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Endangered Species exemptions survive court challenge

Sweeping exemptions from Ontario's protection for endangered species have been upheld by the Divisional Court, despite concerns that they reduce the effectiveness of the Endangered Species Act, 2007. In Wildlands League v. Lieutenant Governor in Council, 2015 ONSC 2942, Ecojustice, the Wildlands League and the Federation of Ontario Naturalists (“Wildlands”), bravely but unsuccessfully challenged the validity of Ontario Regulation [...]

Ontario finally adopting carbon cap and trade

Today, Premier Wynne announced that Ontario is finally going ahead to implement a cap and trade system for carbon emissions, in cooperation with Quebec and perhaps California. Ontario originally promised to join Quebec, California and others in the Western Climate Initiative in 2008, but has since fallen behind. Since December, the WCI has conducted two auctions of [...]

Final regulations for heavy duty vehicle emissions

On February 25, 2013, the Federal Government followed the US and announced the final efficiency and emission standards for new on-road heavy-duty vehicles and engines. The regulations are intended to improve fuel efficiency and reduce greenhouse gas (GHG) emissions, and to match American requirements. The Regulations will establish progressively more stringent standards for 2014 to 2018 [...]

Waste exemption becomes less useful: what is “wholly used”?

The Environmental Review Tribunal has reduced the usefulness of an important exception to the "waste" rules in Regulation 347.For decades, there has been a tug-of-war between the Ministry of the Environment and the waste industry over the true scope of the ministry's jurisdiction. In particular, what is and is not "waste"? One very important exemption, [...]

Renewable Energy Approvals regulations amended again

The Ontario Ministry of the Environment has made more amendments to O. Reg. 359/09, the Renewable Energy Approvals Regulation. As a result of concerns raised during the last round of amendments (July 1), these amendments focus on: Re-issuance of draft site plans to reflect changes to the location of wind turbines, without having to consider new [...]

Sector registration mandatory for solar, printing and waste haulers from November 18

Congratulations to the Approvals Reform team: The Ontario Ministry of the Environment has brought three new sectors into its Environmental Activity and Sector Registry Regulations under the Environmental Protection Act: Small Ground-Mounted Solar; Lithographic, Screen and Digital Printing; and Non-Hazardous Waste Transportation Systems. Qualifying activities in these sectors can therefore now take place through registration, [...]