As minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…
View the post titled As minimum fines get higher, is there a work-around?Compliance in reporting
Here are Dianne’s presentation slides on Compliance and reporting Nov 15 11 from this week’s Envirogate conference, Environmental Compliance Essentials. Bottom line: due diligence in environmental reporting has the same basic structure as any other due diligence program: identify…
View the post titled Compliance in reportingMore on Can they make you talk?
Decades after the adoption of the Canadian Charter of Rights, and Freedoms, and after thousands of Miranda warnings on TV, most Canadians think they have a right to remain silent when the government comes after them. To some extent, this is true–people pulled off the street by uniformed poli…
View the post titled More on Can they make you talk?How reliable are odour units?
345 Given that there are many steps in the process of attempting to calculate odour units which are problematic, and which contain so many points of bias and subjectivity, the Panel finds that the ultimate number or value coming out of an odour unit measurement cannot be relied upon as me…
View the post titled How reliable are odour units?Environmental fines in Canada
Nimonik has posted an interesting and original survey of environmental fines imposed in Canada from 1990 to 2009. According to the reports provided by each jurisdiction, only $26-million dollars worth of environmental fines have been levied against polluters by both provincial and federal l…
View the post titled Environmental fines in CanadaNow can they make you talk?
Most of the “Open for Business Act” changes to Ontario environmental laws won’t take effect till next year or so. But one important change has already happened: they may be able to make you talk.
View the post titled Now can they make you talk?Toxics Reduction Act rolling out
Ontario's hard-pressed manufacturers and mineral processing operations of must therefore make an important choice when they define their "processes" for the first annual report.
View the post titled Toxics Reduction Act rolling outReg. 419/05: is it better to be "conservative" or accurate?
As Reg. 419/05 is being rolled out, the MOE insists on being much more "conservative", not "accurate", in evaluating emissions. The result: many facilities are suddenly deemed to be breaking the law.
View the post titled Reg. 419/05: is it better to be "conservative" or accurate?Why isn't industry more worried about Reg. 419/05?
If wildly improbable events are the benchmark for measuring compliance, industrial facilities in urban locations will rarely “comply”.
View the post titled Why isn't industry more worried about Reg. 419/05?Receive Blog Posts
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