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Published on: 22 Jul 2019 By

$2.9M Charge for Spill of Diesel Fuel and Lubricants

On July 16, 2019, Kirby Offshore Marine Operating LLC pled guilty to three charges of violating the Fisheries Act, Migratory Birds Convention Act, 1994, and the Pilotage Act and received fines totally $2.9 million dollars.   On October 13, 2016, the tugboat Nathan E. Stewart ran aground at E…

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Published on: 15 Jul 2019 By

Is a Healthy Environment a Fundamental Right of Citizens

On November 26, 2018 ENvironnement JEUnesse (“ENJEU[1]”) filed an application for authorization against the Government of Canada to bring a class action on behalf of all Quebec residents aged 35 and under claiming a right to a clean and healthy environment. The claim alleged that the Canadia…

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Published on: 11 Jul 2019 By

Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s Order

A July 2, 2019, judgment of the Environmental Review Tribunal in Alizadeh v. Ontario (Environment, Conservation and Parks), 2019 CanLII 62106 (ON ERT), confirms that corporate officers and directors face a high evidentiary burden to rebut the presumption that they are properly named in an En…

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Published on: 9 Jul 2019 By

Closure of White Pines Wind Facility in Price Edward County, Ontario

On July 3, 2019, the Ontario Ministry of the Environment, Conservation and Parks (“MECP”) posted its notice of decision with respect to regulations to govern the closure of the White Pines Wind Project. The White Pines Wind Project was a Class 4 Energy Project (with a nameplate capacity of 1…

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Published on: 4 Jul 2019 By

Federal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544

Last week, the Ontario Court of Appeal released its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 on the constitutionality of the federal carbon pricing scheme. The Court held that the Greenhouse Gas Pollution Pricing Act, which imposes charges for various fuel…

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Published on: 28 Jun 2019 By

Federal Carbon Tax Constitutional

Today, Ontario’s Court of Appeal found that the Federal Government’s Carbon scheme is constitutional, “regulatory in nature”, and “not a tax.” The Honourable Strathy, Chief Justice of Ontario, wrote that the Act[1] “is within Parliament’s jurisdiction to legislate in relation to matters of ‘…

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Published on: 26 Jun 2019 By

Bill C-68, the Amended Fisheries Act, receives Royal Assent

On June 21, 2019, Bill C-68, the Amended Fisheries Act, received Royal Assent and became law. The most significant change to the Act is reflected in subsection 2.1(b) of the new purpose clause: 2.‍1 The purpose of this Act is to provide a framework for (a) the proper management and control o…

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Published on: 19 Jun 2019 By

Changes to the Nutrient Management Act, 2002 Regulations Approved

On June 14, 2019, the Ontario Government announced that it will amend the regulatory regime that governs farmers’ handling of manure and fertilizer. In Ontario, the Nutrient Management Act, 2002 (the “NMA”) regulates the management of manure generated from livestock as well as the applicatio…

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Published on: 11 Jun 2019 By

Illegal Collection of Migratory Bird Eggs Results in $18,000 Fine

On March 27, 2019, three individuals in Quebec pleaded guilty to two counts each under the Migratory Birds Convention Act, 1994, S.C. 1994, c. 22, (the “MBCA”) for unlawfully disturbing migratory bird nests and unlawfully taking migratory bird eggs. The MBCA, section 5(a), makes it an offenc…

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