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Published on: 18 Nov 2007 By (Dianne Saxe)

Giving the MOE False Information?

An environmental consultant and his firm have been heavily penalized for the serious offence of giving false information to the Ministry of the Environment. The consultant, Ron Carter, was hired to sample the notorious Bakelite site for PCBs. While some of his samples did detect PCBs, he told the MOE that all the samples had...

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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. Geil, 2018 ONCA 1030, a municipal by-law officer...

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Published on: 15 Aug 2018 By

Federal Government Announces Funding for Four Projects Under the Environmental Damages Fund

The Environmental Damages Fund was established in 1995 to direct money received from fines and payments for environmental offences under 10 federal environmental statutes to worthy environmental projects. Eligible projects must be located in the region in which the offence occurred and address one of the following categories: Restoration, Environmental Quality Improvement, Research & Development,...

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Published on: 2 Aug 2018 By

How Ontario Regulates the Prevention and Containment of Forest Fires

Forest fires in Northern Ontario have been cause for alarm during the last two weeks, with residents in multiple communities being forced to evacuate their homes to escape the flames. Particularly affected is the Parry Sound District, as a result of the fire known as “Parry Sound 33”. This fire remains uncontrolled and spans 10,139...

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Published on: 25 Apr 2018 By

Combined EPA/OHSA Fine of $5.3 Million Upheld

The explosions that occurred at a propane facility in Toronto in 2008 are difficult to forget. The explosions resulted in the catastrophic death of a worker, damage to surrounding homes and an area wide evacuation. On appeal an Ontario judge upheld a combined EPA and OHSA fine in the amount of $5.3 million, plus the...

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Published on: 4 Dec 2017 By

$105,000 Fine for Failing to Comply

On November 24, 2017, the sole Director and Chief Executive Officer of Copper Cliff Metals and Wrecking Corp. pled guilty to one offence under the Environmental Protection Act (EPA) for failing to comply with a Court Order. The corporation operated an approved waste disposal site in the Regional Municipality of Niagara. The Ministry of the...

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Published on: 30 May 2017 By

$600,000 Fine for Sediment Discharge

On May 15, 2017, 228057 Ontario Inc. (formerly Naylor Renewable Energy Inc.) pled guilty to three offences and was fined $600,000 plus the 25 per cent victim fine surcharge for discharging sediment-laden stormwater causing the impairment water quality, failing to notify the Ministry of the Environment and Climate Change (“MOECC”), and failing to utilize best...

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Published on: 15 May 2017 By

Long-awaited changes to Ontario’s Mining Act and Aggregate Resources Act passed

Ontario has introduced changes to the Aggregate Resources Act and the Mining Act. After years of work and consultations, the changes will come into effect once royal assent is obtained. The Aggregate Resources and Mining Modernization Act introduced numerous changes to both of these Acts that are designed to facilitate the Ministry of Natural Resources...

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