“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…
View the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection PowersFeds publish proposed microbeads ban
The federal government will go ahead with a ban of microbeads in personal hygiene products. We wrote last summer about both the then-Conservative government’s announced intention to institute a ban as well as the problems to Canadian waterways posed by the presence of microbeads in per…
View the post titled Feds publish proposed microbeads banRegulatory tweak on export controls
The federal government has tweaked the regulations it uses, under the Canadian Environmental Protection Act (CEPA 1999), to control which polluting substances can be exported from Canada. The new rules reduce redundancy, and add in Canada’s obligations under the Stockholm Convention. The o…
View the post titled Regulatory tweak on export controlsWho pays when polluters can’t?
In theory, Canadians are pretty comfortable with the polluter pay principle, at least when it applies to other people. (We do not seem to feel the same way about carbon taxes.) In theory, the polluter-pay principle ensures that polluters, rather than the public or the immediate victims of po…
View the post titled Who pays when polluters can’t?$17,500 penalty for importing hazardous batteries without permit
Toxco Waste Management Ltd., of Trail, B.C., was ordered to pay $17,500 to the Environmental Damages Fund (EDF) by the Provincial Court of British Columbia after pleading guilty to importing waste lithium batteries exceeding the limit set out in its import permit. This action contravened the…
View the post titled $17,500 penalty for importing hazardous batteries without permitWhat's happened to federal enforcement?
In Getting Tough on Environmental Crime?, Ecojustice collates fragmentary, publicly available information to show the marked decline in federal environmental inspections and convictions since 2004.
View the post titled What's happened to federal enforcement?Congratulations to Environmental Commissioners
I am late in congratulating both the Ontario and the federal Environmental Commissioners for their invaluable annual reports, and will try to look more closely at their findings as time permits. The Ontario Commissioner emphasizes how much the Ontario Ministry of the Environment is doing wit…
View the post titled Congratulations to Environmental CommissionersEnvironmental Violations Administrative Monetary Penalties
The federal Environmental Violations Administrative Monetary Penalties Act is now in force. In June 2009, the federal government passed the Environmental Enforcement Act, to amend nine existing environmental statutes and to create the Environmental Violations Administrative Monetary Penaltie…
View the post titled Environmental Violations Administrative Monetary PenaltiesBPA- a toxic substance
Canada has just become the first country in the world to regulate bisphenol A(BPA) as a toxic substance, adopting a precautionary approach and recognizing that the compound may be harmful to human and environmental health.
View the post titled BPA- a toxic substanceEthanol in gasoline- should we celebrate?
The renewable fuels regulation is a better win for the agricultural lobby than it is for those concerned about climate change.
View the post titled Ethanol in gasoline- should we celebrate?Receive Blog Posts
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