Combined EPA/OHSA Fine of $5.3 Million Upheld
The explosions that occurred at a propane facility in Toronto in 2008 are difficult to forget. The explosions resulted in the catastrophic death of a worker, damage to surrounding homes and an area wide evacuation. On appeal an Ontario judge upheld a combined EPA and OHSA fine in the amount of $5.3 million, plus the...
Continue reading the post titled Combined EPA/OHSA Fine of $5.3 Million UpheldA Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35
On October 11, 2018, the Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 [Mikisew], in which the Court held that the Federal Government does not have a duty under s.35 of the Constitution Act, 1982 to consult Aboriginal Peoples in the development...
Continue reading the post titled A Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35Changes to Hazardous Waste Movement
The federal government is proposing to consolidate and streamline the Export and Import Regulations, the Interprovincial Movement Regulations, and PCB Waste Export Regulations. The Proposed Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (“Regulations”) was published on December 15, 2018 in the Canada Gazette. The goal of the proposed Regulations is to provide...
Continue reading the post titled Changes to Hazardous Waste Movement2008 Statements of Environmental Values
This fall, several ministries, including the Ministry of the Environment, quietly adopted new Statements of Environmental Values, to replace the 1994 versions. The new SEVs are more detailed and more ambitious. This may make it even more difficult for the MOE to issue approvals for innovative technology, in light of this year’s decisions in Lafarge. ...
Continue reading the post titled 2008 Statements of Environmental ValuesEnvironmental Assessment: Foreigners keep out?
According to Natural Resources Minister Joe Oliver, “Anyone looking at the record of approvals for certain major projects across Canada cannot help but come to the conclusion that many of these projects have been delayed too long. In many cases, these projects would create thousands upon thousands of jobs for Canadians…Unfortunately, there are environmental and...
Continue reading the post titled Environmental Assessment: Foreigners keep out?Is parent company liable for crimes of foreign subsidiary?
The Ontario Superior Court has dismissed Hudbay Minerals’ motion to strike out the claims against it, and its subsidiary, for rapes and other human rights abuses allegedly committed in Guatemala. The Court concluded that the plaintiffs’ claim, that the Canadian parent company is liable, in Canada, for the subsidiary’s security personnel’s crimes in Guatemala, will...
Continue reading the post titled Is parent company liable for crimes of foreign subsidiary?Ontario Moves to Formalize the Use of Third-party Off-sets Under the Endangered Species Act, 2007
The Ontario government has published the results of its 10-year review of the Endangered Species Act, 2007, S.O. 2007, c. 6(the “Act”). While the results are reported in summary fashion, the review has resulted in multiple proposed changes to the Act. The proposed changes have been posted on the Environmental Registry under five broad categories:...
Continue reading the post titled Ontario Moves to Formalize the Use of Third-party Off-sets Under the Endangered Species Act, 2007Spill Results in $100,000 Fine
On May 10, 2019 a transportation trucking company was fined $100,000 plus the 25% victim fine surcharge for discharging a contaminant into the natural environment contrary to the provisions of the Environmental Protection Act. In addition to the corporate fine the driver of the truck was convicted for one violation under the Environmental Protection Act...
Continue reading the post titled Spill Results in $100,000 FineChanges to the Nutrient Management Act, 2002 Regulations Approved
On June 14, 2019, the Ontario Government announced that it will amend the regulatory regime that governs farmers’ handling of manure and fertilizer. In Ontario, the Nutrient Management Act, 2002 (the “NMA”) regulates the management of manure generated from livestock as well as the application of manure and other fertilizer to fields in order to...
Continue reading the post titled Changes to the Nutrient Management Act, 2002 Regulations ApprovedCap-and-Trade
On October 11, 2019, the Ontario Superior Court of Justice, Divisional Court, confirmed that the repeal of the cap-and-trade system in Ontario absent engaging in public consultation was unlawful. The Ontario Divisional Court concluded that the Ontario government was “obliged” under the Environmental Bill of Rights to engage in public consultation prior to terminating the...
Continue reading the post titled Cap-and-TradeReceive Blog Posts
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