Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional
UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Re…
View the post titled Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies OptionalCanada and China Sign Memorandum of Understanding Regarding Climate Change Cooperation
On November 1, 2018, at the United Nations Ministerial Dialogue on the Environment and the Ministerial Dialogue on Climate Change, Minister of Environment and Climate Change, Catherine McKenna, and the Minister of Ecology and Environment of the People’s Republic of China, Li Ganjie, signed a…
View the post titled Canada and China Sign Memorandum of Understanding Regarding Climate Change CooperationPriestly Demolition fined $70,000 for Spill and Failure to Report
The defendant, Priestly Demolition Inc. caused chlorine gas to be discharged into the environment when an employee operating a magnetic grapple attempted to move old pressurized gas cylinders. During the move, a valve snapped releasing the gas. The employee experienced a burning sensation an…
View the post titled Priestly Demolition fined $70,000 for Spill and Failure to ReportShell fined $500,000, pays $200,000 to First Nation following 2013 spill
In case you missed it, nearly 3 years following the event, Shell Canada Ltd has been sentenced for a spill of “flare knock-out liquids” at a Sarnia-area refinery. The January 2013 spill affected members of the nearby Aamjiwnaang First Nation, who experienced a variety of adverse health effec…
View the post titled Shell fined $500,000, pays $200,000 to First Nation following 2013 spillRecords of Site Condition – common problems
Records of Site Condition are the regulatory documents used in Ontario to confirm whether a potentially or actually contaminated site meets acceptable standards for a particular land-use, under the Environmental Protection Act and O.Reg. 153/04. The Ministry of Environment and Climate Change…
View the post titled Records of Site Condition – common problemsPurchaser of contaminated site loses case against own lawyer
Mr. Yang was satisfied with the extent of his knowledge about the environmental condition of the property, and, notwithstanding the advice of his counsel, was unwilling to conduct any further investigations
View the post titled Purchaser of contaminated site loses case against own lawyerCarnival Shut Down for Air Pollution Health Hazard
In August 2012, the Health Services Appeal and Review Board (HSARB), for the first time ever, held air pollution (aside from second hand smoke) to be a “health hazard” under Ontario’s Health Protection and Promotion Act (HPPA). Air Pollution Health Hazard Under section 13(1) of the Act, a pu…
View the post titled Carnival Shut Down for Air Pollution Health HazardFinancial Assurance for contaminated sites
It should no longer be a surprise for a CPU, based on active risk management measures, to include at least a modest amount of financial assurance.
View the post titled Financial Assurance for contaminated sitesFollow Up on Seller's Environmental Assessment Reports
Last month we blogged about a case out of Newfoundland in which a buyer’s negligence lawsuit against a seller’s environmental consultant was tossed out because the buyer had no right to rely on the environmental assessment report issued by the consultant for the seller. That arti…
View the post titled Follow Up on Seller's Environmental Assessment ReportsBuyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a r…
View the post titled Buyer can't rely on Seller's Environmental ReportsReceive Blog Posts
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