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Impact Assessment Act Headed for the Supreme Court of Canada?
Is the Supreme Court the next stop for Bill C-69 (Impact Assessment Act – IAA)? That seems to be the consensus following the Alberta Court of Appeal ruling that the federal government’s environmental impact law is unconstitutional. The IAA deals with how energy projects are reviewed (mines, dams, electrical lines, pipelines, etc…). It considers the impact of energy projects on the climate and social factors and increases public participation. It was introduced in 2019 to replace the Canadian Environmental Assessment Act and drew criticism...
read moreEnvironmental Violations in Nunavut and Saskatchewan
While the population of Canada is, for the most part, concentrated within 200 kilometers of the US border, many citizens live in remote areas including the three Territories (Northwest Territories, Nunavut, and Yukon). The challenges of life in these remote areas include a colder climate, higher cost of living, and difficulty in getting supplies to the citizens. Being in remote areas also means that you may not have access to natural gas or electricity for heating your home. According to the Canada Energy Regulator, “Almost all of...
read moreEnvironmental Enforcement Across Canada
Has or will environmental enforcement increase now that we are presumably past the COVID-19 pandemic? Based on discussions and casual observations, it appears some provinces may be increasing their enforcement efforts. The enforcement actions below, however, are all on the federal level and include enforcement in British Columbia, Manitoba, and Prince Edward Island. While it is not possible to avoid every mishap, the more proactive a company can be in self-assessing its overall environmental management and making corrections ahead of...
read moreAddressing PFAS in Canada
Per- and polyfluoroalkyl substances (PFAS) have been identified as a group of contaminants of concern around the globe. While used for decades in a variety of consumer and industrial products, in recent years there has been growing concern that this group of chemicals may pose risks to human health and the environment. What Are PFAS? PFAS are a group of manmade fluorinated compounds that have been widely used in commerce. Estimates with respect to the number of PFAS chemicals range from 4,000 to more than 9,000. PFAS have been used in a...
read moreNatural Resources Getting More Attention
There is a global focus on renewable energy and the natural resources needed for this energy. With the conflict in Europe, other natural resources, including oil and gas are also increasingly important. Canada is one of the richest natural resource nations and should be in a good position to meet this increased demand for natural resources. Global Natural Resources According to Mining Digital Magazine, Russia ranks first globally in natural resources (valued at $75 trillion in US dollars). Most already know that much of Europe is...
read moreEnvironmental Violations
Mishaps occur in life. When they happen in the environmental protection profession, there is usually a price to pay, in some cases a steep price. The profiles below involve one six-figure fine; the others are relatively early in the evaluation or hearing process. Six-Figure Fine A Nova Scotia mining company violated the federal Fisheries Act and will pay a six-figure fine as a result. According to the release from the Government of Canada, Atlantic Mining NS Inc. pleaded guilty in the Provincial Court of Nova Scotia to one count of...
read moreSignificant Changes Proposed to Canadian Environmental Protection Act
Significant changes to the Canadian Environmental Protection Act, 1999 (CEPA) have been introduced in the Senate Bill (S5), “Strengthening Environmental Protection for a Healthier Canada Act.” The Senate completed the first reading on February 9, 2022. What is CEPA? According to Environment and Climate Change Canada, “CEPA is Canada’s cornerstone federal environmental protection law that protects Canadians and the environment. Over the years, CEPA has been used to prevent plastic microbeads from entering our water, ban asbestos, and...
read moreGovernment Proposals to Reduce Methane from Landfills
As Canada seeks to reduce their Greenhouse Gas (GHG) Emissions, they are looking at various sources of GHGs, including methane from landfills. This focus on methane led to the release of two “measures” to address methane. The first measure is outlined in a document by Environment and Climate Change Canada (ECCC), “Landfill Methane Recovery and Destruction.” The draft document was available as of January (2022). Federal Offset Protocol According to the news release on January 29, 2022, from The Government of Canada, “The Government is...
read moreManaging Excess Soils in Ontario: Requirements for 2022
Some people were hoping that there might be a reprieve or delay on the next phase of Ontario’s Excess Soils Regulation (O. Reg. 406/19: On-Site and Excess Soil Management). However, as the New Year opened, the Resource Productivity & Recovery Authority (RPRA) announced that “From January 1, 2022, construction and development Project Leaders and Operators/Owners of soil Reuse Sites, and Residential Development Soil Depot sites must file notices about how they reuse and dispose of Excess Soil in compliance with Ontario’s Excess Soil...
read moreThe Complexity of Canada’s Plastics Ban
The national ban on single use plastics (i.e., plastics that will not be recycled) was supposed to have taken place in 2021. That did not happen, perhaps owed to the ongoing global battle with the pandemic. However, on December 21, 2021, the Minister of Environment and Climate Change and the Minister of Health announced draft regulations under the Canadian Environmental Protection Act, 1999 (CEPA) banning certain single-use plastics deemed to be harmful. What paved the way for the ban was the May 12, 2021, Final Order adding a Toxic...
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