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Canadian Environmental Regulation & Compliance News
Select ArticleOntario Court Gives Clean-up Contractor Priority Over Mortgage
(November 1998) by Donna Shier
Select ArticleProposed inert fill reg published; Ontario's MOE To Clarify Contaminated Fill Exemptions
(October 1998)
Select ArticleIndustrial Contamination Not "Defect of Title"
(May 1997) by Donna Shier
Select ArticleR. v. Courtaulds Fibres Canada: The Successful Defence of Due Diligence at an Aging Industrial Plant
Select ArticleBill 26 - Ontario Environmental Bill of Rights
Select ArticleCases Highlight Purchaser's Need to Inspect, Read Fine Print
Select ArticleCommander Business Furniture Not Diligent Enough
Select ArticleConfidentiality of Environmental Audits - Solicitor-client privilege can apply
Select ArticleCourt of Appeal Upholds The Northern Wood Preservers Decision
Select ArticleDraft Decommissioning Guidelines Propose Major Changes
Select ArticleDue Diligence Defence: Anachemia Solvents Limited
Select ArticleEnvironmental Audits: Gregory Case Denies Confidentiality
Select ArticleIs It a Spill? Must I Report It?
Select ArticleOntario's Environmental Appeal Board: Sky Harbour
Select ArticleOntario's Environmental Compensation Corporation
Select ArticleOntario's New Gasoline Handling Code - 1993
Select ArticlePersonal Liability for Contaminated Land: Deep Pockets v. Fairness
Select ArticleSpill Reporting: Due Diligence
Select ArticleWhen Do I Need a Certificate of Approval? - 3Rs Amendments to Reg. 347
Select ArticleWho Pays For Clean-Up? The Northern Wood Preservers Case
CCH EnviroMation
Select ArticleProposed Environmental Super Lien May Cause Lending Chill
(January 1997)
Select ArticleFirst ISO 14000 EMS Standards Now Published
(August 1996) by Barry N. Spiegel and P. Douglas Petrie
EM Magazine
Select ArticleEnvironmental Management Systems: Myth and Mystique
(November 1997)
Environmental Science & Engineering
Select ArticleUpgraded Ontario Fire Rules Extend Powers, Regulation of Storage Tanks
(November 1998)
Select ArticleCan Compelled Reports Be Used Against You?
Select ArticleJUNE 1, 2002 Deadline For Ontario Airborne Contaminant Emission Reports - O. Reg. 127/01
Select ArticleMOEE, MCCR Increased Order Powers
Municipal World
Select ArticleHow Planning Act Strategies Can Compensate For MOE Laissez Faire
(September 1998) by John Willms
Select ArticleGravel Pits: The Aggregate Resources Act
Select ArticleMunicipal Environmental Auditing: A Gram of Prevention is Worth a Kilo of Cure
Select ArticleNew Municipal Responsibilities for Environmental Planning of Contaminated Lands
Select ArticleProvincial Interest Under the Planning Act, 1983: Policy Statements Versus Ministerial Discretion
Select ArticleThe Aggregate Resources Act - Same Old Fox, Same Old Chicken Coop
Select ArticleToxic Real Estate In Your Backyard - Municipalities Respond (Parts 1 and 2)
Hazardous Materials Management
Select ArticleConflicting Cleanup Enforcement Trends
Select ArticleToxic Targets: Feds and Ontario Identify Candidates for "Sunsetting"
Occupational Health & Safety Canada
Select ArticleAlcoholism Ruled A Handicap
Select ArticleBiotechnology: Risks and Regulations
Select ArticleDo Government Audits Protect from Prosecution?
Select ArticleEmployer's OH&S Liability for Independent Contractors
Select ArticleReasonable Precautions: A Due Diligence Update
Select ArticleSpill reports: Compliance versus Liability
Service Station and Garage Management
Select ArticleLeak Proof: Gasoline Handling Code Proposals
(June 1998) by Barry N. Spiegel
The Lawyers Weekly
Select ArticleLet's Regulate Factory Farms
(May 2001)
Select ArticleA Trash Circus
(October 2000)
Select ArticleEnvironmental Framework Falling Apart - Slash and Crash Strategy Fails The Public
(June 2000)
Select ArticleBill 82 Extends Municipal/Corporate Liability For Waste Handling, Disposal
(February 1999)
Water & Pollution Control
Select ArticleMunicipal Liability for Water and Sewer Services

Older Archives
Older Archives
December 2004
select     New Water Taking and Transfer Links
(O.Reg. 387/04 takes effect January 1, 2005)

Watershed based source protection reports

       
November2004
select     November 2004- Municipal - Corporate Newsletter
- Willms & Shier Environmental Law
pdf format
     
       
September 2004
select     Fall 2004- Municipal - Corporate Newsletter
- Willms & Shier Environmental Law
pdf format
     
select     Ontario Court of Appeal: Minister Can 'Scope' Environmental Assessments
Appeal to SCC Means Uncertainty May Continue
      Ontario's Court of Appeal has upheld the right of Ontario's Environment Minister to tailor the requirements of the Environmental Assessment Act (EAA) to a particular project. This should remove the roadblock that had paralyzed many EA projects since the June 2003 decision of the Divisional Court in Sutcliffe v. Canadian Waste Services Inc. and MOE. Read more
       
July 2004
select     Summer 2004- Municipal-Corporate Newsletter
- Willms & Shier Environmental Law
pdf format
     
June 2004
select     Brownfields Amendments To Take Effect October 1, 2004
      Contaminated Site Liability Limitations Available
     

Most of the contaminated site clean-up amendments to the Environmental Protection Act, the Municipal Act, 2001 and several other laws will take effect October 1, 2004. These amendments will allow property owners who clean-up contaminated property, and file Records of Site Condition (RSC) to limit future liability for government orders. The RSCs will be filed on a publicly accessible Environmental Site Registry. However, important mandatory clean-up provisions triggered by change of property use will not take effect until the government decides to bring them into force at a later date.

