Interim Suspension

Application for an Interim Suspension or Suspension of an Environmental Protection Compliance Order

[1] A person subject to an Environmental Protection Compliance Order (EPCO) may apply, pursuant to section 258 of the Canadian Environmental Protection Act 1999 (CEPA, 1999), for an order suspending the EPCO. That person may also apply for an interim suspension of the EPCO. The application must be made before the commencement of the review hearing.

[2] An application for an interim suspension or suspension ("application") should, subject to any direction from Environmental Protection Review Canada (EPRC), be in writing setting out the grounds on which it is sought. An application must be served on the Minister at the same time it is sent to EPRC.

[3] Applications must be supported by affidavit evidence that, in addition to addressing any other matter that the applicant considers relevant, must address the following:

1. The merits of the request for a review;
2. The irreparable harm that will be suffered by the applicant if an interim suspension or suspension is not granted;
3. The balance of convenience, namely, whether the harm to the applicant if a suspension is denied outweighs the risk to the environment if a suspension is granted.

[4] The Minister may file affidavit evidence in reply, addressing, in addition to any other matter that the Minister considers relevant, the three matters listed in the preceding paragraph.

[5] Cross-examination on the affidavit material may take place before a Review Officer. The Review Officer may limit the scope of cross-examination to only those issues that are relevant to the disposition of the application. In the ordinary course, and subject to any direction to the contrary from the Review Officer, oral submissions on the application for a suspension will take place immediately following the completion of cross-examination. The Review Officer, in his or her discretion, may order that interrogatories if any, and submissions be made in writing.

[6] An applicant must, as soon as possible after the filing of a request for a review, arrange for a conference call with EPRC and the Minister to obtain direction as to the form and content of the application, the necessary supporting materials, the scheduling of dates for the cross-examination of witnesses, and the scheduling of the hearing of the application for suspension.

[7] Oral submissions, if any, with respect to the merits of the applications may be made by conference call. In certain circumstances the hearing may be dealt with through written material only.

[8] Where the circumstances warrant, an application for an interim stay may be granted prior to the filing of affidavit material.