CONTENTS
FEDERAL NEWS
- Chemicals Management Plan Update
- Bisphenol A
PROVINCIAL NEWS
Ontario:
- Brownfields Regulation Amendment
- Waste Diversion Act
- Getting to K(No)w - 2007/2008 Annual Report of the
Environmental Commissioner of Ontario
- Safe Drinking Water Act
- New General Regulation to Implement the Cosmetic Pesticides Ban
Act
British Columbia:
- Compliance and Enforcement Summary, 2008
Alberta:
- Climate Change and Emissions Management Amendment Act,
2008
- Alberta's New Planning Strategy for Land Use in the
Province
Quebec:
- Regulation Respecting the Mandatory Declaration of Water
Withdrawals
What's Happening
FEDERAL NEWS
Chemicals Management Plan Update
Summaries of the Screening Assessment Reports for various substances identified as a high priority for screening assessment continue to be released in the Canada Gazette. While certain substances were identified as not being a high priority for assessment of potential risks to human health or the environment, certain substances have been identified as constituting a danger to the environment as well as human health or safety. Where there has been a risk of danger to environmental, human health or safety, proposed risk management measures have been identified. For example in the case of Naphthalene, which was identified as meeting one or more of the criteria set out in Section 64 of the Act, notice was given of the intention to add it to Schedule 1 to the Canadian Environmental Protection Act, 1999.
A proposed risk management approach document was released for a public comment period of 60 days and comments have been received. This will be followed by the requirement for implementation to risk management measures to prevent exposure to critical receptors. Readers are well advised to check the Chemicals Management Plan website of Environment Canada for the most recent information on the issuance of the screening assessments and for decisions on whether or not there are any restrictions to be placed on importation, manufacture or use of those particular substances.
For further information please see:
http://www.chemicalsubstanceschimiques.gc.ca/plan/table-tableau_e.html
Bisphenol A
The results of the screening assessments conducted by the Ministers of the Environment and of Health pursuant to Section 74 of the Canadian Environmental Protection Act, 1999, for Bisphenol A was published in the Canada Gazette Part I on October 18, 2008.
In 2006, Bisphenol A was used in Canada in the range of 100,000 to 1000,000 kilograms and approximately half a million kilograms was imported into Canada, either alone, in a product, in a mixture or in a manufactured item, The screening assessment concluded that Bisphenol A has been found not to degrade slowly under low oxygen or no oxygen conditions. It has been detected in surface waters, sediment, groundwater and soil. While Bisphenol A has low bioaccumulation potential, the studies have confirmed that it is bio-available and can accumulate in tissues, to some degree. The screening assessment concluded that it is acutely toxic to aquatic organisms and has been shown to adversely effect growth and development in both aquatic a terrestrial species.
Human exposure to Bisphenol A is primarily through dietary intake. A critical effect for characterization of risk to human is reproductive and developmental toxicity. Limited human studies have indicated potential sensitivity of pregnant woman. The screening assessment concluded that as a result of the potential for long-term adverse to organisms and humans within the range of concentrations currently being experienced, the application of the precautionary principle suggest that it may constitute a danger in Canada to organisms as well as human life or health.
In response to the screening assessment, the Government of Canada announced that it would immediately proceed with drafting regulations to prohibit the importation, sale and advertising of polycarbonate baby bottles that contain Bisphenol A and would take action to limit the amount of Bisphenol A that is being released into the environment. Proposed regulations are expected to come into effect in 2009.
For further information please see:
http://canadagazette.gc.ca/index-e.html
and
http://canadagazette.gc.ca/partI/2008/20081018/html/notice-e.html
NEWS FROM THE PROVINCES
Ontario:
Brownfields Regulation Amendment
A Proposal for Amendments to Ontario Regulation 153/04, Brownfields: Record of Site Condition Regulation was filed on the Environmental Registry on October 6, 2008. The comment period expires on February 3, 2009.