The Brownfields package includes provisions that will allow municipalities and the province to grant owners and developers tax concessions as incentives to clean up and redevelop brownfield sites.

The MOE will publish the Record of Site Condition regulation (O. Reg. 153/04) in the June 19 Ontario Gazette. The Record of Site Condition regulation establishes four (4) categories of "qualified person", each entitled to either certify levels of RSCs or conduct risk assessments. Qualified persons signing RSCs will have to carry a minimum $1,000,000 insurance, and for conducting Phase l ESAs and certifying RSCs where no Phase ll ESA is required, must be a registered member of one of the following regulated professions: professional engineer, professional hydrogeologist, chartered chemist, professional agronomist, certified engineering technologist, certified applied science technologist or architectural technologist. Restrictions and experience requirements apply to other classes for more complex assessments. Click here to download the regulation.
       
May 2004
select     Fisheries Act Conviction Makes Water Pollution Charges Tougher To Defend
     

Environmentalists, Residents, MOE Succeed in Coordinated Fisheries Act Prosecution

      Fisheries Act charges for water pollution will be harder to defend in the wake of a May 2004 Ontario Court of Appeal decision. The Court upheld the conviction of the City of Kingston for depositing a deleterious substance into water frequented by fish. Evidence that landfill leachate killed rainbow trout fingerlings in lab tests was enough to convict the City of the offence. The Crown did not need to prove that the leachate would have been toxic in the river, or that it would have killed the specific kinds of fish that inhabit the river. The Court of Appeal stated that the Fisheries Act pollution test is different from the test under the OWRA described in the Court's decision in R. v. INCO (June 2001). Read more
       
select     Drinking Water Relief
MOE Proposes Relief For Small Systems
      Owners and operators of small drinking water systems have been concerned about the cost of complying with the Safe Drinking Water Act, 2002 and regulations.

On May 12, 2004 the MOE posted a proposal to amend the Drinking-Water Systems regulation (O. Reg. 170/03), to postpone a number of deadlines for installation of treatment systems or commencing testing. Read more
April 2004
select     Spring 2004- Municipal-Corporate Newsletter
- Willms & Shier Environmental Law
pdf format
     
       
select     Corporate Criminal Liability Proclaimed
Westray Bill C-45 Now Law
     


Extended liability for individuals and organizations will affect operations where accidents can harm public or workers

The Westray amendments to the Criminal Code (Bill C-45) took effect on March 31, 2004. The amendments expand the scope of criminal liability for negligence by companies, “organizations” and individuals, where workers or members of the public are injured or killed. Read more
February 2004
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Source Water Protection Planning Law - White Paper Issued
      The MOE published a White Paper on Watershed-based Source Protection Planning on February 12, 2004. The White Paper provides a rough, conceptual proposal for legislation that will require source protection plans to be developed regionally and implemented locally for every watershed in the province. Read more
       
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Mould Litigation: CCA Releases Canadian Guidelines
      The Canadian Construction Association released Mould Guidelines For the Canadian Construction Industry (CCA 82-2004) on February 16, 2004. The CCA developed the Guidelines as a proactive measure, in recognition of the significant number of legal claims in the U.S. The Guidelines deal with insurance issues, health risks, construction practices, building operations, mould assessment and remediation and demolition and disposal. The publication also includes guidelines for selecting remediation contractors. Download the Guidelines from the CCA website or here.
January 2004
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Juli Abouchar of W&SEL Appointed To
Source Water Protection Implementation Committee
      On December 18, 2003 Minister of Environment Leona Dombrowsky announced the members of the Expert Source Water Protection Committees. Willms & Shier Environmental Lawyers is pleased to announce that W&SEL lawyer Juli Abouchar was appointed to the Implementation Committee. Juli was Assistant Counsel to the Walkerton Inquiry and devotes a significant portion of her practice to environmental water and wastewater law.
       
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Province Proposes Urban Sprawl Controls
Planning Act, Golden Horseshoe Moratorium and Bill
     

In December, Ontario's Minister of Municipal Affairs proposed important changes to the Planning Act that will have retrospective effect across the Province. The Planning Act changes will strengthen the power of municipal and provincial authorities to control development, and restrict the power of the Ontario Municipal Board (OMB). In addition, the Minister imposed a moratorium on land use and introduced an important Bill to address urban sprawl in the Golden Horseshoe. Read more
December 2003
select     Winter 2003- Municipal-Corporate Newsletter
- Willms & Shier Environmental Law
pdf format
     
select     Winter 2003- Special Municipal Newsletter
- Willms & Shier Environmental Law
pdf format
     
       
select     Planning Act Controls Water Taking
Land Use Decision in Artemesia Case Stands
     

On December 9, 2003 water bottler Artemesia abandoned its appeal of the Ontario Divisional Court decision that held that installing pipes and pumps on land for the purpose of taking water is a 'land use' under the Planning Act.

This means that the Divisional Court decision stands as the current law of Ontario. Now communities who want to protect their drinking water sources can control water taking through Official Plan policies and zoning by-laws. Well-drafted land use controls will prevail, even over MOE permits to take water.

For commentary and analysis, click here. For full text of Grey Association for Better Planning v. Artemesia Waters Ltd., click here.
       
select     Divisional Court Limits Ottawa Hog Farm Conversion
Ottawa (City) v. Chief Building Official (Ottawa) – Ontario Divisional Court, released November 21, 2003
     

This Divisional Court decision upholds the decision of Superior Court Judge Roy, made on an appeal of the decision of Ottawa's Chief Building Official to issue a permit to change dairy farm to an intensive hog farm. The Divisional Court decision canvases in detail the law on legal non-conforming uses, and on "other applicable law" particularly in the context of livestock farms.

