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Environmental Contamination – Are You Personally Liable?
The recent case heard by the Ontario Environmental Review Tribunal (ERT) involving Trichloroethylene (TCE) contamination in groundwater was not about contamination at all. As stated in the July 2015 ruling, “The existence of contamination in, on or under the Property and a plume of groundwater contamination in the immediate vicinity of the Property are not at issue in these proceedings…” If the issue of environmental contamination wasn’t about environmental contamination, what was it about? In a word, responsibility; in two words, whose...
read morePrecautionary Principle and Canadian Environmental Law
While it may not be well known by many, the precautionary principle has clearly found its way into Canadian law and may impact future management decisions regarding environmental issues. What is the precautionary principle? Some have said it boils down to better safe than sorry. However, the working definition will depend, in part, on who you ask. In fact, there may be as many as a dozen definitions, but the two main definitions are the Rio Declaration and the Wingspread Statement: Precautionary Principle The Rio Declaration of 1992 states,...
read moreOntario’s GHG Cap and Trade Program Takes Shape
If you follow our blogs, then you may recall that on April 24th we discussed the pending Greenhouse Gas (GHG) Cap and Trade Program for Ontario. We mentioned then that we would keep you updated as we learn more about the nuts and bolts of this program. And what we know currently is based on a recent release from the Ministry of Environment and Climate Change (MOECC). On September 14, 2015, the MOECC issued a notice seeking comments on proposed amendments to the GHG Emissions Reporting Regulation (O.Reg. 452/09) and the Guideline for...
read morePermitting Water Withdrawal in Ontario
Protecting Ontario’s more than 250,000 lakes, which represents about 20% of the world’s fresh water, while avoiding overly burdensome regulations is an ongoing challenge. One of the ways fresh water is protected in Ontario is by permitting more significant water withdrawal events. The Ministry of Environment and Climate Change (MOECC) requires those who withdraw water to obtain a Permit to Take Water (PTTW). The source law regarding PTTW is found in the Ontario Water Resources Act, and Ontario Regulation 387/04. These water withdrawal...
read morePlant Closures and Decommissioning: Essential Environmental Considerations
According to the technical definition of a two-quarter economic slump, we are in an official recession in Canada. While I’m not an economist, I would venture to guess that commodity prices, especially crude oil prices dropping so dramatically, have had a disproportionate impact on the Canadian economy. In any regard, as businesses mull over what this may or may not mean to future demands for goods and services, including at least a consideration of consolidation, we thought this might be a good time to revisit the topic of plant closures and...
read moreLegislating Changes in Microbead Use in Canada
It’s rare when those on the political right and political left agree on an environmental issue. It’s even rarer when environmental groups and industry groups can agree on the same environmental issue. And, when this general agreement crosses boarders, not just between Canada and the United States, but across the “big pond,” we have something truly unique. Microbeads The subject of this (general) agreement surrounds the issue of the use of microbeads and their fate in the environment. And, if you are a “student” of this development, you know...
read moreNew Focus on Air Quality in Ontario
In case you missed it, the Ministry of Environment and Climate Change (MOECC) recently proposed three “Air Zones” for the province. According to the June 22, 2015, announcement, the Zones will be the following: Air Zone 1 – Areas with limited pollution from either point or non-point sources or transboundary influence; where air quality management activities are focused on maintaining good air quality. Air Zone 2 – Areas under pressure from multiple sources including some or all of the following: non-point sources, smaller point sources,...
read moreRecent Environmental Fines
While not quite to the level of the attention-getting $7.5 million fine that Cliffs Natural Resources had to pay last December for environmental violations, there have been a few environmental fines that are at least worth noting. Also, notice that these violations were not the result of any spectacular release of some exotic chemical; they are all fairly relatable types of substances. Recent Environmental Enforcement Action On June 5, 2015, an electronic company in British Columbia was ordered to pay $40,000 for environmental offences...
read moreCanadian Government Changes Position on Asbestos
Asbestos, because of its superior insulating properties, has been widely used in hundreds (maybe thousands) of products, including: pipes, floor tiles, brake pads, and countless types of insulation. The properties of asbestos (heat and fire resistance) have been called life saving. However, it’s now common knowledge that breathing in asbestos fibers may cause serious illnesses (i.e., lung cancer, mesothelioma) that could be fatal. Surprisingly, until recently, Canada’s definition of what constitutes a “potentially harmful asbestos” was...
read moreReal Solutions and Practical Application of Environmental Forensics
On Wednesday, August 5th, Dr. Michael Sklash, P. Eng. will be among a group of scientists, engineers, and lawyers speaking at the International Network on Environmental Forensics, which is part of the Royal Society of Chemistry. The conference will be held at Victoria College in Toronto. The title of Mike’s presentation is, “How would Albert Einstein do as a forensics expert? The Art of Effectively Communicating Complex Information.” Mike will be co-presenting with Natalie Mullins, a lawyer at Gowlings. If you are in the Greater Toronto...
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