The Notice states that the amendments include a package of interconnected elements including changes to provide for enhanced Record of Site Condition (RSC) integrity, liability protection for off-site migration from the RSC property, a streamlined risk assessment approach and strengthening of Soil and Groundwater Site Condition Standards.
The proposed amendments relating to RSC integrity provide for a third (30) business day notice period during which the Ministry of the Environment (MOE) would conduct an administrative check and then either provide written notice that the RSC could not be filed because it was incomplete, provide notice that the Director intends to conduct a review prior to the RSC being filed on the Registry or provide a written acknowledgement specifying the date that the RSC has been filed.
In addition, substantial amendments have been made to the requirements for a Phase I Environmental Site Assessment (Phase I ESA). Those items which are new include the requirement for identification of recognized environmental conditions by a Qualified Person and the preparation of a preliminary conceptual site model which includes a site plan, a description of contaminants likely to be present, surface and subsurface structures, geological and hydrogeological conditions, contaminant transport pathways and possible receptors. The requirements for a Phase II Environmental Site Assessment (Phase II ESA) have also been enhanced so as to require collection and analysis of groundwater samples from all locations where a contaminant may be present at a concentration greater than the applicable Standard and where a property was previously used for a specified use, such as a gas station. A refined conceptual site model is a mandatory requirement of the Phase II ESA.
Amendments have been proposed to deal with which concentration of contaminants migrating off-site would result in loss of liability protection for a property owner. The Proposal provides for a streamlined risk assessment approach. The MOE is proposing to provide proponents with a Ministry approved model which would enable a Qualified Person for a Risk Assessment to modify generic assumptions and remove generic exposure pathways to reflect property-specific conditions. The model would yield property specific standards while ensuring the same level of protection as generic standard. The intent is to increase the applicability of the modified generic risk assessment approach.
Last, the Soil and Ground Water Site Condition Standards have been substantially modified. In many cases, the Standards have been revised downwards substantially, although in some cases there have been increases in the Standards.
Considerable controversy has already greeted the release of the Proposal and it is expected that a large number of stakeholders will be providing comments.
For further information please see:
http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA0NTcw&statusId=MTU2NjE4
Waste Diversion Act
A Discussion Paper for public consultation related to the review of the Waste Diversion Act 2002 was posted on the Environmental Registry on October 16, 2008. The comment period ends on January 15, 2009.
The purpose of the paper is to facilitate consultation on the Waste Diversion Act.
Getting to K(No)w - 2007/2008 Annual Report of the Environmental Commissioner of Ontario
The Annual Report of the Environmental Commissioner of Ontario (ECO) deals with a number of significant issues, Ministry of Environment decisions, applications for review and investigation, and assesses Ministry progress, as well as identifying developing issues.
One significant issue considered was Ontario's Action Plan on Climate Change. The ECO examined the provincial climate change strategy in order to assess the reduction measures identified, the reliability of the measures to meet Ontario stated GHG production targets and to investigate the likelihood of the province meeting its major reduction targets for 2014, 2020 and 2050 based on the measures identified. Overall, the ECO commended the province for having a plan. It concluded that as of early 2008, the 2014 target of 6% reduction of GHG emissions below 1990 levels is achievable. The ECO concluded that there is less certainty regarding the 15% reduction target for 2020 and that it was unable to reach any conclusions as to the ability to achieve the 80% reduction target for 2050.
The second issue examined was the current status of matters subject to the Environmental Assessment Act. The ECO concluded that many of Ontario's most important decisions are not subject to an integrated evaluation under the EAA. While the screening level assessment or individual EAs may be conducted for individual projects, the ECO concluded that what was missing was an overarching review of the major policy decisions. In examining EAs, the ECO concluded that the EA process seems to lead an inexorably towards the approval of projects. The ECO was critical of the class EA approach, which has had the effect of breaking up major regional infrastructure initiatives into multiple small projects, each proceeding on its own approval without leading to a consideration of the broader regional and cumulative impacts. The ECO was also critical of the setting of narrow Terms of Reference as permitted under the Act thereby shielding the need for projects from scrutiny.
