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GHG 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,...
read moreRegulating Methane in Canada
With the COP 21 Paris Climate Change Conference as the backdrop, Canadian Prime Minister Justin Trudeau and U.S. President Barack Obama have agreed to focus on the reduction of methane emissions from the oil and gas sector. According to a report in the Globe and Mail, “The federal government will impose regulations to cut methane emissions in the oil and gas industry by as much as 45 per cent as part of a bilateral climate deal announced Thursday during Prime Minister Justin Trudeau’s official visit to Washington.” Using 2012 as the base...
read moreCanada’s 2016 Budget and the Environment
Like many of you, I have been reviewing the Canadian 2016 Budget but focusing on how it might impact the “environmental world.” I focused my attention on reviewing Chapter 4 – A Clean Growth Economy. Much of the focus seems to be on somewhat esoteric issues, such as the “green economy” and the “low-carbon economy,” which are difficult to quantify, at least currently. Environmental Focus in Budget However, within Chapter 4 is “Securing a Cleaner, More Sustainable Environment.” The 2016 budget, “…proposes to provide $3.4 billion over five...
read moreJoint Environmental Enforcements and Investigations
Anyone involved in health and safety or environmental protection knows how diligent you must be to guard against accidents. These accidents can lead to fines, penalties, and, in some cases, can have tragic consequences. These unfortunate consequences were highlighted in some recent news stories. Joint Enforcement on Tragic Explosion In late January 2016, it was announced that a very substantial joint prosecution (Under the Occupational Safety and Health Act and the Environmental Protection Act) resulted in an equally-substantial fine. Sunrise...
read more“Stuff” Happens: How to Avoid Environmental Outrage
Nearly 30 years ago, Environmental Risk-Communication Expert, Dr. Peter Sandman wrote, “If you make a list of environmental risks in order of how many people they kill each year, then list them again in order of how alarming they are to the general public, the two lists will be very different.” This is far from an apples-to-apples comparison (different time frame, different countries, subjective search terms, and different issues, to name a few), but they help illustrate Dr. Sandman’s point regarding the number of fatalities associated with...
read morePERC and TCE Releases
A couple of common bad environmental actors (i.e., toxic chemicals) have been in the news again recently. One news story should be a heads up for a specific industry, and the other news story is about an ongoing concern for residents of a small community. Dry Cleaner Fined About a year and a half ago, my colleague, Andrew Tymec, P.Eng., wrote a blog about enforcement actions at dry cleaners across Canada. In the blog, Andrew said, in part, “If you have dry-cleaning operations in Canada, you would do well to pay attention to this (enforcement...
read more“Innocence” When It Comes to Environmental Liability Means Nothing
As it relates to environmental liability in Ontario, my colleagues and I have, for several years, discussed how to best protect our clients from the creeping environmental liability in the province. For example, two years ago we wrote an article in Environmental Science and Engineering Magazine, “Property owners need to be concerned about clean up liability following the Kawartha Lakes spill.” We called the Kawartha Lakes Decision a potential game changer. In our November 6th blog (trend on personal liability), we also discussed the...
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