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September 17, 2007 - Volume 4, Number 7 | |
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FEDERAL NEWS
NEWS FROM THE PROVINCESOntario:
Alberta:Commission for Environmental Cooperation (CEC):
FEDERAL NEWSA Climate Change Plan for the Purposes of the Kyoto Protocol Implementation Act, 2007 The Government of Canada's Climate Change Plan has been submitted pursuant to the Kyoto Protocol Implementation Act, 2007. The filing was made to meet the Government's statutory obligation under the Act. The filing reviews the Government's greenhouse gas (GHG) emissions reduction plan announced in its Turning the Corner document released earlier this year. It also reviews its initial report under the Kyoto Protocol filed with the UNFCCC Secretariat on March 15, 2007. The Plan emphasises Canada's "unique geographic and economic circumstances" to be considered in the development of a realistic GHG reduction plan. It recognises that GHG emissions in 2005 were more than 30 % above Canada's Kyoto Protocol target. It submits that to meet Canada's Kyoto Protocol target on the timeline proposed in the Act would have significant adverse economic implications for Canada. The Government's filing proposes that Turning the Corner is a realistic and balanced approach to GHG reductions by means of mandatory regulations, technology support, and support of provincial and territorial initiatives. For more information see: Environment Minister Recommends Listing 36 Species under the Species at Risk Act The proposal to amend the list of protected species under the Species at Risk Act was published in the Canada Gazette, part 1, on August 11, 2007. It is proposed to add 36 animals, plants and fish to the list of species protected under the act. A final decision regarding the listing will be made by January 26, 2008. For a list of the species proposed to be added, and for more information, see: Chemicals Management Plan – Additional High Priority Substances On August 24, 2007, the Government announced that it will require industry and other stakeholders to provide information on how they are safely managing and using 19 chemical substances identified as high priorities for action under the federal Chemicals Management Plan. The 19 substances comprise the third in a series of 12 batches of high-priority substances that have been identified as substances in use requiring review. The Government will assess the information it receives to decide on appropriate actions which may be required for the protection of health and environment. For a list of the substances in the third batch, and for more information, see the Canada Gazette, volume 141, No.33 – August 18, 2007. Also see: Conviction under the Canadian Environmental Protection Act (1999) On August 27, 2007, Environment Canada announced the conviction of 9112-7480 Québec Inc., the operator of Nettoyeur Brillant in Montreal on four counts of using tetrachloroethylene (PCE) for dry cleaning while failing to comply with the tetrachloroethylene regulations under CEPA. The company also pleaded guilty to a fifth charge of failing to comply with a Compliance Order under CEPA. The company was fined $3904.88. Requirements for Nanomaterials under the New Substances Notification Regulations (Chemicals and Polymers) Environment Canada has issued an Advisory Note concerning notification obligations for manufacturers and importers of nanomaterials. The Advisory Note confirms that nanomaterials are subject to the same regulatory requirements as chemicals and polymers, and accordingly, manufacturers and importers of nanomaterials are required to submit a New Substances Notification package prior to the manufacture in or import into Canada of new nanomaterials. Nanomaterials which are manufactured in or imported into Canada that are not listed on the Domestic Substances List are considered new. The nanoscale form of a substance is considered a "new" substance if it has a unique structure or molecular arrangement. Accordingly, new nanomaterials are subject to notification under the regulations. For more information see: http://www.ec.gc.ca/CEPARegistry/default.cfm NEWS FROM THE PROVINCESWestern Climate Initiative Sets Emissions Reduction Goal Eight members of the Western Climate Initiative (WCI) announced a regional goal to reduce greenhouse gas emissions to 15% below 2005 levels by 2020. British Columbia and Manitoba have joined Arizona, California, New Mexico, Washington and Oregon in this commitment. The objective is to be met through a multi-sector market based mechanism such as a cap-and-trade program by the end of August 2008. The targeted sectors include power plants, industrial plants, energy supply, transportation, agriculture, forestry and waste management. The WCI states and provinces have also committed to establishing a greenhouse gas emissions registry. Four U.S. states (Colorado, Kansas, Nevada and Wyoming), three Canadian provinces (Ontario, Quebec and Saskatchewan) and one Mexican state (Sonora) are observers to the Western Climate Initiative. For more information see: Ontario:Ontario New Standards for Local Air Quality On August 31, 2007, Ontario posted amendments to O. Regulation 419/05 Air Pollution - Local Air Quality, including 19 new or updated air standards for 14 air toxics, including lead. The standards for these substances will be used to assess and manage local impacts from industries on surrounding neighbourhoods and communities. While some of these substances previously had guidelines, they are now to be regulated based on a legally enforceable health based standard. The substances chosen were selected based on their toxicity and the quantities being released in Ontario. For a list of the substances and their proposed limits, and for more information, see: City of Toronto – Strategy to Enhance Access to Environmental Information The Toronto Board of Health has approved a recommendation that the Medical Officer of Health develop an environmental reporting program which would require facilities to report on their use and emission of 25 substances of priority health concern, and that the Medical Officer of Health report to the Board of Health in 2008 on a draft by-law and implementation plan. The decision follows a report from the Medical Officer of Health which concludes that there are significant gaps in current mandatory reporting systems. It was found that only 3% of Toronto facilities report to the National Pollutant Release Inventory (NPRI) and that most small and medium-sized facilities do not report at all. It also found that approximately 80% of releases to air in Toronto are not reported to the NPRI, and that approximately 60% of total releases in Toronto (to air, water, and land) are not reported to the NPRI. The objective is to capture what is not currently reported. The sectors which may be proposed as required to report are:
The following 25 substances were identified for enhanced reporting and access to environmental information:
