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Published on: 15 Jun 2016 By

Court confirms PMRA’s duty to conduct special reviews of pesticides

A recent decision out of the Federal Court has confirmed the federal Pest Management Regulatory Agency’s (“PMRA”) duty to conduct special reviews. More specifically, the PMRA must conduct special reviews of any pest control product containing a special ingredient banned for environmental or human health reasons in another member country of the Organisation for Economic...

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Published on: 11 Mar 2016 By

PMRA failing to fulfill its mandate

The Federal Commissioner for the Environment and Sustainable Development (“Commissioner”) tabled her audit findings on January 26, 2016 of the management of pesticides by Health Canada’s Pest Management Regulator Agency (“PMRA”). The Commissioner reviewed PMRA’s efforts to protect Canadians and the Environment from the unacceptable risks associated with the use of pesticides. The report concluded With respect to conditional...

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Published on: 2 Feb 2016 By

Further wind litigation and the Oak Ridges Moraine: Part I

Another appeal of a Renewable Energy Approval (“REA”) for a wind turbine project has made its way to, and been refused by, the Environmental Review Tribunal (“ERT”). The appeal in SR Opposition Corp v Director, Ministry of the Environment and Climate Change, 2015 CanLII 86926 (ON ERT) concerned the construction and operation of a Class...

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Published on: 8 Feb 2016 By

PMRA intends to end conditional registration of pesticides

Health Canada recently announced that as of June 1, 2016, it intends to end the federal practice of granting conditional registrations of for pesticides. Under the Pest Control Products Act, SC 2002 c28, (“PCPA”), Health Canada’s Pest Management Regulatory Agency (“PMRA”) is tasked with evaluating prospective pest control products for entry into, and ongoing use...

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Published on: 4 Feb 2016 By

Further wind litigation in the Oak Ridges Moraine: Part II

Recently, the Environmental Review Tribunal (the “Tribunal”) allowed in part the appeal of a Renewable Energy Approval (“REA”) approving the construction of a wind turbine facility in the Oak Ridges Moraine Area in the City of Kawartha Lakes (the “Project”). The Tribunal concluded that, with respect to harm to the woodlands, neither the compensation nor...

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Published on: 11 Feb 2016 By

Feds publish proposed microbeads ban

The federal government will go ahead with a ban of microbeads in personal hygiene products. We wrote last summer about both the then-Conservative government’s announced intention to institute a ban as well as the problems to Canadian waterways posed by the presence of microbeads in personal care products such as face wash, toothpaste, and soap. The Federal government  has now...

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Published on: 10 Mar 2016 By

Energy East pipeline project faces further legal hurdles

Regional concerns over the contentious Energy East project have taken on an interesting twist recently. Quebec is seeking an injunction against the proponent of the proposed Energy East pipeline project, Trans Canada Corporation, forcing the company to submit the project to provincial environmental assessment. The request came shortly in advance of environmental hearings conducted by the Bureau...

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Published on: 8 Mar 2016 By

Little Brown Bat the latest critter to shut down proposed wind farm

The Environmental Review Tribunal (“ERT”) has again demonstrated its willingness to allow appeals of renewable energy approvals (“REA”) for wind project on the basis that it will cause serious and irreversible harm to animal life, plant life or the natural environment. In Hirsh v Director, Ministry of the Environment and Climate Change–a 123-page decision–the ERT allowed...

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Published on: 15 Mar 2016 By

The GM Salmon debate: allow, label, or outlaw?

To what extent should we continue to welcome genetically modified organisms (“GMOs”) into our food systems? The question has continued to invoke impassioned responses in recent years, with GMOs simultaneously touted by some as the salvation to global food security issues while decried by others as a menace to human health, the environment, and development. With the recent...

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Published on: 24 Mar 2016 By

Plastic-bottled water ban on the horizon in Montreal?

Not long after announcing his city’s intention to ban single-use plastic bags by 2018, Montreal mayor Denis Coderre has indicated that banning plastic-bottled water may be next. Bottled water has long been decried for its heavy environmental footprint. Not only is it unnecessary where safe and effective municipal systems exist, plastic bottles create an enormous...

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