Pippy Park Conservation Society Inc. v. Canada (Minister of the Environment) et al., (1994) 86 F.T.R. 255 (TD)

• Judge: Pinard, J.
• Court: Federal Court (Canada)
• Case Date: October 07, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 86 F.T.R. 255 (TD)

Pippy Park Conservation Soc. v. Can. (1994), 86 F.T.R. 255 (TD)

MLB headnote and full text

In The Matter Of Environmental Assessment and Review Process Guidelines Order.

Pippy Park Conservation Society Incorporated (applicant) v. The Minister of Environment and The Minister of Transport (respondents)

(T-2324-93)

Indexed As: Pippy Park Conservation Society Inc. v. Canada (Minister of the Environment) et al.

Federal Court of Canada

Trial Division

Pinard, J.

November 10, 1994.

Summary:

On August 20, 1993, the Minister of Transport publicly approved construction of the Outer Ring Road project, a four lane highway running across the area north of St. John's, Newfoundland, known as Pippy Park. Pippy Park Conservation Society Inc. applied for judicial review of the Minister's decision on the grounds that the requirements of ss. 10(2) and 13 of the Environmental Assessment and Review Process Guidelines Order (EARP Guidelines Order) were not met.

The Federal Court of Canada, Trial Division, dismissed the application.

Pollution Control - Topic 1842

Environmental assessments or impact studies - Environmental Assessment and Review Process Guidelines Order (EARP Guidelines Order) - Interpretation - S. 10(2) - On August 20, 1993, Transport Canada publicly announced its intention to proceed with construction on the Outer Ring Road in Newfoundland - Pippy Park Conservation Society applied for judicial review of the decision arguing, inter alia, that Transport Canada failed to comply with s. 10(2) of the EARP Guidelines Order because they relied upon an Environmental Impact Statement prepared by the Provincial Department of Transport - Pippy Park stated that such reliance constituted a "form of prohibited delegation", contrary to s. 10(2) - The Federal Court of Canada, Trial Division, dismissed the application - The court reviewed s. 10 and determined that nothing in the section "prohibits the reliance upon the work generated by another level of government, if relevant and reliable" - See paragraphs 12 to 14.

Pollution Control - Topic 1842

Environmental assessments or impact studies - Environmental Assessment and Review Process Guidelines Order (EARP Guidelines Order) - Interpretation - S. 13 - On August 20, 1993, Transport Canada publicly announced its intention to proceed with construction on the Outer Ring Road in Newfoundland and stated that it would receive public comment on its decision until November 19, 1993 - Receiving only two submissions, Transport Canada decided not to refer the Outer Ring Road proposal to the Minister of Environment for public review by a panel - Pippy Park Conservation Society applied for judicial review of the decision arguing, inter alia, that the Minister failed to comply with s. 13 of the EARP Guidelines Order - The Federal Court of Canada, Trial Division, dismissed the application where it determined that the decision was made in good faith and was based on relevant considerations - See paragraphs 15 to 17.

Pollution Control - Topic 1842

Environmental assessments or impact studies - Environmental Assessment and Review Process Guidelines Order (EARP Guidelines Order) - Interpretation - S. 13 - The Federal Court of Canada, Trial Division, stated that when a proposal is not referred to the Minister of Environment for public review by a panel, the "court ought not to interfere unless it is satisfied that there was no evidence or reasonable basis in the environmental assessment studies and other relevant documents considered by the initiating department to support the latter's conclusion that public concern was not such that a public review was desirable" - See paragraph 15.

Pollution Control - Topic 1847

Environmental assessments or impact studies - Environmental Assessment and Review Process Guidelines Order (EARP Guidelines Order) - Public review by a panel - [See second and third Pollution Control - Topic 1842 ].

Cases Noticed:

Friends of the Island Inc. v. Canada (Minister of Public Works) et al. (1993), 65 F.T.R. 180 (T.D.), refd to. [para. 12, footnote 1].

Cantwell et al. v. Canada (Minister of the Environment) et al. (1991), 41 F.T.R. 18 (T.D.), refd to. [para. 12, footnote 1].

Statutes Noticed:

E.A.R.P. Guidelines Order - see Environmental Assessment and Review Process Guidelines Order.

Environmental Assessment and Review Process Guidelines Order, SOR/84-467, sect. 3, sect. 4(1)(a), sect. 4(1)(b), sect. 6(c), sect. 10(1), sect. 10(2), sect. 12(c), sect. 13, sect. 15, sect. 19(a)(i), sect. 19(a)(ii) [para. 2].

Counsel:

V. Randell J. Earle, Q.C., for the applicant;

Joseph De Pencier, for the respondent.

Solicitors of Record:

O'Dea, Earle, St. John's, Newfoundland, for the applicant;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on October 7, 1994, at Ottawa, Ontario, before Pinard, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on November 10, 1994.