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Summary of Environmental Regulatory Developments in 2024
In 2024, we noted several environmental regulatory developments. In our final blog for the year, we are providing some reminders regarding regulatory changes and some quickly approaching reporting requirements. We begin with the news of a new Federal Environmental Agency. New Standalone Water Agency The Canada Water Agency (Agency) was on an interim basis within the Environment and Climate Change Canada. They are now a standalone agency, headquartered in Winnipeg with five regional offices across Canada. Once fully staffed, the Agency will...
read morePlastics Registry Reporting Begins in 2025
Environment Minister Steven Guilbeault said he was disappointed that the recent meeting in Busan, Republic of Korea, which included 170 nations, did not reach a conclusion regarding a global treaty to address plastic pollution. Global talks will resume in 2025. Global efforts notwithstanding, Canada continues to move forward on the federal and provincial levels to address plastics in the environment. Provinces and Territories (with the exception of Prince Edward Island, Newfoundland and Labrador, Nunavut, and Northwest Territories)...
read moreAdditional GHG Regulations for the Oil and Gas Sector
The federal government continues to develop additional regulatory framework surrounding sustainability and climate-related issues. The most recent focus is on the Oil and Gas sector. We also cover a new voluntary sustainability program and new commitments made by the Canadian Government at the Conference of Parties (COP) 29. Oil and Gas Sector GHG Cap The Government of Canada recently (Canada Gazette, November 9, 2024) released the proposed “Oil and Gas Sector Greenhouse Gas (GHG) Emissions Cap Regulations.” The proposed regulations set...
read moreEnvironmental 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 that 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)...
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