Dragun’s Environmental Site Assessment and Remediation Webinars Available Here:
The Federal Plastics Registry and Legal Appeal of Plastics as CEPA Toxic Substance
Federal and provincial environmental regulatory developments can at times, be overwhelming and confusing. Recently, the issue of managing and eliminating certain plastics has morphed into one issue. They are separate issues and it is important to keep track of these developments. Federal Plastics Registry As we noted in our April 30, 2024, blog, Environment and Climate Change Canada (ECCC) issued a notice that they were implementing a comprehensive plan to “reduce plastic pollution” aka, the Federal Plastics Registry. In that blog, we...
read moreUpdate on the Regulation of PFAS and Environmental Justice Becomes Law
Below are two brief updates on topics we have previously covered in our blogs; per- and polyfluoroalkyl substance (PFAS) and Environmental Justice. Updated PFAS Report In July 2024, Environment and Climate Change Canada (ECCC) issued the, “Updated draft state of per- and polyfluoroalkyl substances (PFAS) report.” While there are not specific criteria in the new document, ECCC did provide more direction with respect to the approach to regulating PFAS. From the Executive Summary, “…it is proposed to conclude that the class of PFAS, excluding...
read moreBill C-59: The Liability of Sustainability Claims
In our November 9, 2023, blog, we discussed how Environmental, Social, and Governance (ESG), sustainability, etc… are affecting companies. We also discussed Canada’s Competition Bureau’s investigation into sustainability claims by Keurig Canada regarding the recyclability of its single-use coffee pods calling them “false or misleading…” This led to a $3 million dollar fine. Proclamations about sustainability efforts are commonplace. However, these proclamations increasingly carry a risk of being labeled as “greenwashing,” especially with...
read moreOntario’s Excess Soil Management: Questions and Misgivings
In January 2022, everyone was scrambling to meet the new Excess Soil rules and requirements, only to have the rules paused on April 21, 2022. Since the final rules were modified and implemented, there has been renewed debate over fees and questions about overall compliance. Increased Excess Soil Fees As we reported in our April Environmental Compliance Tip, the Resource Productivity and Recovery Authority announced new soil fees for 2024. From Environmental Science and Engineering, “Higher Excess Soil Registry fees for users will be spread...
read moreSustainability Standards and Mining Natural Resources
Grappling with sustainability efforts, mining natural resources to “fuel” the “green economy,” and battling red tape to compete globally are converging. In March, the Canadian Sustainability Standards Board (CSSB) proposed the Canadian Sustainability Disclosure Standards (CSDS). The CSSB was formed to advance the adoption of sustainability disclosure standards in Canada. The CSSB develops the CSDS that align with the global baseline standards developed by the International Sustainability Standards Board (ISSB). From McCarthy Tetrault, “As...
read moreEnvironmental Investigations, Enforcement, and Administrative Monetary Penalties
Environmental management issues used to be a concern only for “smokestack” industries. However, with the increased breadth of environmental regulations and the increased pressure associated with implementing environmental sustainability changes, few companies are immune from environmental reporting obligations and in some cases, investigation and enforcement. Lululemon Greenwashing Investigation Headquartered in Vancouver, British Columbia, apparel retailer Lululemon Athletica is currently under investigation for Greenwashing. Greenwashing...
read moreChanges to the Rules for Managing Excess Soil in Ontario
In our October 25, 2023, blog, we discussed the proposed amendments to the Excess Soil Regulation (O.Reg. 406/19) – these amendments were recently finalized. The Excess Soil Regulations are the rules for the management of excess construction soil in Ontario. Below is a general overview of the changes to managing soils in Ontario. However, if you have a specific question about managing excess soil, please contact Chris Pare, P.Geo., Q.P. Chris can provide more specifics as it relates to your project. According to the Ministry of...
read moreTracking and Reporting on Plastics is Mandated
In our February 20, 2024, blog, we provided details on the proposed plastics registry. On April 19, 2024, Environment and Climate Change Canada (ECCC) issued a notice that “The Government of Canada is implementing a comprehensive plan to reduce plastic pollution, improve how plastic is made, used, and managed across its life cycle, and move toward a circular economy.” Companies affected by the new mandate will need to begin to gather data. As stated by ECCC, “…reporting to the Federal Plastics Registry will start in September 2025,...
read moreEnvironmental Enforcement News Across Canada
Regardless of who is facing an environmental violation, it can be frustrating and expensive. Violations aside, environmental compliance and remediation are increasingly expensive. According to Statistics Canada, Canadian businesses spent $26.6 billion to protect the environment in 2021, an increase of 16.3% from 2020. Moreover, as outlined below, environmental enforcement can affect companies of all types and even municipal governments. Nova Scotia Town Fined $100,000 On November 13, 2019, Environment and Climate Change Canada enforcement...
read morePFAS Regulation and Enforcement
As we reported last year, in May 2023, Environment and Climate Change Canada and Health Canada prepared the “Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report.” While we have yet to see final regulatory action concerning PFAS, the topic is continuing to get attention (see February 2024 House of Commons Session, “Standing Committee on Environment and Sustainable Development”). Current PFAS Prohibitions Some PFAS are regulated under the “Prohibition of Certain Toxic Substances Regulations, 2012.” Perfluorooctane sulfonic acid...
read more