Open for Business- new rules for approvals
Bill 68, the Open for Business Act, has received Royal Assent. Schedule 7 of the Act makes major changes to a range of Ministry of the Environment statutes. Most will be phased in over time. For example, the Environmental Protection Act has received major amendments. A new Permit by Rule ap…
View the post titled Open for Business- new rules for approvalsHazardous waste nonsuit decision
As mentioned last week, we won a rare non-suit motion in the Ontario Court of Justice on three counts, each against three defendants charged with improperly managing hazardous waste at a transfer site, contrary to the Environmental Protection Act. In each case, the Ministry of the Environme…
View the post titled Hazardous waste nonsuit decisionSuccessful nonsuits- hazardous waste
Successful non-suits of environmental prosecutions are rare. A non-suit is granted only when the Crown has failed to offer any evidence, no matter how manifestly unreliable, of the essential elements of the offences charged. I was therefore particularly pleased to achieve three non-suits o…
View the post titled Successful nonsuits- hazardous wasteA rare jail sentence
Jail is a possible penalty for many environmental offences (see s. 187 of the Environmental Protection Act), but is rarely imposed. It is usually reserved for those defiantly causing serious pollution. On September 1, 2010, Pierre Sleiman was sentenced to 90 days in jail and fined $5,000 plu…
View the post titled A rare jail sentenceOzone depleting substances update
The MOE is proposing to consolidate Ontario’s five ozone depleting substances regulations under the Environmental Protection Act, into one updated regulation.
View the post titled Ozone depleting substances updateGreenhouse gas reporting amendments
The Ontario Ministry of the Environment is seeking comments on proposed amendments to the Greenhouse Gas (GHG) Emissions Reporting Regulation (O. Reg. 452/09) and Guideline that would simplify the reporting requirements, align them with those in other Western Climate Initiative (WCI) jurisdi…
View the post titled Greenhouse gas reporting amendmentsInco to pay $36 million in Port Colborne class action
Inco has been ordered to pay $36 million to past and present property owners in Port Colborne, for lost property value due to historic nickel contamination. None of the contamination occurred after 1984, and Inco complied with all applicable laws during the operation of its refinery. Nevert…
View the post titled Inco to pay $36 million in Port Colborne class actionContaminated sites: which cleanup standards?
More stringent cleanup standards for contaminated sites will come into effect July 1, 2011, under 2009 amendments to Regulation 153/04. Some property owners with ongoing cleanups may prefer to use the old numbers, i.e. the “March 9, 2004 Soil, Ground Water and Sediment Standards” (“2004 sta…
View the post titled Contaminated sites: which cleanup standards?Off-shore wind turbines: new rules
Off-shore wind turbines will likely have the best winds, but they also involve complex tradeoffs different from those that apply on land. The Renewable Energy Approvals (REA) regulation (O. Reg. 359/09) under the Environmental Protection Act therefore contemplates a special approvals regime …
View the post titled Off-shore wind turbines: new rulesDrive Clean tweaked
Ontario’s vehicle emissions control program, Drive Clean, is getting a tuneup. Amendments to Ontario Regulation 361/98[i] (Motor Vehicles) under the Environmental Protection Act will modernize the Drive Clean program.[ii] By December 12, 2012, the Acceleration Simulation Mode (dynamometer) …
View the post titled Drive Clean tweakedReceive Blog Posts
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