Canada: Environment @ Gowlings - November 23, 2009

Last Updated: November 25 2009

Edited by Harry Dahme

Contents

FEDERAL NEWS

  • Chemicals Management Plan
  • Significant New Activity Notice, August 4, 2009
  • Notice with respect to Benzoic Acid
  • Final Decision on the Screening Assessment of Batch 5 Substances
  • Significant New Activity Notices, September 5, 2009
  • Notice of Release of the Draft Screening Assessments for Batch 7 Substances
  • Notice of the Release of Technical Information for Batch 11 Substances
  • Notice for Batch 11 Substances
  • Notice for Batch 12 Substances
  • Notice with respect to Micro-organisms on the Domestic Substances List
  • Notice with respect to Certain Chemicals on the Domestic Substances List
  • Order Amending the Domestic Substances List to Add 19 Substances
  • Order Amending the Domestic Substances List re Disperse Orange 5
  • Orders Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999

OTHER FEDERAL NEWS

  • Regulations Amending the Disposal at Sea Regulations
  • Proposed Regulations Amending the PCB Regulations
  • An Act to amend the Energy Efficiency Act comes into force
  • Canadian Nuclear Safety Commission Releases Joint Report with Environment Canada
  • Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations
  • CCME releases Biosolids Emissions Model

PROVINCIAL NEWS

ONTARIO

  • New Green Energy Regime Comes into Force
  • Regulatory Framework for the Management of Non-Agricultural Source Materials
  • Regulations 336/09 and 337/09 made under the Environmental Protection Act
  • Environmental Commissioner of Ontario Submits 2008/2009 Annual Report
  • 407 East Environmental Assessment
  • Gardiner Expressway and Lakeshore Boulevard Reconfiguration Terms of Reference

Announcements



Chemicals Management Plan

Environment Canada is currently in the process of assessing approximately 200 high priority substances on Canada's Domestic Substances List ("DSL") for toxicity, use, and the need for regulatory control. The DSL is the list of substances that were in commercial use between 1984 and 1986, which pre-date the Federal notice and assessment protocol for toxicity that came into effect under the New Substances Notification Regulations. Environment Canada is releasing batches of 15-30 substances every three months to provide industry with the opportunity to submit the prescribed information to Environment Canada as part of the assessment process.



Significant New Activity Notice, August 4, 2009

On August 4, 2009, notice was published in the Canada Gazette Part II of Orders Amending the DSL by deleting two substances currently listed on the DSL from Part I and adding them to Part II and indicating, by the addition of the letter "S" following the substances identification number that said the substances will be subject to the Significant New activity provisions under subsection 81(3) of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice is to ensure that the Federal government is notified of any new use, manufacture or importation of these substances in a quantity greater than 100 kg. per year and that the substance undergo ecological and human health risk assessments prior to those substances being introduced into Canada. The substances listed in the Notice are:

  • Fluorotriphenylstannanane (fluorotriphenyltin) (CAS Number 379-52-52); and
  • Tetraphenylstannane (tetraphenyltin) (CAS Number 595090-4).

A Similar Order amending the DSL was also made in respect of five other substances which were in Batch 4 of the Challenge. The screening assessments for these substances found that they met the ecological categorization criteria for persistence, bioaccumulation and inherent toxicity to non-human organisms. Based on information provided by industry there are no reports of industrial activities with respect to these substances about the reporting threshold of 100 kg. per year for the reporting years of 2005 and 2006.

Screening assessments of six additional substances, including:

  • Benzemanine, 2,6-dinitro-N, N-dipropyl-4(trifluoromethyl)-(Trifluralin);
  • 1,3,5-Triazine-2,4-diamine, 6 chloro-N-ethyl-N'-(1-methylethyl)-(Atrazine);
  • 1,3 Benzenedicarbonitrile, 2,4,5,6-tetrachloro-(Chlorothalonil);
  • I H-indene-1,3(2H)-dione, 2-[(4-chloroohenyl)phenylacetyl]- (Chlorophacinone);
  • Benzene, 1,1' -(2,2,2-trichloroethylidene)bis[4-methoxy-(Methoxychlor); and
  • Phenol, pentachloro- (pentachlorophenol).

determined that trifluralin met the criteria for persistence, bioaccumulation and inherent toxicity to human beings or non-human organisms, atrazine, chlorothalonil, methoxyclhor and pentachlorophenol were determined to be both persistent and inherently toxic to non-human organisms and chlorophacinone was determined to be both bioaccumulated and inherently toxic to non-human organisms. Additionally, four of those substances, atrazine, chlorothalonil, trifluralin and pentachlorophenol were identified as inherently toxic to humans. These substances are also regulated under the Pest Control Products Act. A survey of industry revealed that there was no use, importation or manufacture of these substances or applications above the reporting threshold of 100 kg per year in 2000 other than those regulated under the Pest Control Products Act.



Notice with respect to Benzoic Acid

Notice was published of the proposal to amend the DSL by requiring a Significant New Activity Notice in respect of Benzoic acid, 2-hydroxy-, 2-butyloctyle ester in any quantity other than its use in sunscreen products in a concentration of no more than 5 % of the final product or its use in a product whether it is exported before being sold to the public.

