Another Migratory Bird Convention Act Conviction for Harm to Bank Swallows
On February 9, 2017, a construction company pled guilty to offences under the Migratory Birds Convention Act, 1994 (“MBCA”) for the destruction of Bank Swallow eggs, nests and nest shelters. This resulted in fines of $7,500 to be directed to the Environmental Damages Fund. Enforcement office…
View the post titled Another Migratory Bird Convention Act Conviction for Harm to Bank SwallowsLogging companies fined $2.2 million under the Fisheries Act
On January 9, 2016 following convictions under the Fisheries Act in 2015, three companies were fined $2.2 million in a B.C. Provincial Court, for offences dating back to October 2010. The fines were imposed under the former Fisheries Act provisions for the “harmful alteration, destruction an…
View the post titled Logging companies fined $2.2 million under the Fisheries ActSignificant Fisheries Act fine issued to owner of Quebec refinery
Valero Energy Inc., the owner of the Lévis, Quebec-based Jean-Gaulin Refinery, has received a $500,000 fine for violating the Fisheries Act. Reportedly, in 2008, the company accidentally released some 200,000 litres of heavy fuel oil into a stream that flows into the Saint-Lawrence River. En…
View the post titled Significant Fisheries Act fine issued to owner of Quebec refineryHudson Bay Company ordered to pay $765,000 for PCB Violations
Last December, the Hudson’s Bay Company was fined for a large release of PCBs into the St. Lawrence River in 2011. The release involved 146 kg of PCBs, exceeding the permitted amount by 146,000 times, though it was estimated that 48 kg were discharged into the St. Lawrence. On December 7, 20…
View the post titled Hudson Bay Company ordered to pay $765,000 for PCB ViolationsThe Canadian Government is Considering Coal Mining Effluent Regulations
The federal government is contemplating the introduction of new limits on effluent discharges from coal mines. The new regulations are proposed to be introduced under the Fisheries Act and would limit the levels of suspended solids, nitrates, and selenium that can be discharged and would req…
View the post titled The Canadian Government is Considering Coal Mining Effluent RegulationsOntario Announces Continuation of Offshore Wind Turbine Moratorium
Ontario announced earlier this week that it would be extending its moratorium on offshore wind turbine projects. The province had initially announced the moratorium back in 2011. The government has indicated that it requires further research before authorizing the development of off-shore wi…
View the post titled Ontario Announces Continuation of Offshore Wind Turbine MoratoriumNational Energy Board Hearings for Energy East Starting Over
A month and a half after Minister Carr appointed three new panel members to the National Energy Board, the Energy East pipeline review will be starting over from the beginning. We reported in December that the Minister appointed the new members to the Board following the recusal of the forme…
View the post titled National Energy Board Hearings for Energy East Starting OverWhat is Environmental Due Diligence?
Due diligence is an extremely important concept in environmental regulation and compliance. When properly done, it provides a defence to regulatory charges or, at least, can mitigate the amount of fines imposed. Environmental due diligence is primarily a proactive activity. It involves takin…
View the post titled What is Environmental Due Diligence?Provincial Environmental Assessments and Climate Change
As we have previously written, the federal government is currently undertaking a review of a suite of environmental regimes. This review includes both the federal environmental assessment (EA) regime and the National Energy Board (NEB), which conducts assessments of proposed pipeline project…
View the post titled Provincial Environmental Assessments and Climate ChangeThe Vexing Problem Of Limitations In Environmental Cases Rises Again
Last August, we reported on recent case law dealing with the difficult question of how to determine limitation periods in environmental claims. In the January 2017 Court of Appeal decision of Crombie Property Holdings Limited v. McColl-Frontenac Inc., the court overturned the trial court’s d…
View the post titled The Vexing Problem Of Limitations In Environmental Cases Rises AgainReceive Blog Posts
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