In the application decision, Judge Roy had decided that the City had to issue the permit, but amended the permit to reduce the number of hogs permitted. Judge Roy also found that the change from dairy farm to hog farm meant that the hog farm would not be a legal non-conforming use. Read more

November 2003
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Supreme Court of Canada
Imperial Oil Decision No Surprise
     

The recent Supreme Court of Canada decision upholding a Quebec environment ministry order against Imperial Oil comes as no surprise. It will not promote legions of orphaned, fenced Brownfield sites across the country, as some alarmists suggest. In fact, the decision underscores the value to site owners of Ontario's coming Brownfields amendments. When the new legislation takes effect, owners who clean up, and those who buy from them, will be protected from most future government clean-up orders.

When Imperial sold the property in 1979, it hoped to dodge future liability by selling the property "as is". Environmental legislation has evolved since then. Today, every well-advised vendor ensures that responsibility for potential contamination is allocated and secured by the Agreement of Purchase and Sale. Selling "as is" does not limit vendor's exposure to government clean-up orders.

The decision does not break new ground. Provincial environment ministries often make orders against former property owners to clean up pollution caused by their historic operations. This decision is notable because after Imperial sold the former petroleum depot, the purchaser conducted a clean-up that was approved by the Quebec environment ministry, who issued a certificate of authorization in 1987, allowing redevelopment as a residential subdivision. Read more

October 2003
select     Minister of the Environment
     

The Honourable Leona Dombrowsky
Phone: 416-314-6790 Fax: 416-314-6748 Email: leona.dombrowsky@ene.gov.on.ca
Minister's Office
Ministry of the Environment
12th Floor, 135 St. Clair Ave. W
Toronto, ON M4V 1P5

The Minister is a native of Tweed and a graduate of the University of Toronto. In 1985 she was elected as a trustee on the Hastings and Prince Edward Roman Catholic School Board and served as board chair from 1991-1996.

In 1998 she was elected to the newly amalgamated Algonquin and Lakeshore Catholic School Board and became its first chair. As a trustee she served at the provincial level as a director on the Ontario Catholic School Trustees Association and she was also a member of the Advisory Committee of the Education Quality and Assessment Office.

Elected as a Member of Provincial Parliament for Hastings-Frontenac-Lennox and Addington in 1999, she was Deputy House Leader of the Ontario Liberal Party, and was Liberal Critic for Community, Family and Children's Services.

Click here for link to Ontario Cabinet October 2003.
September 2003
select     Environmental Emergency (E2) Regulations Take Effect November 18, 2003
     

Federal Environmental Emergency (E2) regulations under CEPA 1999 will take effect November 18, 2003.

The regulations include a list of 174 substances that may harm human health or environmental quality if released in an environmental emergency, or act of terrorism or vandalism. For full text of the regulation click here.

E2 Plan Requirements

Companies exceeding the thresholds for storage of any of these substances, or having storage capacity exceeding the threshold amounts, will have to:

  • file information with Environment Canada;
  • develop, implement and test Environmental Emergency (E2) plans for each qualifying substance; and
  • file confirming reports with Environment Canada.

Environment Canada has established an online reporting site at https://cepae2-lcpeue.ec.gc.ca/index_en.cfm.

Environmental Emergency Reporting

The Anyone who causes or contributes to an environmental emergency involving any E2 regulated substance is required to, as soon as possible, notify a person designated under the E2 Regulations. In Ontario, that means the MOE Spills Action Centre (1-800-268-6060). This requirement applies to spills of any quantity of the E2 substance that would be reportable as a spill under provincial law. For more information on the oral and written reporting requirements, see the Implementation Guidelines for Part 8 of the Canadian Environmental Protection Act, 1999 – Environmental Emergency Plans.

Read more
       
August 2003
select     Clock rolled back on EAA
     

On June 17, 2003 the Ontario Divisional Court ruled that the 1997 amendments to the EAA did not allow the Minister to limit the scope of an environmental assessment, in Sutcliffe v. MOE and Canadian Waste Services.

The Lawyers Weekly column by Barry Spiegel, Willms & Shier Environmental Lawyers (July 25, 2003)

For more than a decade, large infrastructure projects were plagued by a complex and uncertain approval process under Ontario's Environmental Assessment Act (EAA). It was practically impossible to get approval for new waste disposal sites. Municipalities engaged in seemingly endless waste management master planning exercises, millions of dollars were wasted on the unsuccessful Ontario Waste Management Corporation (OWMC), the Interim Waste Authority debacle came and went, the Hydro Demand Supply Plan hearings and the Timber Management Hearings droned on for years.

Practically everyone agreed that the EAA process did not work. The process was too demanding, complex, iterative and uncertain. Private sector proponents argued that their projects were particularly unsuited to the requirement for a full consideration of alternatives. While municipalities could look at a wide range of sites (because they could expropriate), private proponents are limited to lands they can purchase economically. Read more
       
July 2003
select     Nutrient Management Act, 2002 Proclaimed July 1, 2003
     

Although the Act was proclaimed in effect July 1, 2003. The regulation takes effect September 30, 2003 (O.Reg. 267/03). You can download the regulation from our Compliance Centre. Protocols have also been published for Construction and Siting; Local Advisory Committees; Nutrient Management; Sampling and Analysis for Soil and Land Applied Materials. The protocols are available through this link: http://www.ene.gov.on.ca/envision/land/nutrient_management.htm

The government appointed a 20 person Advisory Committee. Producers are very well represented on the Committee.

       
select     Summer 2003 - Municipal-Corporate/Industry Newsletter
- Willms & Shier Environmental Law
     
       
May 2003
select     Safe Drinking Water Act, 2002
      Parts of Ontario’s Safe Drinking Water Act, 2002 (SDWA) have been proclaimed in force as of June 1, 2003.The SDWA establishes a statutory standard of care for municipalities and corporations operating drinking water systems, with personal liability for officers, directors and supervisors. The lengthy Act significantly increases the red tape, resources and cost required to establish and maintain drinking water systems. The Act does not deal with protection of surface or groundwater resources - an advisory committee is being struck for further consultation.

