Canada: Environment @ Gowlings April 15, 2011

Last Updated: April 27 2011

Edited by Harry Dahme

Federal News

  • Addition of 40 Petroleum and Refinery Gases to the List of Toxic Substances
  • Screening Assessment of Batch 12 Substances
  • Pollution Prevention Plans Required for Siloxane D4
  • Significant New Activity Notices
  • Amendments to Rules for Boards of Review
  • CEPA Board of Review
  • Time Extensions re: Dental Amalgam Waste
  • Regulations Amending the Off-Road Compression-Ignition Engine Emission Regulations
  • Regulations Amending the Renewable Fuels Regulation
  • Regulations Respecting Products Containing Mercury
  • Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations
  • Memoranda of Understanding on Substitution under the Canadian Environmental Assessment Act

Provincial News

Alberta

  • New Tire Surcharges

British Columbia

  • Amendments Related to the Wood Residue Burner & Incinerator Regulation

Ontario

  • REA Application Fees Take Effect
  • Further Amendments to Brownfields Regulation 153/04

Québec

  • Regulation Respecting the Declaration of Water Withdrawals Amendments

What's New

  • Jennifer Danahy speaking at Canadian Bar Association Summit on Water Law in Banff, April 7-8, 2011.
  • Harry Dahme moderating the panel presentation on "The Proactive Identification of Critical Environmental Issues in Offshore Wind Development" at the Off-Shore Wind Conference sponsored by Gowlings and EUCI on April 18, 2011.
  • Harry Dahme speaking at GOwen Environmental Contaminated and Hazardous Waste Site Management Course in Toronto June 6-10, 2011.
  • Gowlings - Environmental Law for Business seminar will take place on May 12, 2011.
  • Gowlings Environmental Group, and three members of the Environmental National Practice Group, Alan Blair, Harry Dahme and David Estrin recognized by Chambers Global 2011.

Federal News

Addition of 40 Petroleum and Refinery Gases to the List of Toxic Substances

On January 15, 2011, the Ministers of Environment and Health published notice of their intention to add forty petroleum and refinery gases, which are currently specified on the Domestic Substances List, to the List of Toxic Substances (Schedule 1 of CEPA, 1999). These gases are produced during petroleum refining, upgrading or natural gas processing, and vary in composition depending upon the source of crude oil, bitumen or natural gas, and processing. They are considered "site restricted" substances, in that they are typically not transported offsite, but are instead consumed as fuels on-site, or used as feedstocks within a facility.

Environment Canada noted that some releases of petroleum and refinery gases into the atmosphere may occur, contributing to ambient background levels of 1,3-butadiene. These gases are considered to be persistent in the atmosphere, but not bioaccumulative or inherently toxic to non-human organisms. Carcinogenicity was considered to be a critical effect for human health risk characterization, in particular in relation to 1,3-butadiene.

The Screening Assessment and Risk Management scope document for these substances are available at
www.chemicalsubstances.gc.ca.

Screening Assessment of Batch 12 Substances

Draft screening assessments have been published for Batch 12 substances pursuant to the Chemical Management Plan. As a result of these screening assessments, Environment Canada proposes to add one of the Batch 12 substances, Trisiloxane, cotamethyl-, CAS No. 107-51-7 ("Trisiloxane"), to the List of Toxic Substances, under CEPA, 1999.

Trisiloxane is not manufactured in Canada, but was imported in 2005 and 2006. Trisiloxane is used as an ingredient in industrial, medical and consumer products including cleaning and degreasing products, personal care products and cosmetics. The draft screening assessment concluded that Trisiloxane met the ecological categorization criteria for persistence, bioaccumulation potential and toxicity to non-human organisms, but was not considered to constitute a danger to human life or health. The Screening Assessment and the Risk Management scope document for Trisiloxane are available at http://www.chemicalsubstances.gc.ca/.

