3-month Jail Time for Illegally Trafficking Iguanas
An Ontario man was sentenced to three months jail in New Brunswick for illegally trafficking threatened iguanas. The individual, who is from Thornhill, Ontario, was sentenced in Fredericton Provincial Court to concurrently serve two three-month jail terms after pleading guilty to one count of importing an animal without necessary permits and one count of exporting...
Continue reading the post titled 3-month Jail Time for Illegally Trafficking IguanasIndividual and Construction Companies Fined $95,000 for Illegal Waste Disposal
On June 21, 2017, SNC-Lavalin Constructors (Pacific) Inc., Dragodos Canada Inc., and EllisDon Corporation pled guilty and were fined for: generating liquid industrial waste, permitting the waste to leave their control with a non-approved waste transportation contractor, and, failing to complete the required waste manifest. In addition to the finding of guilt of the corporate...
Continue reading the post titled Individual and Construction Companies Fined $95,000 for Illegal Waste DisposalObstruction Charge Results in 45 Days in Jail
On August 14, 2017, an individual operating an automotive and scrap metal business at a property situated along Haldimand Highway in Canfield was sentenced to 45 days in jail for obstructing Ministry of the Environment and Climate Change Provincial Officers (“Ministry Officers”) in the performance of their duties, contrary to the Environmental Protection Act. The...
Continue reading the post titled Obstruction Charge Results in 45 Days in Jail$105,000 Fine for Failing to Comply
On November 24, 2017, the sole Director and Chief Executive Officer of Copper Cliff Metals and Wrecking Corp. pled guilty to one offence under the Environmental Protection Act (EPA) for failing to comply with a Court Order. The corporation operated an approved waste disposal site in the Regional Municipality of Niagara. The Ministry of the...
Continue reading the post titled $105,000 Fine for Failing to ComplyEnvironmental Review Tribunal Clarifies Section 34(1) of OWRA
The Environmental Review Tribunal (“ERT”) recently released a decision clarifying the scope of section 34(1) of the Ontario Water Resources Act R.S.O. 1990, c. O.40, (“OWRA”). The City of Thunder Bay (“City”) in Thunder Bay (City) v. Ontario (Environment, Conservation and Parks), ERT no. 18-024 (“Thunder Bay”) brought a motion pursuant to an appeal by...
Continue reading the post titled Environmental Review Tribunal Clarifies Section 34(1) of OWRASuperior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated Land
The Superior Court of Justice recently granted a motion to dismiss a third party claim for professional negligence in a proceeding involving the purchase of a contaminated property that was subject to a remediation order registered on title (the “Contaminated Property”). CN Railway Company v. Crosslink Bridge Corp., 2018 ONSC 5475 (“CN Railway”) arose from...
Continue reading the post titled Superior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated LandDrive Clean fines
How much should false information cost? Ontario’s Drive Clean program is intended to reduce air pollution by requiring motor vehicles to meet emission standards. An ongoing problem with the program is false information provided by owners or mechanics; maintaining the integrity of the program requires that such false reports be punished. For example, on July...
Continue reading the post titled Drive Clean finesFirst Nation Wins Case re Pollution on Reserve
Aboriginal issues are increasingly important in all areas of Canadian law and environmental law is no exception. One area of conflict concerns environmentally hazardous activities carried out on reserves, without provincial environmental regulation. Equivalent federal rules are often weak and rarely enforced, and bands have been slow to perform environmental enforcement themselves. In Maracle versus...
Continue reading the post titled First Nation Wins Case re Pollution on ReserveCan anyone comply with O.Reg. 419/05?
Standard Development Branch's interpretation of O.Reg. 419/05 is making it difficult for responsible industries to obtain the air permits that they need to operate in Ontario.
Continue reading the post titled Can anyone comply with O.Reg. 419/05?National Energy Board and safety rules for construction near pipelines
The National Energy Board (NEB) is proposing changes to three regulations1 governing construction and excavation activities around NEB-regulated pipelines, two of which have not been updated since they came into effect in 1988. For context, according to Alberta’s Energy and Resources Conservation Board, construction damage was the third most common cause of pipeline failure in...
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