It is proposed to develop a draft by-law and implementation plan to be presented in the spring of 2008, following a consultation process. For more information see: Landfill Gas Collection and Control Regulation The Ontario Ministry of the Environment is proposing to amend regulations under the Environmental Protection Act to require mandatory landfill gas collection, utilization or flaring for all operating or proposed new or expanding landfills with total waste disposal capacities larger that 1.5 million cubic meters. For more information see: Bruce to Milton Transmission Reinforcement Project Hydro One Networks Inc. has initiated an undertaking under Ontario's Environmental Assessment Act to build an approximately 180 kilometre long 500kV transmission line on a widened existing transmission corridor connecting the Bruce Power Facility to Hydro One's switching station in Milton. The need for the project has been established by the Ontario Power Authority. A consultation plan for the environmental assessment has been developed and is outlined in the terms of reference. For more information see: Shell Canada Proposed Oil Refinery, Township of St. Clair Shell Canada Products is proposing to construct a new oil refinery to process heavy crude oil from Alberta in the Township of St. Clair. As a private sector undertaking, the proposed project was not subject to the requirements of the Environmental Assessment Act. However, on March 7, 2007, Shell entered into a voluntary agreement with the Ministry of the Environment to make the proposed project subject to the requirements of the Environmental Assessment Act. Shell will prepare an individual environmental assessment for review and approval by the Minister. For more information see: Alberta:New Climate Change Regulations New Climate Change Regulations, Effective July 1, 2007 require Alberta facilities which emit more than 100,000 tonnes of greenhouse gases a year to reduce emissions intensity by 12%. Companies have three ways to meet their reduction obligation. They can make operating improvements, buy Alberta-based credits or contribute to the Climate Change and Emissions Management Fund. Alberta has released draft protocols which outline how to quantify and verify emissions reductions for different types of projects in order to create eligible off-set credits. Each of the protocols is based on the ISO Standard for Project GHG Quantification. Companies which do not make facility improvements to reduce emissions, or acquire Alberta-based credits, may pay $15 for every tonne that they are over their reduction target. The money will be invested in the Climate Change and Emissions Management Fund and will be directed to strategic projects or technology aimed at reducing greenhouse gas emissions in the province. For more information see: Commission for Environmental Cooperation (CEC):St. Clair River Submission Rejected On August 1, 2007, the Secretariat of the CEC issued a determination dismissing a citizen submission alleging that Canada is failing to effectively enforce its environmental law by not preventing chemical and sewage spills to the St. Clair River in Sarnia, Ontario, and failing to notify downstream areas in the St. Clair-Detroit River corridor about spill incidents. The Submitters had asserted that Canada is failing to effectively enforce the federal International Boundary Waters Treaty Act and the 1909 Boundary Waters Treaty by failing to contain water pollution from Sarnia which, they allege, is causing negative environmental, social and economic impacts in the United States. The Secretariat was unable to conclude that the international treaty obligations, relied upon by the Submitters, had the same force of law as a statute or a regulation in Canada or had otherwise been incorporated into the domestic law of Canada. The Submitters were afforded 30 days to provide the Secretariat with a revised submission. For more information see: CEC Receives Revised Submission on Annual Harp Seal Hunt On August 23, 2007, the Secretariat of the Commission for Environmental Cooperation (CEC) received a revised citizen submission from Mexican non-governmental organizations (NGOs) asserting that the Canadian government is failing to effectively enforce its law with respect to the harp seal hunt that takes place annually in the Gulf of St. Lawrence and along the Newfoundland and Labrador coast. The Submitters assert that Canada is failing to effectively enforce sections of the Marine Mammal Regulations adopted under the Fisheries Act, and that these provisions, which prescribe methods and instruments for killing seals, do not meet the definition of environmental law under the North American Agreements on environmental cooperation. According to the Submitters, regardless of the killing implement used, the commercial seal hunt is inherently cruel. For more information on matters before the Commission for Environmental Cooperation see: http://www.cec.org/news/index.cfm?varlan=english Canadian Council of Ministers of the Environment CCME has released Canada-wide principles for Extended Producer Responsibility and two related reports. The CCME is proposing national definitions and principles for extended producer responsibility. Its objective is to promote a harmonization of approaches and a level playing field for such initiatives across the country. For more information see: What's Happening Harry Dahme will be chairing A Cross Country Check-Up (a review of legal developments affecting Brownfields across Canada) at Canadian Brownfields, 2007: Partners in Sustainable City Building, presented by the Canadian Urban Institute in Montreal, Quebec on October 18, 2007. He and Ian Richler will be speaking at Understanding Environmental Regulations - Due Diligence, presented by EPIC in Mississauga, Ontario on November 5 and 6, 2007. Mark Madras will be a Facilitator at the Law Society's 2nd Annual Advanced Roundtable in Environmental Law, to be held on October 24, 2007. Mark will lead discussions on New Developments in Brownfields Liabilities and Standards. Special Announcements Business and the Environment The Gowlings Environmental Law Group will be presenting its all day annual environmental law conference on November 29, 2007. The theme for 2007 is Business and the Environment. In addition to providing a summary update on developments in Environmental Law over the past year, there will be presentations by panels of industry experts and Gowlings lawyers on topics such as creation and trading of greenhouse gas credits, intellectual property protection for environmental technologies, infrastructure and environmental technology financing, alternative energy financing and approvals, Brownfields, and environmental due diligence and corporate governance. If you are interested in attending, or would like further information on the program, please e-mail: Web-Based Service Available for Clients The Gowlings Environmental Law Group is pleased to offer its clients a web-based service designed to assist in providing up to date information on applicable environmental legislation. The service includes the development of client specific checklists to assist in verifying compliance with applicable environmental legislation. If you are interested in this service, or wish further information, please e-mail: |
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