Public access to approvals documents at Environmental Review Tribunal
Per two of our recent victories at the Environmental Review Tribunal, the public has a limited right of access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, when seeking leave to appeal that ECA. In Briml…
View the post titled Public access to approvals documents at Environmental Review TribunalMore on killing birds with buildings as an environmental offence
Ecojustice has settled its bird-killing prosecution against the Menkes Developments (Consilium Place) office complex. As described in a previous post, Ecojustice (as counsel for Ontario Nature) charged Menkes with environmental offences. They proved that these buildings were unusually danger…
View the post titled More on killing birds with buildings as an environmental offenceFreedom of expression before environmental regulators and tribunals?
Environmental regulators and tribunals bear substantial responsibilities and make important decisions regarding development in Canada. If they won’t listen to opponents of a project, will they breach the Canadian Charter of Rights and Freedoms? The issue has been raised before the cour…
View the post titled Freedom of expression before environmental regulators and tribunals?Institute of Corporate Directors Webinar on No-fault Director's Liability
Many of you will be attending the Institute of Corporate Directors’ very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Nei…
View the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityLondon fined $20,000 for wastewater plant spill
The City of London was fined $20,000, plus the 25% victim fine surcharge, for breaching its Ministry of the Environment approval for a wastewater treatment plant, contrary to the Ontario Water Resources Act. The City of London owns and operates the Greenway Pollution Control Centre. The faci…
View the post titled London fined $20,000 for wastewater plant spillMOE explains its new Noise Guideline, NPC 300
Last month, the Ministry of the Environment’s new noise guideline came into force: NPC 300 – the new Environmental Noise Guideline: Stationary and Transportation Sources – Approval and Planning. It replaces the three old guidelines, LU-131, NPC-205, and NPC-232. NPC 300 includes …
View the post titled MOE explains its new Noise Guideline, NPC 300Buyer can’t void purchase of contaminated land
Crosslink Bridge Corp. (Crosslink) purchased contaminated land from CN Railway (CN) in 2008 to develop a tourism, entertainment, retail and sports venue in the Niagara region. Crosslink received a box of environmental reports, including the Certificate of Requirement (also registered on titl…
View the post titled Buyer can’t void purchase of contaminated landCan investigators be personally liable for the damage they do to their suspects?
The Ontario Court of Appeal has ruled that it is not “plain and obvious” that regulatory investigators owe no duty of care to suspects under investigation. The same logic should apply to environmental investigators: shouldn’t they be personally liable to their suspects, if they misuse …
View the post titled Can investigators be personally liable for the damage they do to their suspects?Philippines calls for "emergency climate pathway"
In an impassioned speech at the 19th Conference of the Parties (COP) of the Kyoto Protocol, the Philippines’ chief negotiator, Yeb Sano, called on the parties to take immediate, drastic action to tackle the climate crisis. IISD VIDEO: Philippines delegate Naderev Saño COP19 Warsaw R…
View the post titled Philippines calls for "emergency climate pathway"For environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
View the post titled For environmental liability, who is an "officer"?Receive Blog Posts
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