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Published on: 11 Feb 2019 By

Climate Change Alters Municipal Role and Responsibilities

“[By] covering a ground plot with buildings and pavements, which carry off most of the rain and prevent its soaking into the Earth and renewing and purifying the Springs … the water of wells must gradually grow worse, and in time be unfit for use as I find has happened in all old cities. Benjamin...

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Published on: 15 Nov 2018 By

Environmental Bill of Rights “Leave to Appeal” Test Remains a Significant Hurdle to ECA Appeals

The Environmental Review Tribunal (“ERT” or “Tribunal”) released a decision in Freshway Investments Inc. v. Ontario (MECP) on November 5, 2018 denying an application for leave to appeal an Environmental Compliance Approval (“ECA”) for a Waste Disposal Site in York Region, Ontario (the “Site”…

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Published on: 17 Sep 2018 By

Ontario Files Argument in Court Challenge of Federal Carbon Tax Act

On September 14, 2018, the government of Ontario filed a statement of particulars in the constitutional challenge of the federal government’s Greenhouse Gas Pollution Pricing Act filed on August 1, 2018. By Order in Council the Province set out the question to be addressed by the court as: “…

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Published on: 4 Sep 2018 By

New Fisheries Minister’s Mandate to Advance Bill C-68 – the reform of the Fisheries Act

On August 28, 2018, Prime Minister Trudeau issued a fresh mandate letter to Canada’s new Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honorable Jonathan Wilkinson, who was appointed on July 18, 2018. The minster is directed to implement and develop the Oceans Protection Pl…

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Published on: 24 Aug 2018 By

Ontario Court of Justice Sentences Corporation and its Director to $420,000 Fine and 45-day jail term for Contravention of PCB Regulations of Canadian Environmental Protection Act, 1999

Environment and Climate Change Canada has reported that on August 21, 2018, a Collingwood corporation and its director were sentenced to a $420,000 fine plus a 45-day jail term, for 10 counts of contravening the PCB Regulations under the Canadian Environmental Protection Act, 1999, and one c…

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Published on: 22 Aug 2018 By

Fortis Alberta Ordered to pay $300,000.00 fine for Unreported Oil Spill

On August 15, 2018, the Provincial Court of Alberta ordered the electrical utility, FortisAlberta, to pay a $300,000.00 fine for failing to report an oil spill in a timely manner. The spill related to potentially dangerous polychlorinated biphenyls, or PCBs, in west-central Alberta. While Fo…

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Published on: 4 Feb 2016 By

Further wind litigation in the Oak Ridges Moraine: Part II

Recently, the Environmental Review Tribunal (the “Tribunal”) allowed in part the appeal of a Renewable Energy Approval (“REA”) approving the construction of a wind turbine facility in the Oak Ridges Moraine Area in the City of Kawartha Lakes (the “Project”). The Tribunal concluded that, with…

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