Canada 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 CooperationA Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35
On October 11, 2018, the Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 [Mikisew], in which the Court held that the Federal Government does not have a duty under s.35 of the Constitution Act, 1982 to consult Abo…
View the post titled A Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35Ontario Files Argument in Court Challenge of Federal Carbon Tax Act
On September 14, 2018, the government of Ontario filed a statement of particulars in the constitutional challenge of the federal government’s Greenhouse Gas Pollution Pricing Act filed on August 1, 2018. By Order in Council the Province set out the question to be addressed by the court as: “…
View the post titled Ontario Files Argument in Court Challenge of Federal Carbon Tax ActWas I right about air?
Was I right about air regulation 419/05? Ten years ago, the Ministry of the Environment asked for my opinion on the regulatory reform initiative that culminated in the new air regulation, O.Reg. 419/05. I wrote a column about it in the August/September 2001 issue of Hazardous Materials Manag…
View the post titled Was I right about air?Environmental appeals have to be done right
The Environmental Review Tribunal has reminded all potential appellants that they MUST correctly file their appeals, if they want their case to be heard. In Waterdown Gardens v MOE, a prolonged dispute between the Ministry and the company resulted in two separate orders suspending their cert…
View the post titled Environmental appeals have to be done rightWho pays for basement flooding?
It will likely be increasingly difficult for home and business owners to find anyone willing to pay for basement flooding. According to the insurers’ Institute for Catastrophic Loss Reduction, “basement flooding is one of the biggest challenges facing homeowners, municipal governments…
View the post titled Who pays for basement flooding?Extra time for Toxic Reduction plans?
The Ministry of the Environment plans to give Ontario industries an extra year to prepare their toxic substance reduction plans and plan summaries, under the Toxics Reduction Act 2009. Proposed amendments to O. Reg. 455/09 have been reposted for further comment; comments are invited until …
View the post titled Extra time for Toxic Reduction plans?Now can they make you talk?
Most of the “Open for Business Act” changes to Ontario environmental laws won’t take effect till next year or so. But one important change has already happened: they may be able to make you talk.
View the post titled Now can they make you talk?Hazardous 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 decisionA 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 sentenceReceive Blog Posts
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