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Published on: 5 Jun 2019 By

Spill 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...

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Published on: 19 Jun 2019 By

Changes 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 farmersโ€™ handling of manure and fertilizer. In Ontario, the Nutrient Management Act, 2002 (the โ€œNMAโ€) regulates the management of manure generated from livestock as well as the application of manure and other fertilizer to fields in order to...

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Published on: 29 Oct 2018 By

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.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...

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Published on: 30 Oct 2019 By

Cap-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 โ€œobligedโ€ under the Environmental Bill of Rights to engage in public consultation prior to terminating the...

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Published on: 6 Apr 2020 By

Canada Emergency Response Benefit: a primer for employers

Please note that since this blog was published, there have been further changes made to the CERB program, summarized here. As such, this blog may no longer be fully updated/accurate. Most employers are aware that the Federal government has introduced wage subsidy programs, described in more detail by my colleague Jen Costin in her recent...

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Published on: 31 Jan 2019 By

Changes 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 (โ€œRegulationsโ€) was published on December 15, 2018 in the Canada Gazette. The goal of the proposed Regulations is to provide...

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Published on: 24 Mar 2014 By (Dianne Saxe)

Ontario Blue Box funding arbitration is public

Arbitrator Robert Armstrong has ruled that the Ontario Blue Box funding arbitration between municipalities and Stewardship Ontario is to be held in public: “This arbitration concerns a significant environmental protection program for the province of Ontario. It also concerns a potentially significant amount of taxpayer money. Every municipality with a population in excess of 5,000...

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Published on: 9 Jun 2014 By (Dianne Saxe)

Federal govt proposes new air pollution regulations

The federal government has proposed a major set of new air pollution regulations to reduce industrial-source air pollution, starting with performance standards for the cement sector and two equipment types: gaseous-fuel-fired non-utility boilers/ heaters and stationary spark-ignition gaseous-fuel-fired engines. The regulations would also achieve modest reductions in greenhouse gas emissions. According to the regulatory impact...

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