Under the PCB regulations, PCBs can only be used in particular
concentrations. The conviction related to the continued use, and
failure to store or send for destruction to an authorized facility,
of equipment containing PCBs
at concentrations in excess of those permitted under the
Of the over 100 convictions under numerous federal environmental
statutes and regulations
listed by Environment Canada on its website (dating back to
2011), only three relate to PCB infractions. Fines in the two other
cases were $50,000, for a
release of PCB contaminated oil, and $87,000,
for a PCB spill.
Under CEPA, there are over 57 regulations related to
environmental protection, regulating everything from the carbon
dioxide emissions from coal-fired plants to solvent degreasing
regulations. In 2011, Ecojustice released a
report regarding the federal government's record of
enforcement under federal statutes, including CEPA. The overall
conclusion was that the number of prosecutions and convictions was
extremely small in relation to the number of inspections, warnings
This may make sense, in so far as prosecutions are the most
expensive form of enforcement tool, and should be used only when
most necessary. However, Ecojustice notes "the credible threat
of a successful prosecution is crucial to achieving deterrent
effect, [and] these low absolute numbers [0 to 11 convictions under
CEPA between 2000 and 2010] (and the small fines accompanying
convictions) give rise to concern regarding the overall
effectiveness of the CEPA enforcement regime."
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
The Imperial Oil refinery pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000...
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