Five new regulations take effective on June 1, 2003 along with the SDWA. The new SDWDA regulations replace the safe drinking water regulations for large and smaller water works that were passed under the Ontario Water Resources Act in the wake of the Walkerton tragedy.

The SDWA regulations are:

Drinking-Water Systems Regulation, O.Reg. 170/03  
  • This is the main regulation, containing 24 schedules governing more than 8 defined types of regulated drinking-water systems (see also O.Reg. 269/03)

Ontario Drinking-Water Quality Standards Regulation, O.Reg. 169/03

  
  • Lists the standards that apply to the required tests in the Drinking Water Systems Regulation (see also O.Reg. 268/03)
Definitions of Words and Expressions Used in the Act Regulation, O. Reg. 171/03  
  • Includes definitions which apply to all regulations under the SDWA and addresses the application of sections under the SDWA (see also O.Reg. 270/03)
Schools, Private Schools and Day Nurseries Regulation, O.Reg. 173/03  
  • Sets requirements for weekly flushing for schools, private schools and day nurseries
Definition of "Deficiency" and "Municipal Drinking-Water Systems" Regulation, O. Reg. 172/03  
  • Minister's regulation to define what a deficiency is with respect to a drinking-water system and explicitly provides that a drinking-water system that was established by a private owner, but will be conveyed to municipal owner, is a municipal drinking-water system for the purposes of the SDWA
Compendium to Drinking - Water Systems Regulation  
  • MOE compendium summarizing intent and content of regulations
       
March 2003
select     Spring 2003- Municipal-Corporate/Industry Newsletter
- Willms & Shier Environmental Law
     
select     Brownfields Clean-up Regs – MOE Posts Publication Drafts
     

The MOE has published a draft regulation and proposed clean-up standards to revamp Ontario’s contaminated site clean-up regime. The deadline for submissions is April 29th, 2003. Download the regulation, the standards, the Compendium (MOE’s brief explanation) and the draft Analytical Methods and Risk Assessment guidance documents from the Contaminated Sites section of our Online Compliance Centre.

Summary

The current, private-sector based clean-up framework continues to minimize MOE involvement. Even after clean-ups are completed and notice is filed on the Environmental Site Registry, new purchasers and lenders will have to conduct their own environmental due diligence – neither the MOE nor the consultants who certify the Record of Site Condition will be liable for mistakes. Read more.
       
December 2002
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Fall/Winter 2002- Municipal-Corporate/Industry Newsletter
- Willms & Shier Environmental Law
     
       
select    

Fall/Winter Special Municipal Edition 2002- Special Municipal Edition-Newsletter
- Willms & Shier Environmental Law
     
       
November 2002
select     Contamination Litigation
Tridan v. Shell Court of Appeal Decision Stands
Supreme Court of Canada Refuses Appeal
     

Owners of contaminated property in Ontario can successfully recover damages from neighbouring polluters, even if the owners do not intend to clean up the contamination. Courts may order damages based on the costs of clean-up to a "pristine" state, a higher standard than required by MOE clean-up guidelines. The stringent "pristine" standard may be invoked even where the current land use is commercial or industrial. On November 21, 2002 the Supreme Court of Canada refused leave to appeal from the Ontario Court of Appeal's decision in Tridan v. Shell.

Implications of Tridan:

  1. Owners do not have to sell or clean up to successfully sue for damages.
  2. Damages for diminished property value will be based on the best evidence available to the Courts - including estimated cost to clean up and/or appraisal evidence of loss of value. The quality of expert appraisal evidence will be a critical factor.
  3. Owners may also recover related financing and business disturbance losses.
  4. In this case the court accepted evidence that the property value may be reduced by stigma even after the property is cleaned up to MOE standards; the court found that there was no evidence of stigma after clean-up to 'pristine' condition.
  5. Prejudgment interest was not awarded on economic loss for diminution of property value. (The Court of Appeal overturned an interest award of $442,000).

Concerns:

  1. If the property is not cleaned up, can the polluter avoid paying damages in a future lawsuit for the same contamination, brought by a future owner?
  2. Will this decision undermine the regulated clean-up standards coming soon under new Brownfields legislation? Read more
       
select     Brownfields – Proclamation of Municipality, Secured Creditor, Tax Sale Protection
Takes Effect December 1, 2002
No Date In Sight For Incentives, Development, Clean-up Provisions

     

Provisions of the Brownfields Statute Law Amendment Act, 2001 protecting municipalities and secured creditors from liability are proclaimed in force effective December 1, 2002. These sections include amendments to the Environmental Protection Act, the Ontario Water Resources Act, the Municipal Tax Sales Act and the Planning Act. Two regulations, one under the EPA and one under the OWRA will complement these new provisions. Read more.
       
August 2002
select     Summer 2002- Municipal-Corporate/Industry Newsletter
- Willms & Shier Environmental Law
     
       
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Nutrient Management Act, 2002 Stage 1 Regulations Published

On August 20 the Ontario Ministry of Agriculture and Food (OMAF) published Stage 1 regulations for consultation.

“The Stage 1 draft regulations and protocols under the Nutrient Management Act specify the content requirements for nutrient management plans and strategies for prescribed agricultural operations. They also propose categories of farm operations, and the dates that new, expanding and existing operations in each category would be required to have approved nutrient management plans and / or strategies.”

Click here to download the Draft Regulation, the Nutrient Management Plan Protocol and the Nutrient Unit Protocol.
       
