Investigation v. Inspection
An appeal court has confirmed it again: an inspection can continue while an investigation is underway, but investigators must be able to prove that they did not use any information from such an inspection. In R. v. Crown Cork and Seal, the Ministry of the Environment investigator met with an inspector, but neither kept notes...
Continue reading the post titled Investigation v. InspectionFederal Environmental Assessment and Land Use Planning: Interjurisdictional Issues
The Ontario Superior Court of Justice has released a decision which demonstrate that the relationship between environmental assessments and land use planning remains as complex as ever, especially when interjurisdictional issues are involved. The October 29, 2018 decision in Halton v. CNR, 2018 ONSC 6095, a motion to stay an application, involves a Canadian National...
Continue reading the post titled Federal Environmental Assessment and Land Use Planning: Interjurisdictional IssuesOil Sands tailings pond management not meeting environmental targets
The Alberta Energy Resources Conservation Board has released its 2012 Tailings Management Assessment Report, Oil Sands Mining Industry. It concludes: 6 Conclusions Industry performance over the 2010/2012 reporting period has not met the original expectations of Directive 074. However, the ERCB notes that all operators have committed significant resources towards managing their tailings in accordance with...
Continue reading the post titled Oil Sands tailings pond management not meeting environmental targetsPractical Tips for Conducting the Termination Meeting
So the decision has been made to terminate an employee, and you are in charge of delivering the bad news. As difficult as that may be for you, it will undoubtedly be more difficult and uncomfortable for the employee. Below are a number of practical tips to reduce the stress, tension and potential liabilities...
Continue reading the post titled Practical Tips for Conducting the Termination MeetingU.S. Pentagon: Climate Change an Immediate Security Threat
The U.S. Pentagon’s latest report, the 2014 Climate Change Adaptation Roadmap, calls climate change an immediate threat to national security. The forward, by U.S. Defense Secretary Chuck Hagel, sets the tone: “Rising global temperatures, changing precipitation patterns, climbing sea levels, and more extreme weather events will intensify the challenges of global instability, hunger, poverty, and conflict. They will...
Continue reading the post titled U.S. Pentagon: Climate Change an Immediate Security ThreatNo stay for Order to former officers and directors
The Environmental Review Tribunal has refused to stay a multimillion dollar order to the former officers and directors of a bankrupt company and its parent, pending appeal, whether or not the Ministry of the Environment had jurisdiction to issue the Order.
Continue reading the post titled No stay for Order to former officers and directorsNew Code of Practice for Workplace Harassment Provisions of OHSA
The Ontario Ministry of Labour has now issued a Code of Practice containing direction with respect to its expectations for the implementation of Bill 132, which amends the workplace harassment provisions of the Occupational Health & Safety Act (“OHSA”). However, a few remaining “grey areas” are bound to cause headaches for employers when the changes come...
Continue reading the post titled New Code of Practice for Workplace Harassment Provisions of OHSACompost rules have been finalized
Three years after the initial consultation, Ontario now has new rules for composting and the use of compost.
Continue reading the post titled Compost rules have been finalizedBrownfields Progress?
This week, Ontario’s Brownfields Stakeholder Group was delighted to hear that progress is being made on some old problems. For example: 1. Escheats: When a company is dissolved, its remaining assets go automatically to the Crown. As a result, the province ends up (without its knowledge) owning land all across the province, much of it...
Continue reading the post titled Brownfields Progress?Rules for bird studies for wind turbines
The Ministry of Natural Resources has released proposed Guidelines for wind turbine applications on both Crown and private lands. The Guidelines set out data and study requirements for applications under the Renewable Energy Approval regulation on identifying and addressing potential negative effects on birds and bird habitats during the planning, construction and operation of wind power...
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