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Environmental Liability in Canada: Company Directors and Officers
In our April 7, 2026, blog, we included a report about a company and its directors that were fined $1 million for environmental violations. We have covered this trend of holding officers and directors personally responsible for environmental violations in previous blogs as well. Just over a dozen years ago, corporate officers at Northstar were held liable for the TCE (Trichloroethylene) plume in Cambridge, Ontario. In a 2013 blog, the law firm Suskinds wrote, “Ten corporate officers and directors have paid $4.75 million to be released...
read moreAn Overview of Ontario’s Excess Soil Landfill Restrictions
In October 2024, the Ontario Ministry of Environment, Conservation and Parks (MECP) announced they were delaying the final phase of the Excess Soil Regulation, the prohibition on landfilling certain soils, until January 1, 2027. That deadline is now just months away. The final phase of the Excess Soil Regulations, O. Reg. 406/19, will restrict most “clean” soils from being disposed of in landfills. For some companies, this may mean some additional planning will be necessary in anticipation of this deadline. Below is a summary of the...
read moreEnvironmental Compliance Tips and Insights
If you have a question about an environmental compliance issue or would like us to address a specific environmental compliance concern in the future, please contact Christopher Paré, P.Geo., Q.P., at 519-948-7300, ext. 114. Are you managing excess soil? See our summary: Excess Soil Regulation by Province Environmental Compliance Tips and Insights 2026 August: EASR or PTTW for Water Withdrawal When can I use an EASR rather than a PTTW for water withdrawal? The Environmental Activity and Sector Registry (EASR) can be used instead of a...
read moreThe Watch List
There has been a lot of attention focused on Canada’s Risk Management approach to per- and polyfluoroalkyl substances (PFAS), as well as the rise of PFAS Class Action Lawsuits. While PFAS will continue to be the environmental issue du jour for the foreseeable future, what will be the next significant environmental issue? While we don’t know what the next emerging contaminant might be, it could come from the new “Watch List.” The Watch List As you may recall, Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act,...
read moreNatural Resources: Development and Environmental Compliance
There has been a significant push to develop Canada’s abundant natural resources in recent years. As we covered in our October 31, 2025, blog, one of the Key Measures of Ontario’s Bill 5 is to “Accelerate mining development in every part of the province.” In our January 13, 2026, blog, we covered the News Release from the Ontario Government regarding the One Project, One Process, One Decision model. The agreement between the provincial and federal governments is intended to “build infrastructure faster and unlock resource development...
read moreCanada’s Risk Assessment Framework for Nanomaterials
Potential human health and environmental risks evolve as our various technological developments also grow and change. One of those newer technologies is the use of engineered nanomaterials. While natural nanomaterials have been present since our planet was formed (volcanic emissions, sea spray, etc.), engineered nanomaterials are relatively new. In 1959, the physicist Richard Feynman laid the scientific foundations for the nanomaterial revolution (Source: EUON). Nanotechnology Growth and Applications According to Fortune Business...
read moreProposed Amendments to Extended Producer Responsibility
On April 2, 2026, the Ontario Ministry of Environment, Conservation and Parks (MECP) proposed several amendments to the Extended Producer Responsibility (EPR) regulations. The EPR is part of the Circular Economy, which makes producers responsible for their products at the end of their life. The EPR regulations are implemented under the Resource Recovery and Circular Economy Act, 2016 (RRCEA). Specifically, the MECP is seeking feedback on proposed changes to the following regulations: The Tires Regulation (Reg. 225/18) The Hazardous and...
read moreAre You Prepared for these Toxic Substance Prohibitions?
As we mentioned in our April Environmental Compliance Tip, on June 30, 2026, Canada will enact new prohibitions under the Prohibition of Certain Toxic Substances Regulations, 2012. While at first glance, the list of substances may not look familiar, these substances may be in products that you are currently using. 2025 Toxic Substance Prohibitions The updated Prohibition of Certain Toxic Substances Regulations, 2025, will prohibit the manufacture, use, sale, and import of certain toxic substances (including PFAS) and products containing...
read moreCompany and Directors Fined, Decades-Long Release Reported
As we pointed out in our recent blog post, a second cosmetics company was fined for using per- and polyfluoroalkyl substances (PFAS) in its consumer products. While PFAS regulations continue to develop, as well as risks associated with PFAS, traditional enforcement actions have been in the news. Below, we look at some environmental enforcement actions that include individuals being fined, as well as a decades-long release. Company and Directors Fined A “numbered company” (11705580 Canada Inc.) and its directors were fined in excess of...
read moreThe Elevated PFAS Liability in Canada
The regulatory framework for per- and polyfluoroalkyl substances (PFAS) continues to develop on the federal level and, to a lesser extent, on the provincial level. As you may recall, there have been two recent enforcement actions against cosmetic companies for the use of PFAS in their products. Developing more quickly is litigation, including many class action lawsuits involving PFAS. Significant Proposed or Pending Class Actions Involving PFAS In 2024, the British Columbia government filed a proposed national class action in the Supreme...
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