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Published on: 11 Feb 2016 By

Feds publish proposed microbeads ban

The federal governmentย will go ahead with a ban of microbeads in personal hygiene products. We wrote lastย summer about both the then-Conservative government’s announced intention toย institute a banย as well as the problems to Canadian waterways posed by the presence of microbeads in personal care products such as face wash, toothpaste,ย and soap. The Federal government ย has now...

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Published on: 4 Feb 2016 By

Further wind litigation in the Oak Ridges Moraine: Part II

Recently, the Environmental Review Tribunal (the โ€œTribunalโ€) allowed in part the appeal of a Renewable Energy Approval (โ€œREAโ€) approving the construction of a wind turbine facility in the Oak Ridges Moraine Area in the City of Kawartha Lakes (the โ€œProjectโ€). The Tribunal concluded that, with respect to harm to the woodlands, neither the compensation nor...

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Published on: 3 May 2016 By

Another Conviction under the Migratory Birds Convention Act

The Migratory Birds Convention Act, 1994 (MBCA) is again being used as a tool to protect migratory birds that are also species at risk. In early April, Bergedac Ltรฉe, and a shareholder and employee of the company, were convicted and fined a total of $12,000 for violating Migratory Birds Convention Act, 1994 for the destruction...

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Published on: 8 Feb 2016 By

PMRA intends to end conditional registration of pesticides

Health Canada recently announced that as of June 1, 2016, it intends to end the federal practice of granting conditional registrations of for pesticides. Under the Pest Control Products Act, SC 2002 c28, (“PCPA”), Health Canadaโ€™s Pest Management Regulatory Agency (โ€œPMRAโ€) is tasked with evaluating prospective pest control products for entry into, and ongoing use...

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Published on: 2 Feb 2016 By

Further wind litigation and the Oak Ridges Moraine: Part I

Another appeal of a Renewable Energy Approval (โ€œREAโ€) for a wind turbine project has made its way to, and been refused by, the Environmental Review Tribunal (โ€œERTโ€). The appeal in SR Opposition Corp v Director, Ministry of the Environment and Climate Change, 2015 CanLII 86926 (ON ERT) concerned the construction and operation of a Class...

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Published on: 9 May 2016 By

Making the environmental grade: Ontario leads while Canada lags

A recent report published by the Conference Board of Canada has found Ontario to be the top environmental performing province in the country based on 9 criteria. But in the larger scheme of things, the same report found that the environmental record of Canada as a whole is woefully lacking compared to that of its...

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Published on: 3 Jun 2016 By

New Trails Legislation Introduced in Ontario

Just in time for the upcoming summer holiday season, Ontario has passed new legislation designed to improve and protect the provinceโ€™s trails system. The new act, the Supporting Ontarioโ€™s Trails Act, 2016, act introduces a new piece of legislation, the Ontario Trails Act, 2016. The Ontario Trails Act, 2016 aims to (s. 1): To increase...

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Published on: 22 Jan 2016 By

Methane catastrophe in California: implications for cap and trade

Southern California is, at this very moment, in the throes of what is potentiallyย the most prolific gas leak to have ever occurred. The disaster–a methane leakย at a natural gas storage facility in Porter Ranch, California–has yet to galvanize the kind of media and popular attention that attended the Deepwater Horizon disaster in 2010. However, particularly...

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Published on: 15 Jun 2016 By

Court confirms PMRAโ€™s duty to conduct special reviews of pesticides

A recent decision out of the Federal Court has confirmed the federal Pest Management Regulatory Agencyโ€™s (โ€œPMRAโ€) duty to conduct special reviews. More specifically, the PMRA must conduct special reviews of any pest control product containing a special ingredient banned for environmental or human health reasons in another member country of the Organisation for Economic...

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Published on: 15 Nov 2018 By

Environmental Bill of Rights โ€œLeave to Appealโ€ Test Remains a Significant Hurdle to ECA Appeals

The Environmental Review Tribunal (โ€œERTโ€ or โ€œTribunalโ€) released a decision in Freshway Investments Inc. v. Ontario (MECP) on November 5, 2018 denying an application for leave to appeal an Environmental Compliance Approval (โ€œECAโ€) for a Waste Disposal Site in York Region, Ontario (the โ€œSiteโ€). This decision confirms once again that while the Environmental Bill of...

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