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Follow us on TwitterPaula Boutis and our articling student, Jessica Weizenbluth, recently authored a paper on species at risk legislation which Paula presented as part of the Law Society of Upper Canada’s Six Minute Environmental Lawyer 2012. The paper and presentation provide an overview of the laws on the books, how they have been applied, case law, and where the legislation is going from here. Download the paper and presentation here.
Environment
Ontario Court of Appeal confirms broad scope of environmental protection in the Ontario Environmental Protection Act but Supreme Court of Canada hearing pending.
October 18th, 2012 by Laura BowmanThe Supreme Court of Canada recently granted leave to hear an important Environmental Protection Act case. In Ontario (Environment) v. Castonguay Blasting Ltd., 2012 ONCA 165 (CanLII) Castonguay, a construction subcontractor caused fly rock to be flung 90 metres into the air during highway construction near Marmora, Ontario in 2007. The fly rock caused damage to a nearby home and vehicle.
A year later, Castonguay was charged with failure to report the discharge of a contaminant under s.15(1) of the Ontario Environmental Protection Act (EPA). This provision requires reporting of discharges of contaminants likely to cause an adverse effect to the Ontario Ministry of the Environment, (MOE) so that it can be investigated and addressed accordingly.
Jarvis Bike Lane Removal Exposes Serious Weaknesses in Municipal Class Approvals
October 12th, 2012 by Laura BowmanThe “Class EA” was introduced to the Ontario environmental assessment process shortly after the Ontario Environmental Assessment Act was passed, in 1976. The purpose of Class EAs was said to be to streamline approvals for undertakings that were similar in nature (i.e. belonging to the same ‘class’ of project) and that generally had predictable and easy to mitigate effects and therefore did not need full environmental assessments. Class assessments were immediately used for municipal infrastructure projects. Class EAs are an attempt to balance many competing policy factors including reducing the cost of municipal infrastructure, avoiding duplication with other municipal processes and the difficulty of predicting environmental effects on a class‑wide basis. However, strong pressures to exempt an ever growing array of projects from full environmental assessments have led to the growth of Class EAs, and Class EAs have come to dominate EA practices in Ontario by a wide margin.
Continue reading “Jarvis Bike Lane Removal Exposes Serious Weaknesses in Municipal Class Approvals”
Join us for a free workshop on the Canadian Environmental Assessment Act 2012
August 7th, 2012 by Iler Campbell LLPLearn how to use the new Canadian Environmental Assessment Act 2012 and proposed regulations. This is your chance to ask experienced environmental lawyers Paula Boutis and Laura Bowman how the new legislation works and what to expect. This 2‑hour nuts and bolts presentation will help you feel confident using and participating in this completely new process.
Who should attend?
- Environmental consultants
- Environmental NGOs
- Planners
- Municipal staff
What does it cost?
- Free of charge
When and where?
- August 22, 4:30 – 6:30 PM
- Iler Campbell’s offices:
150 John Street, 7th Floor
Toronto M5V 3E3
R.S.V.P.
RSVP to Andrea Eggleton
[email protected]
or by phone at (416) 598-0103.
Space is limited.
What powers do Canadian municipalities have to create environmental rights?
June 28th, 2012 by Paula Boutis and Laura BowmanA reader asked us if Canadian municipalities can pass an environmental bill of rights, as some American jurisdictions have with the help of the Community Environmental Legal Defence Fund. The example provided by the reader prohibited the extraction of natural gas by means other than gas wells installed and operating at the time of the enactment of the ordinance.
In Canada, municipalities are created by provincial laws and their powers are limited both by those laws and by the limits on provincial jurisdiction.
Bill C‑38 creates open season on Canada’s natural environment
June 8th, 2012 by Paula Boutis and Laura BowmanOn April 26, 2012, the federal government tabled Bill C-38, the 2012 Budget Bill. The Bill was reviewed before the Standing Committee on Finance which just released its report recommending that part 3 of the Bill be carried as written. Part 3 of Bill C-38 contains several significant changes to federal environmental legislation, including:
- the Canadian Environmental Assessment Act,
- the National Energy Board Act,
- the Canadian Oil and Gas Operations Act,
- the Nuclear Safety and Control Act,
- the Fisheries Act,
- the Canadian Environmental Protection Act and
- the Species at Risk Act.
Here we describe highlights of the two most important legislative changes, to CEAA and the Fisheries Act.
Continue reading “Bill C‑38 creates open season on Canada’s natural environment”
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