Tribunal cracks down on non-expert anti-wind “experts”
Ontario’s Environmental Review Tribunal approved another wind farm on December 24, 2013, in Bovaird v. Director, Ministry of the Environment. In addition to rejecting the Charter argument, described earlier this week, Bovaird was notable for a slightly tougher approach to witnesses who propo…
View the post titled Tribunal cracks down on non-expert anti-wind “experts”Ruling: Wind turbine approvals comply with the Charter
While some people find wind turbines annoying, subjective annoyance is not so serious an infringement of personal security to constitute a breach of the Charter.
View the post titled Ruling: Wind turbine approvals comply with the CharterFreedom 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 Ne…
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 300Can 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?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"?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.
View the post titled Approvals Modernization spreads to Public Lands ActGood 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…
View the post titled Good news: updated Ontario noise guidelineReceive Blog Posts
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