Just last week we mentioned developments on the federal level that the regulated community is monitoring (see Supreme Court of Canada Considers Environmental Liability Case). This isn’t the only federal legislative activity that is being considered and getting attention from many groups across Canada. The recent proposed legislation was “pledged” in the 2015 election campaign. Specifically, Prime Minister Justin Trudeau is “undoing” several legislative changes from the...
Read MoreSupreme Court of Canada Considers Environmental Liability Case
Several years ago, my colleague and I wrote an article with respect to how the Ontario Ministry of the Environment and Climate Change (MOECC) viewed environmental liability in an incident in Kawartha Lakes. We were certainly not the only one to express concern about this case. There is another environmental liability case that is getting plenty of attention. The case, which has been forwarded to the Supreme Court of Canada, is a relatively-small bankruptcy case in...
Read MoreEnvironmental Enforcement News Focused on Water Impairment
Environmental compliance is never a “done deal.” We must be diligent about ongoing obligations as well as potential and actual regulatory changes. The unfortunate consequence of non-compliance can, at times, lead to enforcement activity. And in the first couple of months of 2018, we have seen several enforcement cases (Provincial and Federal) reach a conclusion. Here is a look at some of the enforcement activity thus far in 2018. Discharge to Water Leads to...
Read MoreSoil and Groundwater Assessment in Ontario and an Updated Option for Site Closures
Buying and selling commercial/industrial property in Ontario will typically include some level of environmental site assessment. When this assessment identifies a contaminant above the Ontario Ministry of Environment and Climate Change (MOECC) Site Condition Standards, the solutions can get complicated, and expensive at times. An improved “tool” recently modified by the MOECC may be helpful at sites where “additional work” is required to complete the environmental...
Read MorePotential Changes to the Canadian Environmental Protection Act
In 2017, we saw several changes to environmental protection at the provincial level. Just last month, we discussed some of the changes at the Ontario Ministry of Environment and Climate Change. Last fall, we shared the Environmental Commissioner of Ontario’s report with their suggested changes. However, change isn’t confined to the province. The Canadian Environmental Protection Act (CEPA) may also be undergoing changes of its own. Reporting under CEPA includes the...
Read MoreReorganization at the Ministry of Environment and Climate Change
On January 12th, we shared the report from the Office of Auditor General of Ontario that stated the Ministry of Environment and Climate Change (MOECC) environmental approval program was, “…not effectively managing the risks to the environment and human health from polluting activities.” In that same report, there were several recommendation made to the MOECC. Last month we shared the Environmental Commissioner of Ontario’s Report in which additional recommendations were...
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