All of the remaining Batch 12 substances failed to meet the criteria for toxicity pursuant to CEPA, 1999, and no further action is proposed by Environment Canada. These substances include: carbon black, CAS No. 1333-86-4; Guanidine, N,N'-diphenyl-, CAS No. 102-06-7; Cristobalite, CAS No. 14464-46-1 and Quartz (SiO2) CAS No. 14808-60-7; Trisiloxane, 1,1,1,5,5,5,-hexamethyl-3,3-bis[(trimethylsilyl)oxy]-, CAS No. 3555-47-3; B-Alanine, N-[4-[(2-bromo-6-chloro-4-nitrophenyl)azo]phenyl]-N-(3-methoxy-3-oxopropyl)-,methyl ester; CAS No. 59709-38-5, Silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-,reaction products with ammonia, octamethylcyclotetrasiloxane and silica, CAS No. 68937-51-9; and Pyridine, alkyl derivs, CAS No. 68391-11-7; 1H-Indene, 2,3-dihydro-1,1,3,3,5-pentamethyl-4,6,dinitro-, CAS No. 116-66-5; Ethanamine, N-ethyl-N-hydroxy-, reaction products with hexamethylcyclotrisiloxane, silica and 1,1,1-trimethyl-N-(Trimethylsilyl)silanamine, CAS No. 68583-58-4; and Pyridine, 2-[3-(3-chlorophenyl)propyl]-, CAS No. 101200-53-7.

Environment Canada has published notice that it intends to require the implementation of Pollution Prevention Plans in relation to Cyclotetrasiloxane, octamethyl-, which is a substance included on the List of Toxic Substances (Schedule 1 to CEPA, 1999).

The P2 Plans will be required of persons owning or operating an industrial facility that, in 2011, manufactures or uses D4, or a mixture containing D4, in a quantity greater than or equal to 100 kg per calendar year, and as a result of the manufacturing or use, releases and effluent containing D4 at the facility's final discharge point. The Notice does not apply to persons owning or operating industrial facilities where D4 is used in a concentration of less than 1%, or where D4 is used in any solid material such as rubber, wiring insulation and seals, where the is no effluent containing D4 released at the final point of discharge.

A specific risk management objective of 2.3 ug/L applies to effluent released to surface water or to a wastewater system without treatment, and an objective of 17.3 ug/L applies to effluent released into a wastewater system with treatment. Dilution may not be used to reach the specified concentration, and P2 Plans are to encourage the lowest level of release of D4 that is technically and economically feasible. Priority must be given to approaches that "avoid or minimize the creation of pollutants or waste", and alternatives to D4 should be considered in P2 Plans, provided those alternatives do not degrade into D4, or cause environmental effects similar to D4. The Notice sets out requirements for sampling and analysis, monitoring and record retention, and requires the filing of Interim Progress Reports until implementation has been completed.

P2 Plans must be prepared, and implementation must be started, within 12 months of the publication of the Final Notice. Implementation must be complete no later than 60 months from the date of publication of the Final Notice. For persons who become subject to the Notice at a date later than the date of publication, the plan must be implemented within 24 months of the person becoming subject to the Final Notice.

Significant New Activity Notices

On January 8, 2011, Environment Canada published a proposal to add Significant New Activity ("SNAc") flags to three substances that are currently on the Domestic Substances List. These substances are: 1H-Indene, 2, 3-dihydro-1,1,3,3,5-pentamethyl-4,6-dinitro-, CAS No. 116-66-5, Ethanamine, N-ethyl-N-hydroxy-, reaction products with hexamethylcyclotrisiloxane, silica and 1,1,1-trimethyl-N-(trimethylsilyl)silanamine, CAS No. 68583-58-4 and Pyridine, 2-[3-(3-chlorophenyl) propyl]-, CAS No. 101200-53-7. The proposal was open for comment from January 8 – March 8, 2011. The SNAc flag would, once added to the DSL, prohibit any person from using, manufacturing or importing more than 100 kg of the substance unless specified information is first provided, including the information set out in Schedule 6 to the New Substance Notification Regulations (Chemicals and Polymers) ("NSN Regulations"), and an assessment period of 90 days has expired.

On January 15, 2011, Environment Canada published a proposal to add at SNAc flag to the Domestic Substances List in relation to Nickel, bis[2,3-bis(hydroxyimino)-N-(2-methoxyphenyl)butanamidato]. Specified information, including but not limited to information from Schedules 4-6 of the NSN Regulations, must be provided to Environment Canada 90 days prior to the use, import or manufacture of 100 kgs of the substance.

