Dragun’s Environmental Site Assessment and Remediation Webinars Available Here:
Class of PFAS to be listed as Toxic Substances
As information and data continue to develop regarding per- and polyfluoroalkyl substances (PFAS), regulations are beginning to take shape. Recent reports by Environment and Climate Change Canada and Canada Health are making it clear that PFAS are found throughout the country and pose potential human health and environmental risk. As a result of this report, PFAS appear to be headed to the list of Toxic Substances, Schedule 1 of the Canadian Environmental Protection Act (CEPA). Most of the attention and studies have focused on...
read moreEnvironmental Justice Legislation
Legislation to enact Environmental Justice is moving forward. The concept of Environmental Justice or “EJ,” has been gaining momentum for several years. EJ in the United States Over the past two years, our neighbours in the United States have heavily integrated EJ into nearly every federal government agency. In the US, EJ originated in a 1994 Executive Order under President, Bill Clinton. Bill C-226 – Environmental Justice EJ is being advanced in Bill C-226, “An Act respecting the development of a national strategy to assess, prevent and...
read morePFOS Still Detected and Update on Litigation over Plastics Ban
Ontario’s Ministry of the Environment, Conservation and Parks (MECP) said that perfluorooctane sulfonate (PFOS) is still leaching from the Hamilton International Airport Property above the threshold numbers. PFOS is one of the thousands of per- and polyfluoroalkyl substances (PFAS) that have been found around the world that pose potential harm to human health and environment. PFOS at Hamilton Airport Health Canada states that the maximum acceptable concentration for PFOS in drinking water is 0.6 parts per billion (ppb). Health Canada is...
read moreTwo One Million Dollar Environmental Fines
Complying with environmental regulations is becoming increasingly complex as there are more regulations (see our February 8, 2023, blog regarding increased regulatory activity) and more regulatory enforcement. Below we highlight some recent environmental enforcement activity. Release of Gasoline Ends with a $1 Million Fine Not exactly what you might consider a typical environmental enforcement “target,” but Enterprise Rent-A-Car (Enterprise) handles fuel, which poses a risk to the environment when released. On April 4, 2023, Enterprise was...
read moreCustomers of Lenders and Insurers Can Expect GHG Reporting
As we discussed in our November 4, 2022, blog, Canada is moving forward with mandatory climate-related risk disclosures for federally-regulated banks and insurance companies in 2024. It is anticipated that this will affect 400 institutions and their customers across Canada. On March 7, 2023, The Office of Superintendent of Financial Institution (OSFI) released “Guideline B-15: Climate Risk Management.” This guideline will govern the methods the financial sector in Canada is required to use to manage and disclose climate-related risk. In...
read moreSeven Questions Regarding Excess Soil Management in Ontario
With the key phase of the excess soil regulation in Ontario now in place (as of January 1, 2023), preparing for and managing excess soil has become of vital importance for construction-related projects in 2023. For an overview of the Excess Soil Regulations, see our December 22, 2022, blog “Ontario Excess Soil Requirements for 2023.” Below are some common questions we have seen regarding Excess Soil. This is not comprehensive. We encourage you to read the regulations for a comprehensive understanding of Excess Soil management. What is...
read moreEnvironmental Enforcement and Fines
In our February 8, 2023 blog, we discussed the apparent trend of more environmental regulations and increasing environmental enforcement at the federal and provincial levels. Whether the data support this anticipated trend is something we will monitor. In the meantime, below, we share some recent enforcement news. Niagara Falls Company Fine Hits Six Figures Between a fine and victim surcharge, a chemical company in Niagara Falls, Ontario, (Cytec Canada) will pay $312,500. The fine was $250,000 and the victim surcharge was another...
read moreHealth Canada Releases Proposed PFAS Standards
In several of our past blogs, we discussed the developing attention by regulators to the environmental contaminants known as per- and polyfluoroalkyl substances (PFAS). You may recall the April 2021 announcement by Health Canada: “Notice of intent to address the broad class of PFAS.” In accordance with that April 2021 notice of intent, Health Canada announced on February 10, 2023, the “Draft objective for per- and polyfluoroalkyl substances in Canadian drinking water.” Previously Established Maximum Acceptable Concentrations for PFAS...
read moreExpect More Environmental Regulatory Activity and Enforcement
Increased Environmental Regulatory Activity Across Canada Are we seeing a greater environmental regulatory presence across more market segments as well as more environmental regulatory enforcement across the country? It seems the answer to that is yes. Consider some of the environmental regulatory activity we reported last year that is outside of what you might consider a “traditional” focus by regulators. Banks and Banking Clients In November 2022, we shared the news that the Federal Government will require mandatory climate-related...
read moreLithium Mine Moves Forward while Cement Plant Faces Opposition
As we have covered in previous blogs, Canada is looking to take full advantage of the country’s natural resources that are in demand for the green economy. Below we share news of a new project to bring more high-demand lithium to market and opposition to a cement plant, which is in high demand for wind energy. Critical Materials Projects In December 2022, the federal government announced that $3.8 billion has been earmarked (over eight years) to develop Canada’s critical minerals industry. Mining.com states a significant portion of the...
read more