I was recently reading an article, “Contaminated Site Update: Rough And Ready Allocation Of Liability” (Nicholas R. Hughes, McCarthy Tétrault, LLP), that discussed innocent-purchaser exemption under British Columbia’s (BC) Environmental Management Act (EMA). The article outlines the necessary actions a purchaser must take to qualify for the innocent-purchaser exemption, including conducting “all appropriate inquires.” The language in the EMA sounds very familiar. In many...
Read MoreGHG Cap and Trade: Details Continue to Emerge
With the Greenhouse Gas (GHG) Cap and Trade plan now a reality in Ontario, we are beginning to learn about some of the details. The recently released “Climate Change Action Plan” includes eight specific “action areas” that clearly indicate GHG Cap and Trade will affect virtually everyone in Ontario. The action areas are: Transportation Buildings and homes Land-use planning Industry and business Collaboration with Indigenous communities Research and development Government...
Read MoreDespite Calls for Change – GHG Cap and Trade is Here
The regulated community knew the Greenhouse Gas (GHG) regulation and associated Cap and Trade regulation were looming, but many hoped there would be more time, and even some moderation, in the regulations. Last fall, we discussed the developing regulatory issues as they relate to GHGs in Ontario (Ontario’s GHG Cap and Trade Program Takes Shape). We suggested then that this could be a “big deal” for the regulated community. In a May 12th letter from the Ontario Chamber of...
Read MoreNew Proposed Environmental Enforcement Tool
As you are likely aware by now, the Canadian federal government published proposed changes to the Environmental Violations Administrative Monetary Penalties Act (EVAMPA); see Canada Gazette, April 9, 2016. Currently, federal environmental officer’s enforcement tools include issuance of written warnings, tickets, compliance orders, or proceed with prosecution. However, under the proposed changes to EVAMPA, there is a new tool for federal environmental enforcement officers: ...
Read MoreCanada’s 2016 Budget and the Environment
Like many of you, I have been reviewing the Canadian 2016 Budget but focusing on how it might impact the “environmental world.” I focused my attention on reviewing Chapter 4 – A Clean Growth Economy. Much of the focus seems to be on somewhat esoteric issues, such as the “green economy” and the “low-carbon economy,” which are difficult to quantify, at least currently. Environmental Focus in Budget However, within Chapter 4 is “Securing a Cleaner, More Sustainable...
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