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Published on: 29 Apr 2016 By

Environmental Assessment in the Courts

A duo of recent decisions underscore yet again the need for an overhaul of the existing environmental assessment (β€œEA”) regime. Environmental groups Greenpeace Canada, Lake Ontario Waterkeeper, Northwatch, and the Canadian Environmental Law Association (the β€œApplicants”) filed two judicial review applications of the EAs conducted as part of the proposed expansion of a nuclear power...

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Published on: 3 May 2016 By

Another Conviction under the Migratory Birds Convention Act

The Migratory Birds Convention Act, 1994 (MBCA) is again being used as a tool to protect migratory birds that are also species at risk. In early April, Bergedac LtΓ©e, and a shareholder and employee of the company, were convicted and fined a total of $12,000 for violating Migratory Birds Convention Act, 1994 for the destruction...

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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: 3 Dec 2015 By

Ontario's proposed approach to cap and trade

Last week, the Ontario Ministry of the Environment and Climate Change (β€œMOECC”) posted to the Environmental Registry its proposed approach to establishing a cap and trade regime in the province. Preferred and considered options for such a regime wereΒ are outlinedΒ in a β€œCap and Trade Program Design Options” document, upon which the MOECC is accepting comments...

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Published on: 11 Apr 2016 By

Half of World’s Natural Heritage Sites Are Under Threat

A chilling report recently released by WWF (formerly World Wildlife Fund) has found that nearly half of the world’s UNESCO-designated natural World Heritage Sites are threatened by industrial activities including oil, gas, and mineral extraction, overfishing, and illegal logging. Sadly, some of the world’s most iconic natural sites have made it onto the WWF’s list,...

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Published on: 8 Jan 2016 By

TransCanada to sue US under NAFTA over Keystone XL decision

Calgary-based pipeline company TransCanadaΒ has filed a Notice of Intent to Arbitrate (“Notice”) under article 11 of the North American Free Trade Agreement (“NAFTA”). It issued the Notice in response to US president Barack Obama’s November 6, 2015Β refusal to grant theΒ necessary approval to complete construction ofΒ Keystone XL, a proposed trans-national pipeline that would deliver crude oil...

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Published on: 30 Apr 2010 By (Dianne Saxe)

PCBs in fish

PCBs in your fish dinner? Polychlorinated biphenyls (PCB) were used for decades in industry and to make electrical equipment like transformers and capacitors.[i] They are slow to break down and hard to destroy.Β  PCB are known carcinogens and have been linked to adverse reproductive, immune, nervous and endocrine effects, among others.[ii] Trace levels are found...

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Published on: 30 Jun 2010 By (Dianne Saxe)

Drive Clean tweaked

Ontario’sΒ  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: 9 Dec 2015 By

Bird-building collisions and ECAs

The Ministry of the Environment and Climate Change (“MOECC”) has posted to the Environmental RegistryΒ  (“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 (β€œECA”). (Unfortunately, the date for providing comments has just passed). Reflective building surfaces are...

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