Third, the ECO focused on water. Climate change, water withdrawals and other forces have the potential to profoundly impact on Ontario's water environment. The ECO commented on a number of recent positive changes such as the creation of water budgets pursuant to the Clean Water Act, the monitoring of water quantities taken pursuant to Permits to Take Water and, the conducting of studies to examine groundwater and surface water interaction in order to better inform water permitting. At the same time the ECO remained concerned regarding the absence of appropriate water management practices to address low flow and drought conditions.
The ECO assessed whether Ontario's air quality monitoring reporting process was adequate. Particular concern was expressed regarding the absence of air quality monitoring at street level and the absence of the consideration of cumulative effects. The ECO strongly urged the Ontario Government to build on its existing air quality monitoring network in order to allow for informed decisions to be made regarding activities that may adversely affect air quality.
Emerging issues that were discussed briefly include the need for a more comprehensive assessment of the impact of roads on the natural environment, particularly as it relates to the impact on wildlife, and the corresponding need to have better informed decision-making regarding wildlife management.
For more information please see:
www.eco.on.ca/eng/index.php?mact=Search%2Ccntnt01%2Cdosearch%2C0&cntnt01returnid=67&cntnt01searchinput=2007%2F2008+Annual+Report+-+Getting+to+K%28No%29w&submit=Submit
www.eco.on.ca/eng/index.php?mact=Print,m5printpage,1&m5showbuttom=1&m5script=1&m
Safe Drinking Water Act
Sections 14 and 19 of the Safe Drinking Water Act deal with the contents of an agreement between an accredited operating authority and the owner of a system as well, the standard of care of the owner of a municipal drinking water system as well as of those persons who oversee an accredited operating authority. These Sections have been proclaimed in force as of January 1, 20013.
For further information please see:
www.e-laws.gov.on.ca/html/source/statutes/english/2002/elaws_src_s02032_e.htm
The Regulation Decision Notice on Consequential Amendments to Regulations made under the Safe Drinking Water Act, 2002 which effect the transfer of regulatory authority for small drinking water systems as defined in the Health Protection and Promotion Act to the Ministry of the Health and Long-Term Care was posted on the Environmental Registry on April 18, 2008. The effect of the amendment to the Regulation is to transfer the regulatory authority for small drinking water systems from the Ministry of the Environment.
For further information please see:
http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTAzMTkx&statusId=MTU2ODQx&language=en
New General Regulation to Implement the Cosmetic Pesticides Ban Act
A proposal for a new Regulation to implement the Cosmetic Pesticides Ban Act, 2008 was posted on the Environmental Registry on November 7, 2008 for a 45 day comment period.
The Regulation is intended to replace Ontario Regulation 914. It contains additional proposed provisions for implementing the cosmetic pesticides ban. The draft Regulation includes a list of pesticides to be banned for cosmetic use, a list of pesticides to be banned for sale and a list of domestic pesticide products to be restricted for sale. These latter products include those with cosmetic and non-cosmetic uses.
The draft Regulation provides for exceptions from the bans where the pest control product may be necessary for the control of plants that are poisonous or where the banned pesticides were required to meet safe conditions for public works including roads and railways. Golf courses are exempted subject to the requirement that they follow tough new rules including the requirement that they maintain an Integrated Pest Management Accreditation and file an annual report. Other exemptions apply for sports fields, and for the protection of natural resources where the pest control products are necessary to control and eradicate an invasive species.
For further information please see:
http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA0OTk2&statusId=MTU3MjYz&language=en
and
www.ene.gov.on.ca/en/news/2008/110701.php?print=1
British Columbia:
Compliance and Enforcement Summary, 2008
On October 17, 2008, the British Columbia Administrative Environment released the second Quarterly Compliance and Enforcement Summary for 2008. The summary reports on compliance and enforcement actions taken between April 1, 2008 and June 30, 2008. During that time, 8 orders were issued to prevent or stop impacts to the environment, human health and safety. 42 administrative licensing sanctions were taken against individual commercial hunters, 462 tickets were issued and there were 10 court convictions. In total, there were more than $147,900.00 in fines resulting in a total of more than $235,990 in fines during the first 6 months of 2008.