July 2002
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Brownfields Regulations
MOEE Posts Municipal, Lender, Trustee Regulations For Consultation

On July 24, 2002 the MOEE posted the first two draft regulations under the Brownfields Statute Amendment Law, 2001. Deadline for comments is August 23, 2002. The draft regulation under the Environmental Protection Act deals with municipalities, secured creditors, trustees in bankruptcy and fiduciaries. The draft regulation under the Ontario Water Resources Act deals with secured creditors, trustees in bankruptcy and fiduciaries. Download the draft regulations from our Downloads Area, under the Brownfields/Contaminated Sites menu. (Read more)
       
select     W&SEL Congratulates Essex Lawyers on New Law Firm Launch (Read more)
       
June 2002
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MOEE To Review, Update Certificates of Approval
Protocols Posted for Updating Air, Wastewater (Sewage Works), Waste Management, Water Works

On May 30, 2002 MOEE posted four protocols for reviewing and updating Certificates of Approval. Reviews may result in demands by MOEE for additional testing or data, filing of new or updated emissions inventory, stricter emission and discharge limits, new monitoring or reporting requirements, changes to standard operating procedures, and inclusion of previously unapproved contaminant sources. Certificate of Approval amendment fees will also be charged. Facilities with multiple air approvals may be required to apply for site-wide air approvals ("Consolidated" or "Basic Comprehensive").

Update reviews may be triggered in one of four ways:

  1. application for an amendment to an existing certificate of Approval;
  2. MOEE may initiate a review based on findings from an inspection or investigation;
  3. the facility is part of a targeted sector - for example under STAC (Selected Targets for Air Compliance) or other MOEE program; or
  4. in response to public request under the Environmental Bill of Rights. (Read more)
Download:
Protocol For Updating Certificates Of Approval For Air Emissions
Protocol For Updating Certificates Of Approval For Waste Management
Protocol For Updating Certificates Of Approval For Sewage Works
Protocol For Updating Certificates Of Approval For Drinking Water Systems
       
May 2002
select    

Spring 2002- Municipal-Corporate/Industry Newsletter
- Willms & Shier Environmental Law
     
       
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JUNE 1, 2002 Deadline For Ontario Airborne Contaminant Emission Reports - O. Reg. 127/01

Industrial and commercial companies, municipalities and institutions in Classes A and B must file their first airborne contaminant emissions reports by June 1, 2002.

The following article by Doug Petrie of Willms & Shier Environmental Lawyers and Mark Vanderheyden of Rowan Williams Davies & Irwin Inc. (RWDI) appears in the May 2002 issue of Environmental Science & Engineering Magazine.

Ontario Regulation 127/01 became law on May 1, 2001. The first annual reports are due on June 1, 2002. The regulatory requirements include monitoring, record keeping and reporting on industrial, commercial and institutional air emissions of some 358 airborne contaminants. In addition to mandatory annual monitoring and reporting, some sectors may also have to file reports for quarterly and smog season emissions.

This regulation has important consequences for companies emitting reportable quantities of air contaminants. Reports will be available to the public, and eventually may be posted on pollutionwatch.org. Companies should ensure that reports are accurate and consistent with other mandatory and voluntary information filings with federal and provincial environmental authorities. Read more
       
March 2002
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Supreme Court lets INCO case stand
MOE Investigators Need Probable Cause and Warrants to Search

The Supreme Court of Canada refused the MOE's application for leave to appeal from the Court of Appeal's decision in the INCO case. The Court of Appeal clarified the important distinction between inspection conducted for abatement purposes and investigations intended to obtain evidence to prosecute companies and individuals. Once a provincial officer has reasonable and probable grounds to believe that an offence has been committed, any subsequent search for evidence is an investigation that must be conducted according to the Charter. For more details, click here to read our commentary on the Court of Appeal decision (from Willms & Shier Environmental Lawyers newsletter Summer 2001).
       
February 2002
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Administrative Monetary Penalties Draft Regulations Posted
Penalties Will Provide MOE With Compliance Leverage

The Ontario Ministry of the Environment has posted draft Administrative Monetary Penalty regulations with lists of fines. There are regulations for each of the EPA, the OWRA and the Pesticides Act. Read More
     
January 2002
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Tridan v. Shell: Appeal, January 3, 2002
Court of Appeal Cuts $800K Off Tridan Damages - No Stigma If All Contamination Cleaned Up

Ontario's Court of Appeal significantly reduced the amount of damages that Shell Canada had to pay a neighbour for a gasoline spill that contaminated the neighbour's commercial property. In its brief and pragmatic decision, the Appeal Court held that a polluter must fully compensate an injured party for all reasonable damages incurred by the pollution. This may require compensation for clean-up to standards exceeding MOE Guidelines. However, the damages must be reasonable and must be decided based on the facts specific to the site, its use and marketability. Commentary
December 2001
select   MOE Hazardous Waste Blitz - Flurry of Paper, But Most Regs To Be Phased In (Faxflash)
     
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Hazardous Waste: Flurry of Regs, Proposals, Fees For New Year

MOE’s O. Reg. 501/01 requiring annual generator registration for hazardous and liquid industrial waste takes effect January 1, 2002. Generators must register by February 15. Registration fees ($50 per report), manifest fees ($5 per manifest) and tonnage fees ($10 per tonne of hazardous waste, including waste disposed on-site) will apply. Generators must pay for the first quarter of 2002 by March 15, 2002. See the Minister’s Requirement For Hazardous Waste Fees and Appendix 11 to the Registration Guidance Manual For Generators of Liquid Industrial and Hazardous Waste (December 2001) for payment requirements. Online waste tracking (HWIN – Hazardous Waste Information Network) is scheduled to go live on February 26, 2002.
     
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PCB Proposed Reg Will Require Quick PCB Destruction

MOE published a proposed regulation for 90 public consultation (to March 18, 2002) that will require stored PCBs to be destroyed within three years of the passing of the regulation. PCBs stored at sensitive sites (schools, hospitals, parks, etc.) will have to be destroyed within one year of the passing of the regulation.
     
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Pre-Treatment Before Land Disposal Will End Ontario Haz Waste Sanctuary

MOE published the discussion paper Pre-Treatment Requirements For Hazardous Wastes Prior To Land Disposal on December 18th for 90 days of public consultation (deadline for submissions – March 18, 2002). MOE proposes to require Land Disposal Restrictions (LDR) equivalent to those in the U.S., based on the U.S. EPA Universal Treatment Standards (UTS). Imposing pre-treatment requirements equivalent to those in the U.S. is intended to both discourage imports of hazwaste from generators trying to avoid U.S. pre-treatment requirements, and reduce the amount of hazardous waste generated in Ontario.
     
