In our February 8, 2023 blog, we discussed the growing environmental regulatory and enforcement activity in Canada. Based on recent activity, this regulatory pressure is continuing to mount for businesses. Increased Regulation for Chemical Industry In a July 27, 2023 article in Coatings World, J. Gary LeRoux, President and CEO of Canadian Paint and Coatings Association outlined the increased regulation of the Chemical, Adhesive, Sealants, and Elastomer (CASE) industry....
Read MoreRecent Environmental Enforcement News
Environmental enforcement actions can often be costly for companies especially as six-figure fines are becoming more commonplace. Increasingly, enforcement has the potential to affect a wide-range of industries as is evident in some of the environmental enforcement cases outlined below. Cat Litter Company Fines and Penalties Approach Six Figures According to the Ontario Ministry of Environment, Conservation and Parks (MECP), Normerica, Inc. (manufacturer of cat litter)...
Read MoreCEPA is Amended: The Right to a Healthy Environment and Tougher Chemical Management
Bill S-5, Strengthening Environmental Protection Act for a Healthier Canada Act, has received Royal Assent. This Bill amends the Canadian Environmental Protection Act (CEPA). The amendments update the Canadian law (established in 1999) in two significant ways. First, it recognizes that all Canadians have a right to a healthy environment and second, it amends the assessment of toxic chemicals. Right to a Healthy Environment Similar to some provincial legislation such as...
Read MoreRegulatory Challenges to Green Energy and the Global Cost of Green Energy
In a letter titled, “Canada’s future is unbuilt,” a somewhat unusual coalition of business, Indigenous, labour, environmental, and policy groups expressed concern about the regulatory climate in Canada. The letter begins by acknowledging the federal government’s “ambitious targets” for emissions reduction by 2030 and the goal to be net zero by 2050. They state, “The reality is that to meet these targets, we need to invest in technology and infrastructure at a scale and...
Read MoreClass of PFAS to be listed as Toxic Substances
As information and data continue to develop regarding per- and polyfluoroalkyl substances (PFAS), regulations are beginning to take shape. Recent reports by Environment and Climate Change Canada and Canada Health are making it clear that PFAS are found throughout the country and pose potential human health and environmental risk. As a result of this report, PFAS appear to be headed to the list of Toxic Substances, Schedule 1 of the Canadian Environmental Protection Act...
Read MoreEnvironmental Justice Legislation
Legislation to enact Environmental Justice is moving forward. The concept of Environmental Justice or “EJ,” has been gaining momentum for several years. EJ in the United States Over the past two years, our neighbours in the United States have heavily integrated EJ into nearly every federal government agency. In the US, EJ originated in a 1994 Executive Order under President, Bill Clinton. Bill C-226 – Environmental Justice EJ is being advanced in Bill C-226, “An Act...
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