stay would mean harm might occur to residents of air shed due to unmonitored exceedances - Stay request denied - Appellants raised serious issue as to adequacy of LICA monitoring program to monitor emissions from facilities governed by amending approvals - Appellants lived in air shed and had interest in ensuring emissions were properly monitored - Loss of data from pre-existing monitoring stations was not irreparable harm, as monitoring was still required under amending approvals - Neither appellants nor approval holders would suffer greater harm if stay were granted - When all things are equal, status quornshould be preserved - Board's environmental mandate requires it to consider public interest - At this stage, it was difficult to determine whether changes to monitoring conditions were benefit or detriment to protection of air shed - Because of this uncertainty, status quo should prevail - Amending approvals were status quo.