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Published on: 30 Jun 2010 By (Dianne Saxe)

Drive Clean tweaked

Ontario’s  vehicle emissions control program, Drive Clean, is getting a tuneup. Amendments to Ontario Regulation 361/98[i] (Motor Vehicles) under the Environmental Protection Act will modernize the Drive Clean program.[ii] By December 12, 2012, the Acceleration Simulation Mode (dynamometer) tailpipe test will be replaced with: [iii],[iv]

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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: 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: 24 May 2011 By (Dianne Saxe)

Water meters inexorable

Pay for use or flat rates? Flat rates are often popular, but they are poor public policy. Flat rates encourage waste. Flat rates discourage conservation of water and energy, and devalue their importance. Flat rates make conscientious citizens pay for the bad habits of wasteful neighbours. And flat rates are generally too low to pay...

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Published on: 9 Dec 2015 By

Bird-building collisions and ECAs

The Ministry of the Environment and Climate Change (“MOECC”) has posted to the Environmental Registry  (“ER”) a proposal for a draft regulatory amendment to exempt reflective building surfaces (such as the windows of office buildings) from requiring an Environmental Compliance Approval (“ECA”). (Unfortunately, the date for providing comments has just passed). Reflective building surfaces are...

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Published on: 3 Jun 2016 By

New Trails Legislation Introduced in Ontario

Just in time for the upcoming summer holiday season, Ontario has passed new legislation designed to improve and protect the province’s trails system. The new act, the Supporting Ontario’s Trails Act, 2016, act introduces a new piece of legislation, the Ontario Trails Act, 2016. The Ontario Trails Act, 2016 aims to (s. 1): To increase...

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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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Published on: 20 Apr 2016 By

Dry Cleaner Sentenced to House Arrest for Improper Storage of Tetrachloroethylene

An Edmonton businessman and owner of a dry cleaning operation, First Class Cleaners, was given an four-month conditional sentence on that is to be served in the community. The owner of First Class Cleaners plead guilty to five Canadian Environmental Protection Act offences relating to the use of tetrachloroethylene (also known as perchloroethylene or PERC)....

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Published on: 22 Apr 2016 By

Endangered Species Litigation in Court of Appeal

Earlier this week, two environmental groups, Wildlands League and Ontario Nature (the “Appellants”), were in the Court of Appeal for Ontario seeking to have struck down a 2013 regulation that significantly altered the regime for protecting species at risk in Ontario. When initially introduced in 2007, the Endangered Species Act (the “Act”) was hailed as...

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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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