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Winter 2001 - Municipal-Corporate/Industry Newsletter
- Willms & Shier Environmental Law - pdf format
       
   

V. MacLean Q.C. Joins Up
Court Upholds Livestock Cap

  • West Perth By-law Stands

    • Engagements of Note
    		Mandatory P2 Planning Update
  • Toronto P2 Summaries Due
  • CEPA 1999-P2 Under Development
    New Municipal Act - Royal Assent
    		•
         
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    Toronto Pollution Prevention (P2) Plan Summaries Due December 31, 2001

    The Toronto Sewer Use By-law requires that businesses in the following sectors prepare P2 Plans and file Plan Summaries by December 31, 2001: Read More
         
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    Oak Ridges Moraine Conservation Act, 2001 Is Now Law

    The Act takes effect retroactively to November 16, 2001. Royal Assent was given December 14, 2001. - Download the Acrobat version here.
    Visit the Ontario Legislature page for Bill 122 for background information, press releases, etc.
         
    October/November 2001
    select   Brownfields Bill Passes - Implementation Will Take Time(Faxflash)
         
    select   Province Proposes Building Code Administration Overhaul
    On November 1, 2001 a new Bill called An Act to Improve Public Safety and to Increase Efficiency in Building Code Enforcement was introduced by Chris Hodgson, Minister of Municipal Affairs and Housing. Intended to take effect in two years, the Bill would require many design and inspection participants to meet prescribed levels of knowledge, require builders to maintain prescribed levels of insurance, require municipalities to meet time deadlines for building permit approvals, allow municipalities to outsource plan review and inspections and limit building permit fees.
         
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    MOE Updates Contaminated Site Liability Policy

    On October 17th the MOE posted an update to it’s Compliance Policy F-2 concerning liability of owners, former owners, landlords, mortgagees and others to clean up or pay for remediation of contaminated sites. Read More
         
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    New Municipal Act, 2001– Bill 111

    On December 12, 2001 Bill 111 – the Municipal Act, 2001 received Royal Assent. Download an Acrobat version here. The new Act will take effect January 1, 2003. For more comments see Willms & Shier Winter 2001 newsletter.
         
    select  

    Fall 2001 - Municipal-Corporate/Industry Newsletter
    - Willms & Shier Environmental Law

    - -pdf format - - rtf format
         
       

    Compliance/Enforcement

  • Air Reg. Update - Reporting
  • Fisheries Act Compliance Policy
  • ECO Report - Good Reading

    • The Courts
  • Pyke Odour Damages Upheld
  • Tridan appeal date set
  • SCC Nixes MTO Protection in Highway
    Asphalt Dump Lawsuit
    		• Contaminated Sites
  • Brownfields Bill Update

    • Municipal Law
  • New Municipal Act To Rise Again
  • Municipal EMS Pilot
  • Nutrient Management Update
    		•
         
    select  

    Environmental Minister Witmer to Speak At Brownsfields Conference

    Willms & Shier is a sponsor, and Marc McAree and Doug Petrie will be presented at Managing Contaminated Land and Brownfield Redevelopment presented by (AWMA-OS) and OSEM at the Waterloo Inn in Waterloo Ontario on November 14 and 15, 2001. MOE Minister Witmer, MMAH Deputy Minister, Robert Fung and more than 60 other experts will be spoke on topics of vital interest to developers, municipalities, planners and environmental professionals.

    Willms & Shier lawyers are presented at a number of important conferences in October and November. See our Conference Calendar to download details.

         
    September 2001
    select  

    Technical Standards and Safety Act and Regulations
    New Codes/Higher Fines/Director's and Officer's Liability

    In effect since June 27, 2001, the Technical Standards and Safety Act 2000 consolidates inspector’s powers to make orders and seek enforcement under regulations and Codes for fuel storage and handling, propane equipment and boilers and pressure vessels. The new Act is administered and enforced by the privately-run Technical Standards and Safety Authority (TSSA).

    Directors and officers are now exposed to prosecutions for failing to take all reasonable care to prevent the corporation from committing any offence under the Act or regulations. The penalty for directors and officers is a maximum of a $50,000 fine and one year imprisonment. Corporate maximum fines have been increased to $1 million.

    An awkward complex of regulations, Code adoption documents and Codes replaces the old system. To ensure compliance each regulation, the Code adoption document and Code must be checked. For example, several of the Code adoption documents contain specific exemptions or amendments to Canadian Standards Association (CSA) Codes. Commentary.

         
    select  

    Fisheries Act Habitat and Pollution Compliance Policy Consultation

    Environment Canada has released the Compliance and Enforcement Policy for the Habitat Protection and Pollution Provisions of the Fisheries Act for consultation. The consultation period ends October 30, 2001. You can download the consultation draft here.

         
    select  

    Clear Language Transportation of Dangerous Goods Regulations
    Regs Come Into Force August 15, 2002

    New Clear Language TDGA Regulations have been finalized, and will take effect on August 15, 2002. The Regulations were published in Canada Gazette Part II on August 15, 2001. The one-year delay is intended to allow companies to deplete inventories of existing forms and to update employee training to comply with the regulations. The regulations are available online at the Transport Canada site.
         
    August 2001
    select  

    Summer 2001 - Municipal-Corporate/Industry Newsletter - Willms & Shier Environmental Law

  • Court of Appeal Says MOE Investigators Need Warrants
  • Supreme Court Turbocharges Municipal Powers
  • Livestock Agriculture and Nutrient Management
  • Bill 81 - Nutrient Management Act
    pdf format
    rtf format
    		•
    July 2001
    select   Cutting Red Tape for Haz Waste Generators - NOT - see Witmer Press Release(Faxflash)
     
    June 2001

    select

    		  Nutrient Management Act, 2001 Introduced
        On June 13 OMAFRA Minister Brian Coburn introduced Bill 81 for First Reading. Click here to download the Acrobat version (.pdf).