On January 22, 2011, Environment Canada published a proposal to add SNAc flags to the Domestic Substances List in relation to five additional substances: Thiourea (CAS No. 62-56-6); Oxirane, chloromethyl- (CAS No. 106-89-8); Phenol, 2,4,6-tris(1,1-dimethylethyl)-, CAS No. 732-26-3); C.I. Pigment Yellow 34 (CAS No. 1344-37-2); and C.I. Pigment Red 104 (CAS No. 12656-85-8). The proposal was open for comment from January 22 - March 22, 2011. Specified information must be submitted 180 days prior to the use, import or manufacture of these substances. Specific uses of the substances are exempt.

On January 12, 2011, Environment Canada amended the Domestic Substances List to add a SNAc flag to the substance Resin acids and Rosin acids, fumarated, barium salts, CAS No. 124751-15-1. The SNAc flag requires submission of the information set out in Schedule 6, 90 days prior to the threshold of 100 kg being reached.

Further details regarding these substances are available at http://www.chemicalsubstances.gc.ca/.

Amendments to Rules for Boards of Review

On January 11, 2011, Environment Canada published notice that the Rules of Procedure for Boards of Review pursuant to CEPA,1999 had been amended. The amendments permit the Board to require the Minister or a party to file a written summary, of facts and evidence to be presented, the names of witnesses to be called and a summary of their evidence, seven days prior to the hearing.

The Board's hearings are to be conducted in public, and information provided to the Board for the purpose of an inquiry shall be placed on the public record, unless such information or evidence is confidential pursuant to specified provisions of the Privacy Act. Amendments were also made addressing the awarding of costs.

CEPA Board of Review

Gowlings will be appearing on behalf of the Silicones, Environmental Health and Safety Council of North America, and the Canadian Cosmetic, Toiletry and Fragrance Association at the CEPA Board of Review on D5 Siloxane.

For more information see:
http://canadagazette.gc.ca/rp-pr/p2/2011/2011-02-02/html/sor-dors1-eng.html

Time Extensions re: Dental Amalgam Waste

On Feb. 5, 2011, notice was given that three specific dental practices had each been granted extensions of 168 days, until April 30, 2011, in order to implement pollution prevention plans related to the Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Dental Amalgam Waste.

Regulations Amending the Off-Road Compression-Ignition Engine Emission Regulations

The Federal Government is proposing regulations amending the Off-Road Compression-Ignition Engine Emission Regulations to further reduce emissions from off-road diesel engines in Canada by establishing more stringent Canadian off-road emission standards and test procedures.

The proposed amendments would apply to off-road diesel engines used in machines such as tractors, bulldozers and log loaders. They would set new standards for emissions of volatile organic compounds (VOCs), nitrogen oxide (NOX), particulate matter (PM), and other pollutants listed as toxic substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA 1999).

The proposed amendments would align Canadian emission standards in this area with those of the United States Environmental Protection Agency, and would recognize U.S. EPA certificates as evidence of compliance.

Transition engine provisions would also be available.

For more information see:
http://www.gazette.gc.ca/rp-pr/p1/2011/2011-02-12/html/reg1-eng.html

Regulations Amending the Renewable Fuels Regulation

The Federal Government is proposing a coming into force date of July 1, 2011, for the Renewable Fuels Regulations as published in the Canada Gazette Part II on September 1, 2010. These Regulations include provisions requiring an average of 2% for renewable content in diesel fuel and heating distillate oil.

For more information see:
http://www.gazette.gc.ca/rp-pr/p1/2011/2011-02-26/html/reg3-eng.html

Regulations Respecting Products Containing Mercury

The Federal Government is proposing regulations which would prohibit the manufacture, import and sale of products containing mercury, with exceptions for essential products which have no viable alternatives (for example, lamps, certain health, safety and research applications and dental amalgam). Exempted products would be listed in the schedule to the Regulations.

The proposed regulations would allow permits to be granted based on product purpose (critical use vs. novelty), availability of alternatives, risks and benefits for human health and the environment and end of life management practices. Requirements for permitted and exempted products may include labeling, reporting and mercury content limits for products such as fluorescent lamps and neon signs.

The proposed regulations would come into force in 2012.

