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Published on: 10 Feb 2014 By (Dianne Saxe)

De-polluting end of life vehicles, at last?

After years of effort by Ontario’s mainstream auto recyclers, in cooperation with automobile manufacturers, the Ministry of the Environment is getting close to a permit-by-rule system for recycling end of life vehicles. Given the elaborate market that already exists for vehicle recycling, this is far better than the MOE’s standard “extended producer responsibility” model for...

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Published on: 18 Oct 2011 By (Dianne Saxe)

Escheat is very popular

One of the popular ways of dealing with contaminated sites that are “underwater” i.e.   where the economic value of the property does not justify remediation, is to abandon it by letting it escheat to the Crown. Escheat  happens when a corporation is dissolved, leaving no one to receive its property, or when a person...

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Published on: 10 Jul 2013 By (Dianne Saxe)

$150,000 fine and jail for illegal non-hazardous waste dumping

Penalties for environmental offences continue to rise. North Shore Express Ltd was fined $150,000 and its owner sentenced to 30 days in jail and two years’ probation for depositing non-hazardous sludge contrary to the terms of its environmental compliance approval. Daniel Andrew Tiessen owns and operates North Shore Express Ltd., in Leamington, Ontario. The company is...

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Published on: 22 Mar 2012 By (Dianne Saxe)

Creditor or regulator? Nortel, the MOE and environment v insolvency

If there are continuing operations, there has to be ongoing compliance with environmental legislation. But if there are no ongoing operations, the environmental regulator has to rely on its security, failing which it has unsecured status.

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Published on: 7 Jan 2010 By (Dianne Saxe)

Reg. 511/09: did they really mean this?

Some of the previously unannounced Reg. 511/09 amendments to Ontario’s brownfields regulation, 153/04, seem to have unexpected effects. For example, wells for dewatering or for groundwater treatment may now require every property within 250 metres to use potable (not non-potable) cleanup standards. This is how it works:

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Published on: 18 Apr 2013 By (Dianne Saxe)

Unlimited personal no fault liability for directors and officers?

The Ontario government argued in Superior Court on April 18 that former corporate directors and officers have presumptive, unlimited, personal, no-fault liability to orders to pay all environmental costs associated with the assets of their former corporation, or of the subsidiaries of that corporation. Northstar Aerospace (Canada), which is now bankrupt, owned 695 Bishop Street,...

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