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MOECC Seeking Feedback on Ontario’s Environmental Bill of Rights
The Ministry of Environment and Climate Change (MOECC) wants your comments. Specifically, they want your comments (by November 8, 2016) regarding the Ontario Environmental Bill of Rights (EBR). Ontario’s EBR (1993) protects the environment by, “…ensuring that the public is informed, engaged, and consulted on matters of environmental significance.” The MOECC is reviewing components of the EBR and is seeking public feedback. Comments on the Environmental Bill of Rights Some have already weighed in on this request for comments. For example,...
read moreVapour Intrusion Update
Understanding the vapour intrusion (VI) pathway and exposure is still a relatively “young issue” in the environmental sciences. Not only is it new-ish, it is also loaded with potential pitfalls, liability, and controversy. One of the reasons that VI receives so much attention is because, unlike dermal exposure, for example, chemicals typically enter the bloodstream more easily through inhalation. Furthermore, the chemicals that are associated with VI (TCE, benzene) are fairly pervasive. Vapour Intrusion in Ontario and other Jurisdictions...
read moreEnvironmental Violations and Fines in Ontario
While we haven’t gathered long-term data or plotted any trends as it relates to environmental enforcement in the Province of Ontario, there seems to be an uptick in enforcement news. The fines are not like we saw earlier this year following an explosion or at the seven-figure level that my colleagues in our US office have seen (see our July 13th blog for our US office); however, any environmental enforcement is “bad news” and can create some public relation challenges. With that said, here are some observations regarding enforcement in...
read moreOntario GHG Program: Potential Resources for Regulated Community
In our blogs, GHG Cap and Trade: Details Continue to Emerge and Despite Calls for Change – GHG Cap and Trade is Here, we provided some of the details about who is regulated by the approaching (Ontario) Greenhouse Gas Cap and Trade Program. We wanted to provide some additional resources for small and medium size companies who may be hustling to assess the applicability and may be looking for resources. The information below is from the SMART Green funding program. Thanks to Stephanie McCallum, Government Liaison, Canadian Association for...
read moreAir Emission Standards: A New “First” in Canada
There is an undeniable environmental regulatory trend in Canada … that trend is an increased focus on air-quality issues. In May of this year, Ontario announced the implementation of the greenhouse gas Cap and Trade Program. This regulation has many companies considering whether they will be regulated beginning in January 2017 and if they need to register for cap and trade by November of this year. You may recall that it was about a year ago when Ontario’s Ministry of Environment and Climate Change proposed (and later established) the Air...
read moreEnvironmental Site Assessment in Ontario: Liability Protection is Still a Question
I was recently reading an article, “Contaminated Site Update: Rough And Ready Allocation Of Liability” (Nicholas R. Hughes, McCarthy Tétrault, LLP), that discussed innocent-purchaser exemption under British Columbia’s (BC) Environmental Management Act (EMA). The article outlines the necessary actions a purchaser must take to qualify for the innocent-purchaser exemption, including conducting “all appropriate inquires.” The language in the EMA sounds very familiar. In many ways, it mirrors language in the United States Comprehensive...
read moreGHG Cap and Trade: Details Continue to Emerge
With the Greenhouse Gas (GHG) Cap and Trade plan now a reality in Ontario, we are beginning to learn about some of the details. The recently released “Climate Change Action Plan” includes eight specific “action areas” that clearly indicate GHG Cap and Trade will affect virtually everyone in Ontario. The action areas are: Transportation Buildings and homes Land-use planning Industry and business Collaboration with Indigenous communities Research and development Government Agriculture, forest, and lands The reduction goals are ambitious. ...
read moreChemicals Management Plan Update
The regulated community has been seemingly overwhelmed with news of environmental regulatory changes of late. Last month we shared with you the new cap-and-trade regulations (for Ontario) and the associated deadlines. Now we turn our attention to the third phase of the Chemicals Management Plan (CMP). It was about a year and a half ago, the fall of 2014, when my colleague, Christopher Paré, mentioned that the third phase of the CMP would run from 2016-2020 (CMP Phase 1 was launched in 2006 and Phase 2 was launched in 2011). Chris also...
read moreDespite Calls for Change – GHG Cap and Trade is Here
The regulated community knew the Greenhouse Gas (GHG) regulation and associated Cap and Trade regulation were looming, but many hoped there would be more time, and even some moderation, in the regulations. Last fall, we discussed the developing regulatory issues as they relate to GHGs in Ontario (Ontario’s GHG Cap and Trade Program Takes Shape). We suggested then that this could be a “big deal” for the regulated community. In a May 12th letter from the Ontario Chamber of Commerce sent to Glen Murray, (Ministry of Environment and Climate...
read moreNew Proposed Environmental Enforcement Tool
As you are likely aware by now, the Canadian federal government published proposed changes to the Environmental Violations Administrative Monetary Penalties Act (EVAMPA); see Canada Gazette, April 9, 2016. Currently, federal environmental officer’s enforcement tools include issuance of written warnings, tickets, compliance orders, or proceed with prosecution. However, under the proposed changes to EVAMPA, there is a new tool for federal environmental enforcement officers: the use of Administrative Monetary Penalties or AMPs. The AMPs are,...
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