    As currently drafted, the Act is mainly procedural. It would rely on a multitude of regulations to set the standards for nutrient management plans and practices.     Commentary
         
    select   Spring 2001 - Municipal-Corporate/Industry Newsletter - Willms & Shier Environmental Law

    COMPLIANCE / ENFORCEMENT CONTAMINATED SITES
    • Online Compliance: W&S Site
    • Ontario Ups Enforcement
    • Air - Monitoring / Reporting Reg.
    • Air - Standards / Risk Mgmt
    • Air - New Dispersion Models
    • Due Diligence: MacBlo Succeeds
    • Pollutionwatch.org
    • Brownfields Bill No Quick Fix
    • Tridan Appeal In Works
    MUNICIPAL LAW
    • Development Permits Coming
    • Nutrient Management
      • West Perth Appeal
      • Legislation Coming?
    pdf format  
    rtf format  
    May 2001
    select   Brownfields Bill Released
        First reading of the complex Bill 56 - Brownfields Statute Law Amendment Act, 2001 was tabled in the Legislature on May 17, 2001. - Commentary
         
    select   Oak Ridges Development Freeze
        Oak Ridges Moraine Protection Act, 2001(Bill 55) was passed in the Legislature on May 17, 2001. The Act will freeze development on the Moraine for six months.
         
    select   MOE Airborne Monitoring and Reporting Regulation Now Law - Industries, Municipalities Must Track, Report On 358 Substances (Faxflash)
         The New Regulation, Guide and supporting documents are posted in the Willms & Shier Compliance Centre.
    April 2001
    select   Pollutionwatch Site Goes Live
        Canadian environmentalists posted a new site http://www.pollutionwatch.org that allows members of the public to get information on the quantities of pollutants released by companies in their communities. The data from the 1999 NPRI is processed and presented in a simplified series of graphs, ranking companies on the basis of cancer and noncancer risks, toxic risks (liver, neurotoxicity, etc.) and the rank of the company for general pollution.

    The site designers have focussed on air and water releases for risk ranking. One criticism in past of NPRI data was that responsible companies with up-to-date onsite waste disposal practices were disproportionately penalized when landfilled waste was lumped together with potentially more harmful air and water releases.

    Companies, and communities will be startled by the stark characterizations delivered by this electronic reinterpretation of the NPRI data. The site is the work of the Canadian Environmental Law Association, Canadian Institute for Environmental Law and Policy and the Canadian Environmental Defence Fund. Additional funding came from several private organizations.
         
    March 2001
    select   Ontario MOE Moves Air Emissions Regulatory Program Forward
        In March 2001 MOE posted a number of regulatory proposals and new standards on the Environmental Registry. - Commentary
       
     
         
    select   Welcome Brownfields Changes Coming - MMAH Issues Sketchy Details Commentary
         
     February 2001
    select   MOE Consultant Reports on MOE's Future
        The MOE has released the Valerie Gibbons Report on Best Practices for the MOE. The Report was commissioned by the Government to evaluate the status of MOE staff and operations, and provide recommendations on how the MOE should operate and what it should do.

    The Report calls for major restructuring and revisioning that would extend across the entire government.

    The Link provides access to the executive summary, the 329 page Volume 1 of evaluations and recommendations and the 13 background papers of Volume 2 - in all about 12 MB in .pdf (Acrobat) format.

    The recommendations would require an extensive commitment of government resources and leadership, and would take 3 - 5 years at least.
         
    select   Ontario Government Opens E-laws Site
        Ontario has just posted a frequently updated site containing searchable versions of all Ontario laws and regulations. Amendments are to be added no later than 14 days after they take effect. You can find a link to the E-laws site in Willms & Shier Resources.
         
    select   Hazardous Waste Amendments Impact Uncertain
        As the March 31, 2001 deadline approaches, a climate of uncertainty surrounds the amendments to Reg. 347 that extend the definition of hazardous waste and introduce the tougher TCLP leachate test. One area of uncertainty is the impact of new leachate test requirements on contaminated site clean-up. Consultants tell us that preliminary modelling results suggest that some soils that meet clean-up criteria under MOE clean-up guidelines may test as hazardous waste under the TCLP for some water-soluable contaminants. However, comprehensive TCLP testing is expensive, and conclusive results will not likely be widely available until after the regulation has taken effect and actual soil testing has been undertaken.

    Unfortunately, since the MOE has never finalized a materials management policy to deal with inert and slightly contaminated soils, there is no clear guidance on the relationship (if any) between the new hazardous waste definition and the clean-up guideline. We understand that MOE officials have been conducting workshops discussing various approaches to consultants, but, absent written MOE policy, their comments are not binding on the MOE, nor can they be relied on in the courts.

    The MOE has to deal with this soon, however, in order to support the government's purported push to facilitate brownfield redevelopment so that the Toronto Waterfront / Olympic clean-up can happen.
         
    January 2001
    select   Let's Regulate Factory Farms
       

    Article published in The Lawyer's Weekly - January 5, 2001

    December, 2000
         
    select   Winter 2000 - Municipal-Corporate/Industry Newsletter - Willms & Shier Environmental Law
         
    November, 2000
         
    select   Industrial/Municipal Airborne Contaminant Reporting Regs.

    MOE Postpones Regulation Until "Later" in 2001 - W&S thinks not until 2002!
         
    select   Hazardous Waste Amendments Take Effect March 31/01
        Amendments to Reg. 347 published in the Ontario Gazette October 28/00 mean more of your waste stream will be subject to regulatory controls over manifesting, transportation, handling and disposal.
         
