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Soil 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 assessment. Ontario Brownfields and Other “Impacted” Sites First, some...
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 annual reporting for National Pollutant Release Inventory (NPRI) and...
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 offered to the MOECC. Did these reports have any influence on the...
read morePFAS: An Emerging Environmental Contaminant
It was about a year ago when we mentioned the emerging regulatory concern related to a particular class of persistent organic chemicals: Polybrominated Diphenyl Esters (PBDEs) (see PBDE: An Emerging Environmental Regulatory Concern?). There is another group of persistent organic chemicals that have been making news, not just in Canada, but across North America and elsewhere. Per- and polyfluoroalkyl substances (PFAS) are a group of chemicals that includes Perfluorooctanoic acid (PFOA) and Perfluorooctane Sulfonate (PFOS). Public health and...
read moreEnvironmental Commissioner of Ontario’s Report
On October 24, 2017, the Ontario Environmental Commissioner, Dianne Sax, released her 2017 Environmental Protection Report entitled, Good Choices, Bad Choices: Environmental Rights and Environmental Protection in Ontario, to the Ontario Legislature. According to the Environmental Commissioner of Ontario’s (ECO) website, the commissioner is an independent “environmental watchdog” appointed by an all-party committee. The ECO’s lengthy report includes 8 Chapters. The report covers everything from phosphorus runoff concerns to Environmental Bill...
read moreAssessing and Understanding Health and Environmental Risks
Is “it” regulated and/or is “it” an environmental contaminant of concern? That depends. It depends because the regulation of chemicals, as well as exposure pathways, change. In some cases, change is quick and by a lot. So the answer to that question will depend on when you ask. The changing regulatory landscape is one of many challenges for those managing environmental risks. Below are some updates on a couple of chemicals/groups (phthalates/BENPAT [1,4-Benzenediamine, N,N’-mixed Phenyl and tolyl derivatives]) recently assessed....
read moreSix-Figure Fine for Stormwater Violations
Earlier this year, the Ontario Ministry of Environment and Climate Change (MOECC) fined a subcontractor $600,000 for the discharge of “sediment-laden water” into nearby streams, for not reporting the discharge, and for failing to employ the best management practices. According to the news release, a stormwater and erosion prevention plan was submitted for review and approved by the MOECC. It is noteworthy that the main contractor was exonerated because it was specifically outlined in the contract that the subcontractor was responsible for...
read moreChemicals Management Plan Update
In the eighth issue of the Chemicals Management Plan (CMP) Progress report, Environment and Climate Change Canada (ECCC), along with Health Canada, provided their half-year update on the assessment of chemical substances. The 11-page document provides a more-detailed look at the evaluation process, including microbeads, which we have discussed in the past. Below are a couple of notable new updates to the CMP. Asbestos What’s the latest regarding asbestos prohibition? “The government expects to publish proposed regulations prohibiting the...
read moreThe Duty to Consult
In Duty to consult with Aboriginal peoples of Ontario, the Provincial Government of Ontario states that, “Ontario, as the Crown, has a legal obligation to consult with Aboriginal peoples where it contemplates decisions or actions that may adversely impact asserted or established Aboriginal or treaty rights. Ontario is committed to meeting its duty to consult with First Nations and Métis communities.” This consultation, according to a July 14, 2017, Ontario Divisional Court Ruling, did not happen as it relates to a limestone quarry on the...
read moreLocal Control of Environmental Remediation
The more proximate you are to a problem, the more you are vested in finding a solution, quickly. While this may seem obvious, this hasn’t, in general, been applied to environmental remediation of impacted sites. For example, environmental issues at abandoned industrial sites or old historical federal sites are typically addressed by the federal or provincial governments. While they are likely well intentioned in their efforts, the outcome, or rate of the outcome, does not usually impact them directly. Calgary Wants More Control over Sites...
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