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A Challenging and Consequential Environmental Regulatory Environment
Environmental regulatory and non-regulatory pressures continue to grow. This includes amendments to the Canadian Environmental Protection Act, the pending regulations governing per- and polyfluoroalkyl substances, and developing reporting requirements under Environmental Social and Governance. This is in addition to the existing federal and provincial environmental regulations, which as we witnessed with the Ontario Excess Soil regulations can quickly change. We are also seeing larger and more encompassing environmental fines that can...
read moreEnvironmental Regulations Continue to Grow
In our February 8, 2023 blog, we discussed the growing environmental regulatory and enforcement activity in Canada. Based on recent activity, this regulatory pressure is continuing to mount for businesses. Increased Regulation for Chemical Industry In a July 27, 2023 article in Coatings World, J. Gary LeRoux, President and CEO of Canadian Paint and Coatings Association outlined the increased regulation of the Chemical, Adhesive, Sealants, and Elastomer (CASE) industry. In the article, Mr. LeRoux provides details of proposed increased...
read moreRecent Environmental Enforcement News
Environmental enforcement actions can often be costly for companies especially as six-figure fines are becoming more commonplace. Increasingly, enforcement has the potential to affect a wide-range of industries as is evident in some of the environmental enforcement cases outlined below. Cat Litter Company Fines and Penalties Approach Six Figures According to the Ontario Ministry of Environment, Conservation and Parks (MECP), Normerica, Inc. (manufacturer of cat litter) in Brantford, ON was convicted of one violation under the Ontario...
read moreCEPA is Amended: The Right to a Healthy Environment and Tougher Chemical Management
Bill S-5, Strengthening Environmental Protection Act for a Healthier Canada Act, has received Royal Assent. This Bill amends the Canadian Environmental Protection Act (CEPA). The amendments update the Canadian law (established in 1999) in two significant ways. First, it recognizes that all Canadians have a right to a healthy environment and second, it amends the assessment of toxic chemicals. Right to a Healthy Environment Similar to some provincial legislation such as the Ontario Environmental Bill of Rights, CEPA recognizes the right of...
read moreRegulatory Challenges to Green Energy and the Global Cost of Green Energy
In a letter titled, “Canada’s future is unbuilt,” a somewhat unusual coalition of business, Indigenous, labour, environmental, and policy groups expressed concern about the regulatory climate in Canada. The letter begins by acknowledging the federal government’s “ambitious targets” for emissions reduction by 2030 and the goal to be net zero by 2050. They state, “The reality is that to meet these targets, we need to invest in technology and infrastructure at a scale and pace never before seen in Canadian history.” Specifically, they write in...
read moreClass 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...
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