        The regulations add:
        a) a new "derived from" rule
        b) a more stringent leachate toxicity testing procedure; and
        c) 130 new wastes and water chemicals to Reg. 347 special waste schedules.
        For comments and background see MOE Hazardous Waste Regulatory Bulletin (March 2000)
         
        Regulations and Documents
       
       
       
    select   A Trash Circus
        Barry Spiegel's Lawyers Weekly column (October 27/00) discusses the Adams Mine/Rail Cycle North debacle and the environmental process and policies behind it.
         
    October, 2000
    select   Ontario MOE Introduces "Toughest Environmental Penalties" Bill Increases Maximum Fines, Administrative Penalties (AMPs) (Faxflash)
         
    select   Fall 2000 - Municipal-Corporate/Industry Newsletter - Willms & Shier Environmental Law
       
    Government Spotlights "Brownfield" Development
    • Adopts Creative Work of Leading Municipalities
    • Deceptively Simple Planning Model
    • Municipal Financial Tools For Planning and     Development     		 
    MOE SWAT Team Looking for High-Profile Targets

    NAFTA Arbitration Award
    • Mexico Must Pay U.S. Company $17M For Denying Hazwaste Disposal Permit
       
    Air Emissions Reporting Reg.
    • MOE To Implement Mandatory Reporting For Industry By Jan. 1     		 

     

    • Engagements of Note
       

     

    Brownfields Initiatives     		   
           
    select   Brownfields Documents – 2000 (Municipal Affairs and Housing)
       
    Municipal Contaminated Land Planning Process Info Sheet (MMAH)
    MMAH Brownfields Showcase Homepage
       
    Municipal Financial Tools For Planning and Development     		 
    September, 2000
    select   MOE Swat Team Looking for High-Profile Targets (Faxflash)
         
    August, 2000
    select   Environmental Framework Falling Apart - Slash and Crash Strategy Fails The Public
        Barry Spiegel's Lawyers Weekly column (August 2000) discusses the roots of Ontario's declining environmental protection framework.
         
    July, 2000
    select   Summer 2000 - Municipal Newsletter - Willms & Shier Environmental Law(Newsletter) select Summer 2000 - Corporate/Industry Newsletter - Willms & Shier Environmental Law(Newsletter)
        • Building Inspectors Must Get Tough - Supreme Court of Canada
    • MOE’s Drinking Water Regs
    • Ammonia to be CEPA Toxic-Municipal WWTPs Target?
    • Sewer Use By-Law Update
    • Municipal Groundwater Protection - Legal Tools
    • Municipal Surplus Land Sales
    • MOE Tax Sale Agreement
    • Contaminated Site Workshops
    • MOE’s Get Tough Policy
    • Municipalities And NPRI
    • Ontario - Municipalities - New Air Emission Reporting Regs.
    • Oak Ridges Moraine Bills
    • Federal Species At Risk Act         		  • Penalties Tax Deductible
    • Large Civil Clean-up Award
    • Stinky Farm Must Pay Neighbours
    • $5M Contaminated Land Lawsuit
    • Moe - More Orders, Less Deals
    • Feds Post New Draft Policy
    • NPRI Expanded for Year 2000
    • IPSCO Loses NPRI Challenge
    • Ontario - Industry Air/Reporting
    • Feds- P3 Planning Handbook
    • Haz Waste Regulatory Update
    • Toronto’s New Sewer By-law
    • MOE Contaminated Site Workshops
    April, 2000
    select CEPA 1999 Proclaimed
      The new Federal Environmental Registry has an electronic copy of the Canadian Environmental Protection Act, 1999 and other links, background documents and regulations related to CEPA.
           
    March, 2000
    select NPRI
    NPRI 2000 notices in accessible format, plus links to 1999 and 2000 notices and other information    		 select NPRI Update, March 2000
    Willms & Shier Bulletin: This Bulletin highlights the complex new reporting requirements and new substances and thresholds introduced in the 1999 and 2000 NPRI Notices. The bulletin includes links to NPRI information.
    select MOE Hazardous Waste Regulatory Bulletin, March 2000
    Willms & Shier Bulletin: The Ontario MOE has taken recent steps to toughen the regulation of hazardous waste. New and proposed changes will affect waste processing, recycling, hauling and disposal. Some of the changes will harmonize with U.S. EPA rules and proposed federal regulations. A significant number of industrial substances may be recharacterized as hazardous waste, requiring special treatment and disposal at additional cost. The changes are outlined in the bulletin..    		    

    December, 1999 November, 1999
    Fall 1999 (Newsletter)
       
    March, 1999 February, 1999
       
    January, 1999
       
    August, 1998 July, 1998
       
    June, 1998 March, 1998
       
    February, 1998 January, 1998
    • Feds and Provinces Wrangle Over Power -- Municipal Costs, User Fees Increase (Newsletter)
      • Resurrecting the new CEPA
      • NPRI update - more substances, more paperwork, more disclosure
      • Privatizing Safety - Ontario's new TSSA MOE reg. reform - cautious reforms, bunco timetable
      • Waste reg. proposal complicates industrial recycling
      • Hydro-Quebec - SCC upholds CEPA while Ontario dumps Fisheries Act
       
    December, 1997 November, 1997
       
    September, 1997 July, 1997
    • Newsletter
      • Super Lien Provisions Pass
      • New Environmental Appeals Tribunal
      • Ontario Court Names To Change
      • Employees Now Compellable Witnesses
      • Government Not Liable For Reneging on Licence
      • Tony's Broadloom Appeal Dismissed Vendor Not Liable For Not Disclosing Contamination
      • Willms & Shier Municipal Seminars
      • Natural Person Powers, Environmental Responsibilities
      • Municipal Liability Reduced, Clarified
      • Freedom Of Information Concerns
      • Contaminated Land Liability
      • Environmental Assessment Reform
      • Storage Tank Regulation Book

    • MOEE Intransigent On Contaminated Land Liability -- Proposed Interim Liability Policy Ignores Fairness Decisions
       
    June, 1997 May, 1997
       
    April, 1997 February, 1997
       
    January, 1997