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Environmental 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 moreNew Climate Reporting Will Reach Beyond Financial Firms
In November 2022, we discussed the upcoming mandatory climate reporting requirements affecting lenders and insurance companies. The first of those required climate reports will begin in 2024, and the reach of this new reporting will go well beyond the financial community. Climate Reporting Rule Background On March 7, 2023, the Office of the Superintendent of Financial Institutions (“OSFI”) issued Guideline B-15: Climate Risk Management. According to McCarthy Tetrault, “The Guideline sets out OSFI’s expectations on climate-related risk...
read moreWhat will Constitute a “Reasonable Limit” under Bill S-5?
In our July 7, 2023, blog we discussed Bill S-5, Strengthening Environmental Protection Act for a Healthier Canada Act (The Act). On February 8, 2024, the Government of Canada announced a consultation regarding how to determine the right to a healthy environment will be implemented. As we discussed last year, the approach to the protection of human health and the environment under environmental justice (a focus in The Act) is a stark departure from numeric limits on discharges or remediation. This Act includes consideration of “vulnerable...
read moreProposed Federal Plastics Registry Will Have Wide Application
In our February environmental compliance tip, we shared the December 30, 2023, announcement by Environment and Climate Change Canada regarding the proposed “Notice of intent to issue a section 46 for the Federal Plastics Registry.” The comment period for this notice closed on February 13, 2024. According to the Canada Gazette, “The notice would require that any person described in Schedule 3 of the notice and who possesses or who may reasonably be expected to have access to information described in Schedules 4 through 5 of the notice...
read moreEnvironmental Enforcement: The Pace, Cost, and Recent Action
Environmental enforcement and fines are seemingly becoming more common and consequential. For example, last March, we reported about a $16 million fine (a provincial fine). In April, we reported about two separate $1 million fines (federal fines). Pace and Trends in Environmental Enforcement While it does seem that there is more enforcement, a report by the insurance company, Berkley Canada states, “Despite the total value of large fines and penalties increasing in 2021, the number of fines and penalties issued decrease back to 2015...
read moreRegulation of PFAS in Canada and Complications of Banning PFAS
In May 2023, the Draft State of Per- and Polyfluoroalkyl Substance (PFAS) Report was issued by the federal government. We are eight months or so from this Draft report being issued. Where are we now, what actions might be forthcoming, and what are the potential unintended consequences of restricting or banning PFAS? In October 2023, we reported that the federal government planned to issue a mandatory information-gathering notice for PFAS sometime in the fall of 2023. The authority to gather this information is in section 71 of the...
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