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Published on: 21 Nov 2012 By (Dianne Saxe)

New Guidance for Excess Soil management

The Ministry of the Environment has released its draft Best Management Practices for Soil Management in Ontario for two more months of public comment. The document outlines the MOE’s “recommendations” and “expectations” for managing the reuse of excess soils, a hugely important issue for the…

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Published on: 19 Nov 2012 By (Dianne Saxe)

Waterpower projects can't be reviewed because they don't get review?

So, waterpower development can't be reviewed by the ERT, because it gets only minimal scrutiny under the Environmental Assessment Act. Given the substantial adverse environmental impacts that waterpower development can have, it is incongruous to exempt it so fully from public review.

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Published on: 15 Nov 2012 By (Dianne Saxe)

Stadacona: Do employees know what samples to take?

Last fall, Stadacona was convicted under the (former) Fisheries Act and the Pulp and Paper Effluent Regulations. According to Environment Canada, “Stadacona General Partner Inc. pleaded guilty to having released one million litres of untreated process water into the Saint-Charles River…

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Published on: 14 Nov 2012 By (Dianne Saxe)

Want to hear my presentation on why water rates will keep going up?

Dianne’s presentation on the panel of the Financial Impact of Regulation session at the Drinking Water Leadership Summit was “exceptionally well received”, according to attendee feedback. The huge costs of the new duty of care under the Safe Drinking Water Act, which comes …

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Published on: 13 Nov 2012 By

Silence Is Golden: What happens when confidentiality provisions are breached?

Settlements with employees often include confidentiality provisions. What happens when those confidentiality provisions are breached? A recent decision of the Human Rights Tribunal of Ontario inTremblay v. 1168531 Ontario Inc. provides some useful guidance. The employer operated a Subway sto…

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Published on: 13 Nov 2012 By (Dianne Saxe)

Renewable Energy Approvals regulations amended again

The Ontario Ministry of the Environment has made more amendments to O. Reg. 359/09, the Renewable Energy Approvals Regulation. As a result of concerns raised during the last round of amendments (July 1), these amendments focus on: Re-issuance of draft site plans to reflect changes to the loc…

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Published on: 12 Nov 2012 By (Dianne Saxe)

Sector registration mandatory for solar, printing and waste haulers from November 18

Congratulations to the Approvals Reform team: The Ontario Ministry of the Environment has brought three new sectors into its Environmental Activity and Sector Registry Regulations under the Environmental Protection Act: Small Ground-Mounted Solar; Lithographic, Screen and Digital Printing; a…

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Published on: 9 Nov 2012 By (Dianne Saxe)

Bruce Power Receives $100,000 Penalty for Refrigerant handling Violations

Bruce Power Limited Partnership, operator of the Bruce Nuclear Power Plant, has pleaded guilty to one count of violating the Canadian Environmental Protection Act, 1999 (CEPA, 1999). It received penalties of $100,000 for failure to conduct an annual leak test of all the components of a refri…

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Published on: 8 Nov 2012 By (Dianne Saxe)

Twitter Moot: Common law right to a healthy atmosphere?

Saxe Law Office is proudly sponsoring the environmental law Twitter Moot for the second year. The question being debated by Canadian law students (in 140 characters or less) is: Do Canadians have a legally recognized right to a healthy global atmosphere? If so, large scale emissions of green…

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Published on: 7 Nov 2012 By (Dianne Saxe)

New fee for Ontario environmental sector registry

As of October 28, 2012, the Ministry of the Environment now charges $1,190 to register an activity in the an Environmental Activity and Sector Registry (EASR). See EBR Registry Number: 011-6549. This is part of a general raising of fees across the Ontario government, as recommend by the Drum…

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