“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…
View the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection PowersCreative sentence for Ontario concrete company
A Sudbury ready mix concrete company, Rainbow Concrete Industries Ltd., pleaded guilty to one count under s. 30 of the Ontario Water Resources Act, for discharging concrete waste water into a Sudbury creek, and received a creative sentence plus a fine. This is good news. Creative sentences, …
View the post titled Creative sentence for Ontario concrete companyGood news for the sage grouse
As we have written before, the Greater Sage Grouse is on the verge of extinction in Canada, likely due to habitat loss related oil and gas development. Prompted by litigation, the federal government finally issued an Emergency Order to protect the grouse in December 2013. In January 2014, ex…
View the post titled Good news for the sage grouseEnforcement of PCB Regulations ramping up
Environment Canada is ramping up its enforcement of the federal PCB regulations. Surprisingly, they are finding illegal PCBs in municipal facilities. This could have serious consequences for municipalities, and for the individuals in charge.
View the post titled Enforcement of PCB Regulations ramping upFisheries Act: Weaker or Tougher?
With Bill C-38, the omnibus Budget Implementation Act, Bill C-38, the Conservative government will bring sweeping changes to Canada’s environmental landscape. To make approvals easier for oil sands projects and related pipelines, the Fisheries Act will be particularly affected. Major changes…
View the post titled Fisheries Act: Weaker or Tougher?Creative sentencing- brilliant or cheap?
The same debate recurs every few years: Are “creative” alternatives to conventional fines a brilliant innovation? Or just another way for corporate polluters to get off cheaply?
View the post titled Creative sentencing- brilliant or cheap?What's happened to federal enforcement?
In Getting Tough on Environmental Crime?, Ecojustice collates fragmentary, publicly available information to show the marked decline in federal environmental inspections and convictions since 2004.
View the post titled What's happened to federal enforcement?Congratulations to Environmental Commissioners
I am late in congratulating both the Ontario and the federal Environmental Commissioners for their invaluable annual reports, and will try to look more closely at their findings as time permits. The Ontario Commissioner emphasizes how much the Ontario Ministry of the Environment is doing wit…
View the post titled Congratulations to Environmental CommissionersLead: Another reason to worry about car races
Exposure to lead from competition vehicle emissions is a health concern for people who live near and/or attend races.
View the post titled Lead: Another reason to worry about car racesGovernment support, the tar sands, and the CEN
The Canadian Environmental Network, a central body that coordinates over 600 environmental groups, may not be around much longer. Environment Minister Peter Kent recently announced that the Federal Government will no longer be providing the funding that has always made up the bulk of the CEN…
View the post titled Government support, the tar sands, and the CENReceive Blog Posts
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