Docket: LW01002
Order LW01-02
IN THE MATTER of an appeal by Kellie Andrews, on behalf of concerned residents in the community of Brookfield, against a decision of the Minister of Transportation and Public Works to issue an entrance way permit, dated August 16, 2001.
BEFORE THE COMMISSION
on Wednesday, the 3rd day of October, 2001.
Ginger Breedon, Chair
Kathy Kennedy, Commissioner
Reasons for Order
WHEREAS on September 6, 2001 the Commission received a Notice of Appeal, dated September 15, 2001 [sic], filed by Kellie Andrews (the Appellant), on behalf of concerned residents in the community of Brookfield, against an entrance way permit issued by the Minister of Transportation and Public Works (the Respondent) to the Island Waste Management Corporation, said permit dated August 16, 2001;
AND WHEREAS the Commission's jurisdiction in appeals pursuant to the Roads Act, R.S.P.E.I. 1988, Cap. R-15 is set out in subsection 12.(1) of the Roads Act Highway Access Regulations (EC580/95), which states:
12.(1) Where the Minister has discretion to issue an entrance way permit pursuant to these regulations, a decision of the Minister may be appealed to the Island Regulatory and Appeals Commission, by the applicant. (Emphasis added)
AND WHEREAS following receipt of the appeal, the Commission invited written submissions from the Appellant and the Respondent on the issue of whether the Commission has the jurisdiction to hear this appeal;
AND WHEREAS written submissions were received from the Appellant and the Respondent;
AND WHEREAS the Appellant submits the position that the Commission has the jurisdiction to hear the appeal pursuant to the Roads Act Highway Access Regulations, as the applicant, Island Waste Management Corporation, is a Crown Corporation of the Province representing the people of the Province, including the Appellant. As a resident of the Province, the Appellant therefore argues that she is also an applicant having a right to appeal this entrance way permit to the Commission;
AND WHEREAS the Respondent's submission states that the Commission does not have the jurisdiction to hear this appeal, as the Appellant was not the applicant for the entrance way in question;
AND WHEREAS the Commission is a creation of statute and only has the authority expressly conferred upon it by the Legislature;
AND WHEREAS the Legislature has conferred upon the Commission, under subsection 12.(1) of the Roads Act Highway Access Regulations, the power to hear an appeal of an entrance way permit only by the applicant for said permit;
AND WHEREAS after careful review of the submissions advanced by the Appellant and the Respondent, together with the applicable law, the Commission finds that the Appellant is not an applicant within the intent of the Roads Act Highway Access Regulations, and therefore the Commission does not have the jurisdiction to hear the present appeal;
ACCORDINGLY, IT IS HEREBY ORDERED that the Commission is without jurisdiction to hear this appeal.
DATED at Charlottetown, Prince Edward Island, this 3rd day of October, 2001.
BY THE COMMISSION:
Ginger Breedon, Chair
Kathy Kennedy, Commissioner
NOTICE
Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:
Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.
Sections 13.(1) and 13(2) of the Act provide as follows:
(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.