AOPA Concern #1: The Application Process
Applicant gets all benefits
- Consultants within the NRCB are there to assist the application process
- Unlimited time to complete (there is no formal deadline)
- Lack of democratic rights for adjacent landowners - concerns may not hold any weight even if they are heard. It’s up to the NRCB’s “discretion” whether or not a public concern is valid.
Directly affected status is very limited
- Directly affected status is very difficult to obtain
- Once directly affected status is obtained, concerned residents get little time to submit comments—Once the application is deemed complete, the affected party or anyone wishing to express concerns has 10 days to get their comments/concerns in.
Public funding
Public funds are assisting applicants but there is no funding available for affected members of the public including municipalities who wish to challenge a CFO application.
Standards and regulations
Same standards and regulations apply for the whole Province even though the Province varies greatly geographically and demographically.
Discretionary application
NRCB has the discretion to waive or amend requirements of AOPA
Cumulative environmental impacts
The NRCB does not take into consideration cumulative environmental impacts of multiple CFOs in an area.
Ongoing complaints
CFO operators with ongoing complaints, enforcement orders and/or emergency orders may be considered for expansion regardless of ongoing issues.
Unequal opportunity to respond
Applicants are afforded the opportunity to respond to concerns raised by potentially affected parties. The public is not afforded an opportunity to respond to the applicants measures to address those concerns until after the application has been approved by the approval officer.
Conditions may or may not be enforceable
Conditions contained within the Decision Report to address public concerns may or may not be enforceable by the NRCB after the CFO is operating.