For more information see:
http://www.gazette.gc.ca/rp-pr/p1/2011/2011-02-26/html/reg4-eng.html

Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations

The Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations were published in the Canada Gazette Part II of February 16, 2011. The objective of the regulations is to establish Canadian emission standards to the reduce air pollution from these classes of engines, vessels and vehicles.

For the first time in Canada, these regulations set Canadian emission standards and test procedures for marine engines, vessels with installed fuel lines or fuel tanks and off-road recreational vehicles.

The regulations align with those of the United States Environmental Protection Agency and recognize the U.S. EPA certificate as evidence of conformity.

For more information see:
http://www.gazette.gc.ca/rp-pr/p2/2011/2011-02-16/html/sor-dors10-eng.html

Memoranda of Understanding on Substitution under the Canadian Environmental Assessment Act

A Memoranda of Understanding has been entered into between the federal Minister of Environment and the Canadian Nuclear Safety Commission under which it is agreed that the CNSC's public hearing and licensing process can be an appropriate substitute for an assessment by a Review Panel under the Canadian Environmental Assessment Act and its Regulations.

The MOU applies when an application is made to the Commission to issue a licence under the Nuclear Safety and Control Act for a project that the Commission would otherwise recommend the Minister refer to a Review Panel in accordance with provisions of the CEAA. MOU mandates the Commission to conduct the review in a manner that discharges the requirements set out in CEAA, substituting the Commission's process for that of an assessment by a Review Panel.

The Commission is to coordinate the participation of other Responsible Authorities and Federal Authorities in the environmental assessment as well as undertake early notification and consultations with authorities of provincial jurisdictions which may have an interest in the matter. As well, the MOU specifies elements of the review which the Commission must perform, and that participant funding for the review is to be provided and administered by the Commission.

For more information see:
http://nuclearsafety.gc.ca/eng/lawsregs/agreements/mou-substitution-environmental-assessment-process.cfm

Alberta

New Tire Surcharges

Alberta has amended the Tire Designation Regulation (AR 95/2004) to provide a schedule of maximum surcharges for different tire types pursuant to the Designated Material Recycling and Management Regulation. The maximum charge had been $4, while the new schedule provides maximum surcharges that range from $4 to $200. The surcharge on passenger and light truck tires remains at $4, while medium truck tires (>19.5 inches) have a maximum surcharge of $9, small OTR tires have a maximum surcharge of $40, medium OTR tires $100 and large OTR tires have a maximum surcharge of $200.

For more information see:
http://www.qp.alberta.ca/documents/gazette/2011/text/01_Jan15_Part2.cfm

Amendments Related to the Wood Residue Burner & Incinerator Regulation

B.C. has repealed the Rebate of Waste Management Fees Regulation (B.C. Reg. 267/2000). This regulation allowed the Minister to rebate fees or charges paid under the Wood Residue Burner and Incinerator Regulation (B.C. Reg. 519/95), in order to foster the development or commercialization of value-added applications for wood residue. B.C. has also repealed the Ootsa Lake Beehive Burner Regulation (B.C. Reg. 142/2001).

B.C. has amended the Wood Residue Burner and Incinerator Regulation (B.C. Reg. 519/95). The amendments repeal and amend existing provisions of the regulation, and replace the existing schedules with a list of Authorized Burner Facilities (Schedule 1). The amended section 2 prohibits the use of a burner facility to dispose of wood residue, unless a permit is held for this purpose. Permit holders may use burner facilities to dispose of wood residue until December 31, 2016.

See:
http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/51_519_95

Ontario

REA Application Fees Take Effect

Fees related to the processing of Renewable Energy Approval applications, made pursuant to the Green Energy and Economy Act, 2009, took effect on March 15, 2011. Fees vary by project class, and are capped at $1,000 for small scale and farm-based projects. The cap applies to REA applications for Solar Class 3 projects (solar PV installations, 500 kilowatts or less), Wind Class 2 (micro/small turbine, less than 50 kilowatts), Anaerobic Digestion, Class 1 and 2 (on farm, green bin, biomass & farm materials), and Thermal Treatment Class 1 and 2 (on-farm, wood and biomass burning).

