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Environmental Enforcement Across Canada
Enforcement of environmental laws can result in penalties and fines ranging from a few-thousand dollars up to seven figures or more. In 2020, Volkswagen paid a $196.5 million fine for the class action settlement in what became known as “dieselgate” or “emissionsgate.” This was on top of the agreement to provide benefits and buyback options to Canadian consumers of the non-compliant vehicles up to a maximum of nearly $2.4 billion Regardless of the amount of the fine, enforcement can be aggravating for the companies on the receiving end of...
read moreAmendments to Ontario’s Excess Soil Regulations
The next phase of Ontario’s excess soils regulations is set to take effect on January 1, 2025, (limiting soils that may be landfilled). Ahead of this deadline, there are (additional) proposed amendments to Ontario Regulation 406/19. You may recall that in January 2022, contractors were scrambling to comply with the more stringent soil management requirements. By April 21, 2022, these new requirements were officially paused by the Ministry of Environment, Conservation and Parks (MECP). This temporary pause was followed by a November 4,...
read moreThe Federal Government Announces Framework to “Modernize” CEPA
On October 2, 2024, Steven Guilbeault, Ministry of Environment and Climate Change Canada (ECCC) and Mark Holland, Minister of Health Canada (HC) announced a framework to “protect the right to a healthy environment through the modernization and administration of the Canadian Environmental Protection Act” (CEPA). In the announcement, they state that the public will have an opportunity to comment on several initiatives including the following: A Draft Implementation Framework on the Right to a Healthy Environment under the Canadian...
read moreSix-Figure Environmental Fines in the News
While issues such as per- and polyfluoroalkyl substances and managing excess soils are often the topic of discussions at conferences and meetings, it’s still “routine” environmental compliance issues that get the attention of the public, as well as provincial and federal regulators. Below we provide some recent environmental enforcement news, all of which are six-figure fines. Six-Figure Recycling Violation On July 1, 2023, the Blue Box program under the Ontario Resource Productivity and Recovery Authority (RPRA) was modified. This change...
read moreProhibition on Landfilling Most Excess Soils in Ontario Set to Take Effect
The implementation of the excess soil regulations will reach the final phase of the multi-year rollout on January 1, 2025. This may be the most challenging phase of the provincial regulation of excess soils. Ontario’s Excess Soil Restrictions for Landfills According to the Ministry of Environmental Conservation and Parks (MECP), excess soil that is suitable for reuse should be viewed as a resource and not disposed as a waste. The excess soil regulation restricts “cleaner quality excess soil from filling up valuable landfill space, as of...
read moreMandatory PFAS Reporting Rule
On July 27, 2024, The Canada Gazette issued a “Notice with respect to certain per- and polyfluoroalkyl substances (PFAS).” The notice requires regulated companies who manufactured, imported, or used prescribed quantities of listed types of PFAS in Canada to report by January 29, 2025. Failure to meet the deadline can result in fines of up to $500,000 for the first offence and $1,000,000 for subsequent offences. Mandatory PFAS Reporting: Who Has to Report? In the Guidance Manual provided by Environment and Climate Change Canada and Health...
read moreHealth Canada: Objective for PFAS in Drinking Water
On August 9, 2024, Health Canada released the updated objectives for per- and polyfluoroalkyl substances (PFAS) in drinking water. In this document, Health Canada states, “The objective for PFAS in drinking water represents a precautionary group-based approach. The objective value of 30 ng/L (for the sum total of 25 specific PFAS) was established to reduce exposure to PFAS in drinking water. Where PFAS are detected in drinking water, the management of health risks and communication of the issue, as well as treatment options (if required)...
read moreThe Federal Plastics Registry and Legal Appeal of Plastics as CEPA Toxic Substance
Federal and provincial environmental regulatory developments can at times, be overwhelming and confusing. Recently, the issue of managing and eliminating certain plastics has morphed into one issue. They are separate issues and it is important to keep track of these developments. Federal Plastics Registry As we noted in our April 30, 2024, blog, Environment and Climate Change Canada (ECCC) issued a notice that they were implementing a comprehensive plan to “reduce plastic pollution” aka, the Federal Plastics Registry. In that blog, we...
read moreUpdate on the Regulation of PFAS and Environmental Justice Becomes Law
Below are two brief updates on topics we have previously covered in our blogs; per- and polyfluoroalkyl substance (PFAS) and Environmental Justice. Updated PFAS Report In July 2024, Environment and Climate Change Canada (ECCC) issued the, “Updated draft state of per- and polyfluoroalkyl substances (PFAS) report.” While there are not specific criteria in the new document, ECCC did provide more direction with respect to the approach to regulating PFAS. From the Executive Summary, “…it is proposed to conclude that the class of PFAS, excluding...
read moreBill C-59: The Liability of Sustainability Claims
In our November 9, 2023, blog, we discussed how Environmental, Social, and Governance (ESG), sustainability, etc… are affecting companies. We also discussed Canada’s Competition Bureau’s investigation into sustainability claims by Keurig Canada regarding the recyclability of its single-use coffee pods calling them “false or misleading…” This led to a $3 million dollar fine. Proclamations about sustainability efforts are commonplace. However, these proclamations increasingly carry a risk of being labeled as “greenwashing,” especially with...
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