Affordable Housing and the Planning Act Authority for Parkland Dedication and Cash-in-Lieu
“You can neither lie to a neighbourhood park, nor reason with it. ‘Artists conceptions’ and persuasive renderings can put pictures of life into proposed neighbourhood parks or parks malls, and verbal rationalizations can conjure up users who ought to appreciate them, but in real life only di…
View the post titled Affordable Housing and the Planning Act Authority for Parkland Dedication and Cash-in-LieuOntario Court of Appeal Provides Succinct Overview of Regulation of Sewage Works
On January 31, 2019, the Ontario Court of Appeal released its decision in Belwood Lake Cottagers Association Inc. v. Ontario (Environment and Climate Change), 2019 ONCA 70. The decision turned on the interpretation of “lot or parcel of land” in the Ontario Water Resources Act, R.S.O. 1990, c…
View the post titled Ontario Court of Appeal Provides Succinct Overview of Regulation of Sewage WorksCity of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries Act
On January 31, 2019, the Corporation of the City of Kawartha Lakes resolved charges laid against it under the Fisheries Act by entering into a “diversion agreement” which will see the charges withdrawn in exchange for the city taking the following actions: paying $75,000 to the Environmental…
View the post titled City of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries ActConservation Ontario’s 2019 Budget Consultation Submission
Conservation Ontario, the non-profit association that represents Ontario’s 36 Conservation Authorities, has made their submission for the 2019 Ontario Budget Consultation publicly available on their website, and here’s what we’ve learned: The Province of Ontario currently provides Ontario’s …
View the post titled Conservation Ontario’s 2019 Budget Consultation SubmissionProposed new “Open-for-business” by-law authority scrapped
On Wednesday January 23, 2018, the Ontario Minister of Municipal Affairs and Housing announced that the government would not be proceeding with Schedule 10 of Bill 66. As I wrote here, Schedule 10 proposed to give municipal governments expanded authority under their Planning Act, section 34,…
View the post titled Proposed new “Open-for-business” by-law authority scrapped10 Year Review of Ontario’s Endangered Species Act
On January 18, 2019, the Ontario government gave notice on the Environmental Registry that that they were conducting a ten [10] year review of the Endangered Species Act, R.S.O. 2007 (the “Act”) (which came into effect on June 30, 2008). A Discussion Paper produced by the Ministry of the Env…
View the post titled 10 Year Review of Ontario’s Endangered Species ActOntario Environmental Review Tribunal Upholds Another Wind Turbine Approval
On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v.…
View the post titled Ontario Environmental Review Tribunal Upholds Another Wind Turbine ApprovalOntario Extends Moratorium on Issuing Water Taking Permits to Bottled Water Companies
On December 21, 2018, the Ministry of the Environment, Conservation and Parks posted its decision to extend the moratorium on issuing water taking permits to bottled water companies until January 1, 2020. Pursuant to section 34 of the Ontario Water Resource Act, water bottling facilities mus…
View the post titled Ontario Extends Moratorium on Issuing Water Taking Permits to Bottled Water Companies“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…
View the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection PowersOntario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines.[1] A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…
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