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Toxics Reduction Act rolling out

by Dianne Saxe on February 8, 2010

Now that the Toxics Reduction Act is in force, Ontario companies are starting to collect data for their first annual report on the first 47 groups of “toxic” substances. The report is not due until June 1, 2011, but it must be based on data to be collected on substances “used” or “created” January to December of this year.

Ministry of the Environment staff have wrapped up their cross-province compliance seminars, but here are some key issues that remain unclear: [click to continue…]

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Noisy nosy neighbours

by Dianne Saxe on February 5, 2010

The British Columbia Supreme Court has ruled that homeowners committed an actionable nuisance when they installed a noisy central air conditioner immediately outside their neighbours’ bedroom window, and installed a surveillance camera overlooking the neighbours’ home. The two homes are only 13 feet apart, [click to continue…]

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Game theory, climate change and Davos

February 4, 2010

This should have been an easy negotiation, infinitely easier than the climate crisis. Despite that, at least one group refused to to give up its separate existence, even at the price of certain death for all.

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Is your EPA up to date?

February 3, 2010

A reader has asked me to remind everyone: Make sure your copy of Ontario environmental laws is up to date. A number of amendments came into effect on January 1, 2010, especially those relating to enforcement powers and integration with other statutes such as the Safe Drinking Water Act and the Toxics Reduction Act. Others, [...]

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Approvals Reform, at last?

February 3, 2010

After years of complaints about the economic drag created by Ontario’s sclerotic environmental approval process, something may finally be about to change. Environment Minister Gerretsen has announced the formal beginning of consultations on the long-overdue transformation agenda for Approvals Reform, to be phased in over three years.

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Why no minimum fines in the SDWA?

February 2, 2010

Minimum fines would be particularly inappropriate in dealing with municipalities, almost all of whom already provided safe water before the Walkerton disaster.

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Courts, the environment and big fines

February 1, 2010

When I was a young lawyer, fines up for even the most egregious environmental offences tended to be very small. In one famous case, R.v. Cyanamid, proof of enormous pollution was punished with a $1 fine. Judges used to groan when we environmental prosecutors came into their courtrooms, complaining about the “frogs and logs brigade”.
Canadian [...]

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City goes to bat for neighbours of cement plant

January 29, 2010

In an unusual move, the City of Toronto has sought and obtained leave to appeal the air certificate of approval issued to an existing cement plant. The plant had been the subject of numerous complaints from local residents, relating to dust and noise. The Ministry of the Environment issued a certificate of approval for the [...]

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The Samsung agreement and access to the grid

January 28, 2010

The most troubling aspect of the Samsung deal (beside the price) is its impact on the availability of transmission for other renewable energy generators.

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Renewable Energy Approvals

January 27, 2010

As the Ontario Power Authority grinds through 1022  applications for feed in tariff contracts (plus about  3200 microFits),  the Ministry of the Environment is gearing up to process applications for renewable energy approvals. About 91 renewable energy projects have been approved since 2003, including 45 wind, six solar, 23 bioenergy, and 17 water projects. (Approvals [...]

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Spreading sewage sludge

January 26, 2010

The court found that experts disagree about the potential risks associated with the use of Biosolids, and that the municipality had jurisdiction to ban their use within its boundaries.

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What’s an ANS?

January 25, 2010

Here’s another fun question about Reg. 511/09, the recent amendments to Reg. 153/04: what’s an “area of natural significance” (ANSI)?
S. 1 now defines ANSI to include “an area which is habitat of a species that is classified under section 7 of the Endangered Species Act 2007 as a threatened or endangered species.”  What areas does [...]

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Better ideas about liability, allocation and fairness

January 25, 2010

Kudos to the Nova Scotia Law Reform Commission for its thoughtful and groundbreaking report on how to encourage redevelopment of contaminated sites. Unlike the recent decision of Ontario’s Environmental Review Tribunal in Kawartha Lakes, the commission recognizes that uncertain and unfair liability rules are major obstacles to an important public policy objective, the redevelopment of [...]

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How much is nuisance worth?

January 24, 2010

In Blatz v. Impact Energy Inc., the Alberta Court of Queen’s bench found a gas drilling company liable for contaminating a well on the landowners’ property. As a result, the landowners had to drill a new well and also suffered weeks of health problems, such as diarrhea, mouth sores, and bladder infections. The plaintiffs claimed [...]

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Fairness, non-polluter pays and Kawartha Lakes

January 22, 2010

Should municipalities have to pay to cleanup private spills? See today’s article in Lawyer’s Weekly.

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