The British Columbia Court of Appeal has overturned a B.C. Supreme Court decision that found a provincial government tire- recycling program was unlawful.
Last year the provincial Supreme Court found that the Financial Incentives for the Recycling of Scrap Tires program was unfair because it was not done in accordance with the manner prescribed by legislation.
B.C. Supreme Court Justice Bruce Harvey found last year, that the Financial Incentives for the Recycling of Scrap Tires (FIRST) program, implemented by the B.C. government a decade ago, was unfair because it was not done in accordance with the manner prescribed by legislation.
The decision was prompted by legal action taken by Valley Rubber Resources Inc., Kamloops, B.C., against the minister of environment and R. J. Driedger, the ministry director of pollution prevention and remediation branch.
Valley Rubber was seeking to be declared a processor of recycled tires so it could gain better access to a supply of scrap tires.
In August 2000 Valley Rubber applied to be registered as a processor but its application was never approved. The company filed legal action, arguing that the government's scheme was unfair because it was implemented and administered unlawfully. The trial judge agreed.
The government appealed and the trial judge's deadline for changing the regulations was extended until a decision was reached in the appeal court.
In a decision Sept. 25, the Appeal Court found that the lower court erred in finding that the FIRST program was not made in accordance with the manner prescribed by legislation.
To read the court decision click here.