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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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Published on: 18 Dec 2018 By

Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution

The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines.[1] A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…

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Published on: 14 Dec 2018 By

Nova Scotia Supreme Court Grants Application for Judicial Review Concerning Provincial Funding for Effluent Treatment Facility

The Supreme Court of Nova Scotia has recently granted an application for judicial review relating to potential Crown funding for the construction of a new effluent treatment facility at Boat Harbour, Pictou County, Nova Scotia (the “Project”). In Pictou Landing First Nation v. Nova Scotia (A…

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Published on: 12 Dec 2018 By

Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional

UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Re…

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Published on: 6 Dec 2018 By

The 24th Conference of the Parties (COP24) Convenes in Katowice, Poland

On December 2, 2018, delegates from almost 200 nations convened in Katowice, Poland for the 24th Conference of the Parties (COP24) to the United Nations Framework Convention on Climate Change (UNFCCC). The COP24, also known as the United Nations Climate Change Conference, Katowice, Poland, 2…

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Published on: 6 Dec 2018 By

New Municipal Resources on Ontario's Drinking Water Source Protection Program

Conservation Ontario, a non-profit association that represents Ontario’s 36 Conservation Authorities, has released new resources for municipal councillors and staff on Ontario’s Drinking Water Source Protection Program. The Drinking Water Source Protection Program was implemented pursu…

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