Canada:
Part 1: Eastern Canada Environmental Update
08 March 2022
Blake, Cassels & Graydon LLP
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Canada’s environment landscape is constantly changing.
Keep up-to date with legislative changes and other potential implications
Businesses need to be aware of potential pitfalls. To offset carbon emissions
Virtual inspections can be as simple as a few clicks away. The more you know and the better prepared you are, the better.
More you can reduce risk.
Here are some important reminders and updates on environmental law.
Eastern Canada
- Carbon Markets.Canada has been regulated
Voluntary markets to offset carbon emissions Regulated
Large emitters use markets to meet their requirements.
Carbon emissions targets are set, while voluntary markets are used.
Large and small emitters alike, as well companies, are all welcome.
Countries that wish to offset their carbon footprint
achieve net carbon neutrality. The cost of purchasing an offsetting
C$50 per ton and more are the current prices in a regulated market.
Voluntary markets: US$15 per ton - Climate Disclosure Rules.October 17,
2021: The Canadian Securities Administrator issued new proposals
National Instrument 51-107 contains climate disclosure rules. The new
Rules require reporting issuers to disclose a variety of information.
Climate-related opportunities and risks, as well business
strategies. - Regulations on the Removal of Soil.On January 1,
2022, additional provisions of “On-Site” and “Excess Soil”
Management regulation under the
OntarioEnvironmental Protection Actcame into
effect. They require advanced planning and testing.
Exceed soil must be removed before it can be used again. Quebec has the following:Regulation
Respecting the Traceability Excavated Contaminated
SoilsOn November 1, 2021, it became effective. - Virtual InspectionsBased on current
Federal and provincial environmental statutes provide for
Only in-person inspections are allowed. It is not clear if virtual inspections can be used.
are authorized or legal. There are gray areas.
Site representatives taking part in virtual
inspections. However, it is against the law to obstruct inspections.
Inspection is mandatory, so compliance is recommended. - Contaminated Sites
Litigation.InAlbert Bloom Limited
London Transit CommissionThe Ontario Court of Appeal ruled
In contaminated areas, the statute of limitations may begin to run.
Site claims are possible even when a plaintiff doesn’t have “actual”.
Knowledge” of the contamination as a form of environmental
tests. The Court also ruled that, absent other factors, mere
Migration of historical contamination through groundwater is not allowed
sufficient to constitute an ongoing nuisance.
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This article is meant to be a guide.
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