For further information please see:
www.news.gov.bc.ca/?organisation_obj_id=0b00921e80000574
Alberta:
Climate Change and Emissions Management Amendment Act, 2008
The Climate Change and Emissions Management Amendment Act, 2008 came into force on November 4, 2008.
The Act largely implements administrative changes such as permitting the use of the Climate Change and Emissions Management Funds to pay for expenses incurred by a delegated authority in carrying out the duty or function of the Ministry with respect to the fund, and clarifying the regulation making authority.
For further information please see:
www.assembly.ab.ca/net/index.aspx?p=bills_status&selectbill=008
Alberta's New Planning Strategy for Land Use in the Province
The Alberta government released its Land Use Framework in its final form on December 3, 2008 after an extensive period of public comment and consultation. It includes 7 strategies for improving the use and planning of Alberta's landscapes. These are:
- To develop seven regional land-use plans based on seven new
land-use regions.
- To create a Land-Use Secretariat and establish a Regional
Advisory Council for each region.
- To implement a cumulative effects management system on a
regional basis that will manage impacts of development on air,
water and land.
- To develop a strategy for conservation and stewardship on
private and public lands.
- To promote efficient use of land to reduce the footprint of
human activities on Alberta's landscape.
- To establish an information, monitoring and knowledge system to
contribute to continuous improvement of land-use planning and
decision making.
- To include aboriginal peoples in land-use planning.
One of the key changes that the Land-Use Framework seeks to implement is the movement away from a project-by-project cumulative effects assessment to an assessment of such effects on a regional basis. This could result in key changes to project approvals in the Province depending on the type of project and how heavily the particular region is already being developed.
The Province has expressed its intention to immediately address five priorities to ensure swift implementation of the new Land-Use Framework. This includes the creation of legislation to support the framework, metropolitan plans for the Capital and Calgary regions, the Lower Athabasca Regional Plan, and the South Saskatchewan Regional Plan. The Province has also changed the names of the regions to correspond with the major watersheds in the areas to express their intention to reflect the integration of the land-use strategies with the Alberta Water for Life water management approach.
To read a full copy of the Land-Use Framework and the news
release of the Alberta Department of Sustainable Resource
Development, you can access it at:
http://www.landuse.alberta.ca/
Quebec:
Regulation Respecting the Mandatory Declaration of Water Withdrawals
Notice of the draft Regualtion was published in the Gazette Officielle Du Québec, November 5, 2008. The draft Regulation deals with the mandatory declaration of water withdrawals pursuant to Section 124 of the Environmental Quality Act.
The draft Regulation requires the main water withdrawers in Quebec such as industries, business, institutions that are not supplied by water supply works in municipalities to send to the Minister of Sustainable Development, Environment and Parks a declaration on their withdrawal activities. Specifically they are required to identify the number of withdrawal sites that are operated, and the specific location of the nature of withdrawals. Those subject to the regulation will be required to measure volume of withdrawals. The purpose of the Regulation is to seek to achieve more responsible water use through withdrawal accountability mechanisms.
For further information please see: Gazette Officelle du Quebec, November 5, 2008, Vol. 140, No. 45, page 5079.
What's Happening
Harry Dahme spoke on Water Law in Canada at the 52nd Congress of the Union Internationale Des Avocats, Bucharest, Romania. He and Ian Richler also spoke at the Understanding Environmental Regulations Conference of Educational Programs Innovation Center ("EPIC"). On December 3, 2008 Harry Dahme spoke on Managing Risks: Overcoming the Public Perception Challenge Facing Waste Management Options at the Waste-Based Energy Conference put on by the Canadian Institute.
Mark Madras gave a presentation on Spills and Emergencies: Understanding the Legal Framework on November 25, 2008 at the Envirogate Conference. On that same date he spoke on The Potential of Carbon Finance in P3 Projects for the Canadian Council for Public-Private Partnerships.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
