We recently posted about Bill C-12, the Canadian Net-Zero Emissions Accountability Act. On December 11, 2020, the federal government announced a plan that help build a foundation to achieving this goal. The $15-billion plan entitled “A Healthy Environment and a Healthy Economy” aims to meet Canada’s climate change commitments and includes consistent increases to its ...
Joining hundreds of countries around the world, Canada has declared its intention to achieve net-zero emissions by 2050. In an effort to make this a reality, Bill C-12, the Canadian Net-Zero Emissions Accountability Act, was recently introduced into Parliament by Canada’s Environment and Climate Change Minister. Before we dive into the new law, let’s start ...
On December 6, 2019, the Supreme Court of Canada held two former owners of an Ontario pulp and paper mill liable for the costs of remediating and maintaining a waste disposal site located on the property. The two former owners, Resolute and Weyerhaeuser, are successors of the companies that abandoned the waste site decades prior. ...
The City of Vancouver has recently released an amendment to its 2018 Groundwater Management Bulletin, which provides rezoning and development permit applicants with information on the process and submission requirements related to groundwater management at development sites throughout Vancouver. Of particular note, the submission of a hydrogeological study is required for: rezoning and subsequent development ...
Harper Grey’s environmental group argued this case on behalf of the City of Burnaby. A recent Environmental Appeal Board (EAB) decision highlights that property owners, whose land has been contaminated by migration from a neighbour, have recourse through an appeal to the EAB where they believe a neighbour’s cleanup was inadequate [Burnaby (City) v. Director ...
The Ministry of Environment’s (“MOE”) site profile system is a process to screen for potentially contaminated sites. Through this system, the MOE and certain municipalities coordinate their respective functions to identify and address environmental risk. The changes set to take effect in 2021 are designed to address perceived gaps and weaknesses in the process. Current ...
Environmental Assessment Certificates Restricted to One Five‑Year Extension under the Environmental Assessment Act Obtaining an environmental assessment certificate is an important early step for any large environmental project. However, factors outside of one’s control can often produce delays which, in turn, prevent substantial work from being completed on a project in a timely manner. Although ...
What types of damages can you claim as remediation costs under the Environmental Management Act? The answer to that question became a little bit clearer with the release of the B.C. Supreme Court’s decision in Jansen Industries 2010 Ltd. v. Victory Motors (Abbotsford) Ltd. 2019 BCSC 1621. In it, the Court ruled that stigma damages ...
Whenever resorting to legal action to get money back, for anything, many would say the proposition is already a challenging one. So the question becomes, is claiming against a polluter for costs put into a clean-up any better? Under our Environmental Management Act, we have in BC a ‘cost recovery action’ (s. 47(5)). This section ...
The decision of A Speedy Solutions Oil Tank Removal Inc. v. Garraway, 2019 BCSC 1091 provides remediation companies along with both sellers and purchasers of properties alike with an important and timely reminder of the need for clear and transparent communication with respect to fees and how professional services will be charged. At its core, ...
