FEDERAL NEWS

Amendments Made to Navigable Waters Protection Act

The Navigable Waters Protection Act ("NWPA"), which governs construction in navigable waterways (e.g. bridges, pipelines and dams), has been amended to enable the Minister of Transport or Cabinet to exempt certain types of projects from the approval process under the Act.

Because approval under the NWPA is a "trigger" for an environmental assessment under the Canadian Environmental Assessment Act, one result of the amendments will be to exclude the exempted project from having to undergo a federal environmental assessment.

The amendments were made by way of the Budget Implementation Act, 2009, which was tabled in February and passed in March 2009.

For further information, please see:
http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&Chamber=N&StartList=A&EndList=Z&Session=22 &Type=0&Scope=I&query=5697&List=toc-1.

Amendments Proposed to Transportation of Dangerous Goods Act, 1992

A bill to amend the Transportation of Dangerous Goods Act, 1992 was tabled in February 2009. The bill was passed by the House of Commons in March and is currently being reviewed by the Senate. Among the many changes that the bill would make to the existing legislation are a new requirement to obtain a "transportation security clearance" before transporting dangerous goods in certain circumstances, enhanced rules concerning environmental response assistance plans (ERAPs), and a new prohibition against obstructing federal authorities from exercising their statutory powers.

For further information, please see:
http://www.parl.gc.ca/LEGISINFO/index.asp?List=ls&Query=5671&Session=22&Language=e

National Wastewater Standards Adopted

In February 2009, 11 of the 14 federal, provincial and territorial governments endorsed the "Canada-wide Strategy for the Management of Municipal Wastewater Effluent" (Quebec, Newfoundland and Labrador, and Nunavut did not sign the deal).

The strategy, which was developed through the Canadian Council of Ministers of the Environment (CCME), introduces new National Performance Standards for three pollutants discharged by municipal wastewater facilities to surface water: Carbonaceous Biochemical Oxygen Demand (25 mg/L), Total Suspended Solids (25 mg/L) and Total Residual Chlorine (0.02 mg/L). Existing municipal wastewater treatment plants will have a grace period of up to 30 years to achieve these standards, depending on the risk. The strategy also requires the development of site-specific Effluent Discharge Objectives, which will be determined based on an environmental risk assessment for each facility (i.e. an assessment of the characteristics of the facility's effluent and the risk it presents to the local environment and human health).

It is up to each jurisdiction to make the legislative changes necessary to implement the strategy, over the next three years. The federal government has indicated that it will develop new regulations under the Fisheries Act. The strategy is expected to cost "at least $10 billion to $30 billion" over the next 30 years.

For further information, please see:
http://www.ccme.ca/ourwork/water.html?category_id=81.

NEWS FROM THE PROVINCES

ONTARIO:

Ontario Tables Ambitious Green Energy Legislation

The Green Energy and Green Economy Act, 2009, which would enact a new Green Energy Act and amend 21 provincial statutes to facilitate the development of renewable energy projects and encourage energy conservation, was tabled in February 2009 and is currently being studied by legislative committee. For a detailed analysis by Gowlings, please see:
http://www.gowlings.com/resources/enewsletters/energy/Htmfiles/ specialBulletin_20090309.en.html.

E-Waste Obligations Now in Effect

On April 1, 2009, the first phase of the Waste Electrical and Electronic Equipment ("WEEE") Program Plan came into effect, imposing reporting and fee payment obligations on brand owners or other "stewards". The first phase applies to desktop and laptop computers, peripherals such as mice and keyboards, monitors, televisions and printers. For a summary of the WEEE requirements by Gowlings, please see:
http://www.gowlings.com/e-form/Announcements/announcement_20090331.en.html.

What's Happening

Paul Granda was the guest of the Law Faculty of the University of Montréal on March 24, 2009 to speak on the subject of "Liability for Contaminated Sites and Brownfield Redevelopment".

Ian Richler spoke on "Spills and Environmental Emergencies" at the Canadian Environmental Conference & Tradeshow ("CANECT") on April 21, 2009.