Where a REA is required for other project classes, however, the fees can be much higher. For example, the fee for a REA application for a Class 4 Wind project (onshore windfarm over 50 MW) is $56,458, and the application fee for a REA for a Class 5, off-shore commercial wind farm is $67,905. The application fee for a REA for a Class 3 Solar Farm is $12, 844.

For further details, and for the fees applicable to other project types, see the information posting on the Environmental Registry titled "Renewable Energy Approval (REA) Fees", posting number 011-1203, at http://www.ebr.gov.on.ca/.

Further Amendments to Brownfields Regulation 153/04

Ontario is proposing further amendments to its Brownfields Regulation 153/04. The amendments are described as technical in nature and consistent with the policy intent of the Brownfield Regulation as amended in December 2009.

The proposed amendments are said to clarify the intent and scope of certain provisions of the Brownfield Regulation, correct minor errors and incorporate new data. The proposed amendments include the following:

  • Improvement to the standards
  • Improvements to Modified Generic Risk Assessment (MGRA) model that do not impact standards, and Process for Updating MGRA
  • Ensure consistency between Modified Generic Risk Assessment (MGRA) and Ontario Regulation 153/04
  • Clarify which wells are to be captured in section 35 of Ontario Regulation 153/04
  • Clarify standards applicable to "arenas"
  • Changes to the Potentially Contaminating Activities list
  • No soil exists at property to meet sampling requirements
  • Confirmation sampling

The Ministry of Environment is also proposing to amend the "Protocol for Analytical Methods Used in the Assessment of Properties under Part XV.1 of the Environmental Protection Act". The Protocol is to provide Qualified Persons and laboratories clear guidance in all aspects of the sampling process to ensure the highest quality data is provided in the decision-making while meeting regulatory requirements.

The proposed amendments are to come into effect on July 1, 2011.

For more information see:
http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTEyMDMw&statusId=MTY4MDc1&language=en

Québec

Regulation Respecting the Declaration of Water Withdrawals Amended

Quebec published notice in January of proposed amendments to the Regulation Respecting the Declaration of Water Withdrawals, c.Q-2, r. 14, in order to implement certain provisions of the Great Lakes – St. Lawrence River Basin Sustainable Water Resources Agreement entered into in 2005 between Quebec, Ontario, Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin. Among other things, the amendments establish standards for the declaration of water withdrawals to be used to establish reference volumes pursuant to the Agreement. New provisions would require an initial declaration of existing withdrawals to be made by March 31, 2012, for facilities or works with a rated capacity equal to or greater than 379,000 litres per day. Annual declarations would also be required required. For new withdrawals authorized for the purpose of a transfer out of the St. Lawrence River Basin, measuring equipment must be installed in order to measure, rather than estimate, reference volumes.

For more information see:
www.mddep.gouv.qc.ca/eau/prelevements/reglement2011-en.pdf

What's New

Jennifer Danahy spoke at the Canadian Bar Association NEERLS Summit on Water Law: Property, Protection and Policy, taking place in Banff on April 7-8, 2011. For details see http://www.cba.org/CBA/sections_neerls/main.

On April 18, 2011 Harry Dahme will be moderating the panel presentation on "The Proactive Identification of Critical Environmental Issues in Offshore Wind Development" at the Off-Shore Wind Conference sponsored by Gowlings and EUCI. For more information or to register please go to:

http://www.gowlings.com/Events/Invitations/2011/TOR_0418.en.html

Gowlings –Environmental Law for Business seminar will take place on May 12, 2011. Outside experts and Gowlings' lawyers will be addressing new developments in the area of Environmental Law. For a complete seminar program and to register please see:

http://www.gowlings.com/Events/Invitations/2011/TOR_0512.en.html

On June 10, 2011, Harry Dahme will be presenting at the 16th Annual Contaminated and Hazardous Waste Site Management Course offered by GOwen Environmental in Toronto between June 6-10, 2011. For more information about the Course, please see: http://www.contaminatedsite.com/.

Gowlings Environmental Group, and three members of the Environmental National Practice Group, Alan Blair, Harry Dahme and David Estrin were recognized by Chambers Global 2011, an authoritative legal rankings directory that recognizes law firms and lawyers with true international practices. Chambers Global 2011 rankings are the result of 6,500 peer and client interviews over a 12-month period. These rankings also appear in Chambers U.K. and Chambers Europe guides.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions