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Published on: 28 Oct 2013 By (Dianne Saxe)

Approvals Modernization spreads to Public Lands Act

The trend towards “modernization of approvals” (otherwise known as “permit by rule” for what are supposed to be routine, lower risk, routinely-permitted activities) continues to spread across the Ontario government. Now it’s the turn of the Ministry of Natural Resources’ Public Lands Act.

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Published on: 23 Oct 2013 By (Dianne Saxe)

Good news: updated Ontario noise guideline

After three years of consideration, the Ontario Ministry of the Environment has adopted a more up-to-date guideline for assessing noise impacts.   “Environmental Noise Guideline Stationary and Transportation Sources – Approval and Planning, Publication NPC-300” is now in force. See NPC 300 o…

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Published on: 17 Oct 2013 By (Dianne Saxe)

MOE Director admits that the Northstar directors were not polluters

Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause,  will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment we…

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Published on: 15 Oct 2013 By (Dianne Saxe)

Imposing liability on the innocent bad news for economy

Current Ministry of the Environment efforts to impose environmental cleanup liability on the innocent are bad news for the Ontario economy, according to an Expert Report by noted economist Sherry Cooper. They are also harmful to the social contract and the rule of law, according to Dianne…

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Published on: 8 Oct 2013 By (Dianne Saxe)

Reminder: Filing Toxic Substance Reduction Plan Summaries

The Ministry of the Environment has reminded Ontario businesses that toxic substance reduction plan summaries under the Toxics Reduction Act, 2009 and its regulation (O. Reg. 455/09) must be filed through Environment Canada’s Single Window (formerly known as the One Window to National Enviro…

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Published on: 3 Oct 2013 By (Dianne Saxe)

Perverse Abitibi test produces perverse results in Nortel, Northstar appeals

The Ontario Court of Appeal has released its decisions in the Ministry of the Environment’s appeals from Justice Geoffrey Morawetz in Re Nortel and Re Northstar. In both cases, Justice Morawetz rejected MOE attempts to claim priority over secured creditors by ordering insolvent compani…

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Published on: 26 Sep 2013 By (Dianne Saxe)

Approvals Reform to tackle Brownfields/ Surplus soil issues

The Ontario Ministry of the Environment has announced another round of consultations on Modernization of Approvals. This time, they say, they will tackle the high stakes problems of surplus soil movements and contaminated sites. See presentation, Brownfields Modernization.

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Published on: 25 Sep 2013 By (Dianne Saxe)

Ministry of Transport pays $250,000 for Fisheries Act charges

Ontario’s Ministry of Transportation has plead guilty to two charges under the old federal Fisheries Act, and has agreed to pay a $250,000 penalty. The charges were laid by Fisheries and Oceans Canada (DFO), and  relate to sediment released from a Highway 11 construction project near B…

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Published on: 23 Sep 2013 By (Dianne Saxe)

US EPA again proposes carbon standards for new sources in power plants

Since the US Congress can’t, or won’t, regulate greenhouse gases, President Obama is moving ahead to do so using his executive powers and the existing Clean Air Act. The US Environmental Protection Agency has proposed revised greenhouse gas “New Source” performance st…

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Published on: 19 Sep 2013 By (Dianne Saxe)

Sage Grouse to be protected by Emergency Protection Order, later

Following a recent loss in the Federal Court of Appeal, Minister of the Environment Leona Aglukkaq announced earlier this week that the federal government will (later) introduce an Emergency Protection Order for the Greater Sage-Grouse, or at least for those of this rapidly declining species…

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