Endangered Species Regulation Upheld at Court of Appeal
In a decision released last month, Wildlands League v Ontario (Natural Resources and Forestry), 2016 ONCA 741, the Court of Appeal has held that a regulation made under the Endangered Species Act (“ESA”) is valid. The regulation exempts certain industrial activities from the ESA’s prohibitio…View the post titled Endangered Species Regulation Upheld at Court of Appeal
ERT concludes turbine project will cause serious harm to human health
The Environmental Review Tribunal (“Tribunal”) has for the first time concluded that a wind turbine project would cause serious harm to human health. The Tribunal also concluded, as it did in an earlier case, that the project would cause serious and irreversible harm to an endangered bat spe…View the post titled ERT concludes turbine project will cause serious harm to human health
When is a pit a “pit”?
The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of “pit” under section 1(1) of the Aggregate Resources Act (“ARA”). AJL Janssen Landscaping (“AJL”) is a landscaping, road building, excavation, drilling, and…View the post titled When is a pit a “pit”?
More Stringent Regulatory Requirements – Water Taking
The Ministry of the Environment and Climate Change (“MOECC”) has posted a draft regulation to the Environmental Registry proposing to establish a moratorium on the issuance of new or increasing permits to take water for the purposes of water bottling. We previously blogged about the water ta…View the post titled More Stringent Regulatory Requirements – Water Taking
$65,000 in Fines for Importing Prohibited Small Engines
On September 14, 2016, a gas-powered equipment merchant was ordered to pay fines totalling more than $65,000 for violating the Off-Road Small Spark-Ignition Engine Emission Regulations under the Canadian Environmental Protection Act (“CEPA”). The company owner plead guilty to four counts of …View the post titled $65,000 in Fines for Importing Prohibited Small Engines
$12,000 Fine for Failing to Submit Records
A sole proprietor of a drinking water well company was fined $12,000 plus the twenty-five per cent victim fine surcharge by the Ministry of the Environment and Climate Change. The sole proprietor was convicted for maintaining four separate drinking water wells at two locations in the Peterbo…View the post titled $12,000 Fine for Failing to Submit Records
Bottled water battles continue
Recently, the Township of Centre Wellington—a small, growing municipality in Ontario—lost a bid for rights to a well, and potential drinking water supply for its residents. Surprisingly, it lost its bid for the well to Nestle Waters Canada, Canada’s largest distributer of bottled water. Nest…View the post titled Bottled water battles continue
$900,000,000 Class Action launched against Ontario for flooding in Muskoka Lakes
Residents of Muskoka launched a $900,000,000 class action against the Ontario Ministry of Natural Resources and Forestry (“MNRF”) on September 14, 2016. They allege damages related to “[MNRF’s] failure to adequately manage and lower the water levels of Lake Joseph, Lake Muskoka and Lake Rous…View the post titled $900,000,000 Class Action launched against Ontario for flooding in Muskoka Lakes
Imperial Oil fined $650,000
On September 19th the Imperial Oil refinery and chemical plant located in the City of Sarnia pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000 in addition to the 25% vic…View the post titled Imperial Oil fined $650,000
Failure to Notify brings $150,000 Fine Despite no Damage to Property
Two companies, Consbec Inc. and Bruman Construction Inc., were fined a collective total of $150,000 for failing to notify the Ministry of the Environment and Climate Change (“MOECC”) of a fly-rock discharge. Bruman owns and operates an aggregate quarry located in North Bay. Consbec was hire…View the post titled Failure to Notify brings $150,000 Fine Despite no Damage to Property
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