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Published on: 25 Jan 2019 By

Proposed 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,…

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Published on: 23 Jan 2019 By

10 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…

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Published on: 21 Jan 2019 By

Ontario 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.…

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Published on: 16 Jan 2019 By

Intervenors Permitted for Carbon Pollution Pricing Case

Today the Court of Appeal granted intervenor status to both individuals and organizations in the Ontario Reference case scheduled to be heard for April 15 – 18. The Province of Ontario has filed a reference case challenging the federal carbon pollution plan after cancelling Ontario’s emissio…

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Published on: 9 Jan 2019 By

Ontario 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…

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Published on: 7 Jan 2019 By

New York State Sues Companies for $38M in Remediation Costs

In June 2018 the State of New York sued 3M Co. and five other companies for the costs associated with the remediation of hazardous materials caused by the firefighting foam manufactured by these six companies. This is the first lawsuit of its type filed by a U.S. state against private compan…

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Published on: 2 Jan 2019 By

Ontario’s Environment Plan and Reduction of Sulphur Dioxide Emissions Regulation

On November 28th, 2018 the Ministry of Environment, Conservation and Parks (MECP) posted its climate change plan as part of its environmental plan. Preserving and Protecting our Environment for Future Generations: A Made in Ontario Environment Plan (“Environment Plan”) appears to commit Onta…

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Published on: 20 Dec 2018 By

“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…

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