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Historical Contamination, Responsible Parties, and Lessons
You may have followed the Albert Bloom Limited v. London Transit Commission, 2021 ONCA 74 (CanLII) case earlier this year. It was a fairly small settlement but it was a complicated case involving several parties over decades and centered on trichloroethylene (TCE) contamination that occurred in the 1940s. The lessons from the case (that is summarized below), are about being proactive when you are provided evidence of contamination emanating from your property. Additionally, some lawyers point to the importance of due diligence when...
read moreOntario Government Broke the Law
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 EBR. More specifically, as reported by the CBC was the failure “… to...
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 decided to flood land as a potential storage area for a large...
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 Domtar’s wood waste site near Chapleau have leached into the soil and...
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 firefighting foam) for decades. They are ubiquitous throughout the...
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, prevent, and address odour issues. Updating the ministry’s...
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 products, including paints, pesticides, solvents, oil filters, oil...
read moreUpdates on PFAS in Canada, Regulating Plastics, and a Diamond Mine Fine
An update to our May 3rd blog where we discussed per- and polyfluoroalkyl substances (PFAS) and a recent report of a release. In that blog, we shared news about a PFAS release. From our May 3rd blog, “Here is what we know about the site impacted by PFAS. Nine properties have been provided bottled water for cooking and drinking as the Department of National Defence addresses the presence PFAS substances near 22 Wing/Canadian Forces Base North Bay.” We also stated that PFAS in Canada was not as prominent of an environmental issue as it has...
read morePlastic Manufactured Items are Now Toxic Under CEPA
Certain plastic-manufactured items in Canada are now considered a toxic substance under Schedule 1 of the Canadian Environmental Protection Act (CEPA). For environmental groups this is a victory. For industry groups it is a point of frustration. Plastics have proven to be incredibly useful across industries for decades. They reduce weight in cars (increasing gas mileage), protect and preserve foods, and make packing lighter for transportation, they are used in electronics from televisions to computers and cell phones, and protect athletes...
read moreManaging Excess Soils at Aggregates and Quarries in Ontario
Funded, but not endorsed by the Ministry of the Environment Conservation and Parks (MECP), was a recent report “Best Management Practices for Aggregate Pit and Quarry Rehabilitation in Ontario.” The document was developed in March 2021 by the Ontario Society of Professional Engineers. BMP for Excess Soils The purpose of the document is stated as “The BMPs are intended to assist Qualified Persons (QPs), municipalities, aggregate licensees, and operators in evaluating options for using excess soils to rehabilitate pits and quarries in a safe,...
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