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Seven 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 moreFines for Spills to the Environment
As 2022 came to a close, the Government of Canada announced a seven-figure fine for a company that had releases that resulted in fish kills. Release to the Environment Michels Canada Company, among other services, relines deteriorating sewer and water mains and builds tunnels for wastewater treatment plants. According to a news release from Environment and Climate Change Canada, drilling fluid and “sediment-laden waters” were released on two different occasions from horizontal-drilling operations. Both incidents occurred in British...
read moreOntario Excess Soil Requirements for 2023
Environmental regulatory requirements for managing excess soil in Ontario have been on a government seesaw over the past year (O. Reg. 406/19: On-Site and Excess Soil Regulation or “Excess Soil Regulation”). 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, 2022, announcement by the MECP that they were...
read moreWindsor Battery Plant, Canadian Natural Resources, and Climate Adaptation Strategy
Canada Boosting Battery Production In our September 12, 2022, blog, we shared the news that Canada began supplying rare earth elements to help meet the needs of the burgeoning “green economy.” This focus seems to be paying dividends. A survey that ranks 30 countries in the battery-supply chain (mining to production) ranked Canada second. Previous rankings had Canada as number four. According to an article in the Financial Post, “Canada has announced more than $15 billion in investments over the past 10 months in areas ranging from critical...
read moreRPRA Changes, “No” to Certain COP 27 Language, and CAIP Update
Below we look at some recent updates that may be important for the regulated community, both short- and long-term. We also provide an update on a program that affects the citizens of Canada. Resource Productivity and Recovery Authority (RPRA) A November 15, 2022, news release from RPRA announced that generators, carriers, and receivers of hazardous and liquid industrial waste can now set up their registry accounts so they are ready to meet their reporting requirements and begin manifesting on January 1, 2023. The announcement goes on to...
read moreMandatory Climate-Related Disclosures for Canadian Banks and Insurance
Canada introduced mandatory climate-related risk disclosures for federally-regulated banks and insurance companies beginning in 2024. This follows similar actions by the Security and Exchange Commission (SEC) in the United States as well as other countries in Europe. Banks and Insurance Companies Required to Report According to an article earlier this year in ESG Today, “Canada will require banks and insurance companies to provide disclosures on their climate-related risks and exposures beginning in 2024, according to the federal...
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