On September 3, 2021, The Ontario Divisional Court ruled that the Ontario Government broke the law when it failed to consult with the public as required under the Environmental Bill of Rights (EBR). See Greenpeace Canada (2471256 Canada Inc.) v. Ontario (Minister of the Environment, Conservation and Parks), 2021 ONSC 4521 (CanLII). Bill 197 The issue is the passage of Bill 197, COVID-19 Economic Recovery Act (CERA), 2020 without public consultation as required under the...
Read MoreSupreme Court of Canada Sides with First Nations
We recently discussed an environmental dispute between Domtar and a First Nations Community that may be headed to court. Another First Nations dispute settled recently in the Nation’s highest court, the Supreme Court of Canada. While the case is not what I thought at first glance (excess water), it is an interesting “history lesson” nonetheless. The Lac Seul First Nation Land Flooded The issue dates back to the 1920s when Canada and the provinces of Manitoba and Ontario...
Read MoreIndigenous Community Prepares for Legal Action
Michipicoten First Nation and Domtar are at odds over an environmental matter that reportedly is affecting the First Nation Community. Michipicoten Preparing for Legal Action against Domtar According to a CBC Report, “An Indigenous community in northern Ontario says it’s preparing legal action against pulp and paper producer Domtar, alleging the company isn’t cleaning up contamination.” The CBC report says that the Michipicoten First Nation is alleging substances from...
Read More“Huge” PFAS Agreement in Ontario
In our May 3, 2021 blog (“PFAS Contamination and Release to Lake Ontario”), we briefly reported on the PFAS contamination from a Department of National Defence (DND) site in North Bay, Ontario. Now, according to North Bay Councillor, Chris Mayne, the City of North Bay and the DND have reached a “huge agreement.” Background Per- and polyfluoroalkyl substances (PFAS) are a group of more than 9,000 chemicals that have been used in consumer and industrial products (including...
Read MoreMinistry of Environment, Conservation, and Parks Proposing Four New Initiatives
The Ministry of Environment, Conservation, and Parks (MECP) is proposing four new initiatives. According to the MECP these initiatives include: Providing better tools and creating clear and consistent guidelines for municipalities that they may use to make land-use planning decisions that will reduce noise and odour impacts from industry. Proposing guidance on how industrial facilities, development proponents, and other members of the regulated community can anticipate,...
Read MoreHazardous and Special Products Regulation Comes into Force on July 1st
The current Ontario Municipal Hazardous or Special Waste (MHSW) Program (2008) is scheduled to come to an end. Replacing it (July 1, 2021) will be the Hazardous and Special Products regulation (under the Resource Recovery and Circular Economy Act, 2016 [RRCEA]). Products Affected by the Regulation According to the Environmental Registry of Ontario, “We have finalized the Hazardous and Special Products (HSP) regulation that will make producers of hazardous and special...
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