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Part 2: Who’s In Charge of the NPCA?


The application for an injunction and a ruling regarding the interpretation of the Conservation Authorities Act brought by ‘A Better Niagara’ against the Niagara Peninsula Conservation Authority resumed today at the Welland Courthouse.

Legal counsel for the Region of Niagara was present and supported the application put forward by ABN.  Also present was counsel for the City of Hamilton and for Haldimand County.  The NPCA was represented only by its interim CAO David Barrick as it still had not obtained legal representation for this matter.

Justice Ramsay ordered that the NPCA is to hold a board meeting with the new board members on January 7th, 2019, at 2:30 p.m. at the NPCA’s facilities.  Justice Ramsay adjourned the matter ‘sine die’, which means that the matter has been adjourned without any set return date.

The adjournment of this matter ‘sine die’ reflects the likelihood that the matter will be settled by the new NPCA board once it meets on January 7th.  Justice Ramsay’s order that the NPCA hold a board meeting effectively grants an opportunity for the relief asked for by ABN in one respect, that the NPCA is required to comply with instructions from the new board members.  The remaining requests for relief from the initial application are with respect to the former NPCA board’s interpretation of the Conservation Authorities Act.  It does not seem likely that the new NPCA board, with its 12 members from Niagara as recognized by Justice Ramsay in his previous order of December 21, 2018, would retain or instruct legal counsel to argue against the relief requested in ABN’s application.

We will continue to monitor the results of this application as it moves towards a conclusion.

Post written by Karen Shedden, associate lawyer.