For more information please see:

Canada Gazette Part I, August 22, 2009, Vol. 143, No. 34, page 2499



Final Decision on the Screening Assessment of Batch 5 Substances

Notices relating to the final assessment decisions for the 19 substances in Batch 5 of the Challenge were published in the Supplement Canada Gazette Part I, August 22, 2009.

For seventeen of the substances the conclusions of the Screening Assessments were that the substances did not meet the criteria set out in section 64 of the CEPA, 1999.

For fifteen of these substances no further action was proposed to be taken.

A Significant New Activity Notice will be required for 2-chloroacetamide. 2-chloroacetamide was identified as a high priority for screening assessment as it was found to pose a high hazard to human health based on its classification as a reproductive toxicant by the European Commission. It is registered as a pesticide for use in paint, adhesive, dyestuff, detergent, textile and related industries under the Pest Control Products Act. Since no uses or release of the substance other than those covered by the Pest Control Products Act have been identified in Canada, no further assessment was required unless new activities for the substance which have not been identified or assessed could lead to the substance meeting the criteria set out in section 64 of the Act.

Of the Batch 5 substances, two of the substances, 2-Propenamide(acrylamide) did meet one or more of the criteria in section 64 of CEPA, 1999 and accordingly those substances are added to Schedule 1 of the Act. Acrylamide is used in the manufacture of various polymers which are used in binding, thickening or flocculating agents for a number of substances. TCEP is used as a plasticizer and viscosity regulator with flame-retardant properties in polyurethanes, polyester resins and other polymers which may be used in furniture, building and textile industries.

For more information please see:

Supplement Canada Gazette, Part I, August 22, 2009, page 4.



Significant New Activity Notices, September 5, 2009

Notice was published in Canada Gazette, Part I, September 5, 2009 of the intent to amend the Domestic Substances List to indicate that the following five substances are intended to be subject to the New Significant Activity provisions in section 81(3) of CEPA, 1999.

  • 3H-Pyrazol-3, one, 4-[(2-chlorophenyl)azol]-2,4-dihydro-methyl-2-phenyl-(Chemical Abstracts Service [CAS] Registry No. 6407-74-5);
  • 3H-Pyrazol-3, one, 4[2-dimethylphenyl)azol]-2,4-dihydro-5-methyl-2-phenyl-(CAS Registry No 6407-78-9);
  • I-Naphthalenemethanol, α,α-bis[4-diethylamino)phenyl]-4-(ethylamino)-(CAS Registry No. 1325-86-6);
  • I-Naphthalenemethanol, α,α-bis [4-(dimethylamino)phenyl]4-(phenylamino)-(CAS Registry No. 6786-83-0); and
  • [1,1'-Biphenyl]-4,4'-diamine, N,N'-bis(2,4-dinitrophenyl)-3,3'-dimethoxy-(CAS Registry No. 29398-96-7).

For more information please see:

Canada Gazette, Part I, September 5, 2009, vol. 143, No. 36, page 2654



Notice of Release of the Draft Screening Assessments for Batch 7 Substances

Notices relating to the draft screening assessments for the 14 substances in Batch 7 of the Challenge were published in the Supplement Canada Gazette, Part I, September 5, 2009.

For five substances in Batch 7 (CAS No. 6407-74-5, 6407-78-9, 1325-86-6, 6786-83-0 and 29398-96-7), the proposed conclusion of the draft screening assessment is that these substances do not meet the criteria set out in section 64 of the Canadian Environmental Protection Act, 1999. However, while these substances are not in commerce and they are not entering the environment, there is concern that new activities for these substances which have not been identified or assessed under CEPA 1999 could lead to these substances meeting the criteria set out in section 64 of the Act. Therefore, it was recommended that these substances be subject to the Significant New Activity provisions specified under subsection 81(3) of the Act, so that any new manufacture or use of these substances is notified and will undergo ecological and human health risk assessments as specified in section 83 of the Act prior to the substance being introduced into Canada.

The 60-day public comment period expired on November 4 2009.

For more information please see:

Supplement Canada Gazette, Part I, September 5, 2009, page 3.



Notice of the Release of Technical Information for Batch 11 Substances

The Federal government provided notice on September 26, 2009 that it is releasing technical documentation relevant to the 16 substances in Batch 11. The technical information:

  • summarizes the scientific information and any relevant uncertainties;
  • specifies the information necessary for improved decision making and, where appropriate, requires submission of this data using s. 71 of the Canadian Environmental Protection Act, 1999; and
  • outlines how this information will be used in decisions.

Interested parties may submit the information detailed in the technical documentation. The technical documentation and associated deadlines for submission of information are available at the Chemical Substances website here:

www.chemicalsusbstances.gc.ca .

For more information please see:

Canada Gazette Part I, September 26, 2009, Vol. 143, No. 39, page 2858.



Notice for Batch 11 Substances

On September 26, 2009, the Federal government provided notice pursuant to s. 71(1)(b) of the Environmental Protection Act, 1999 that the Minister of Environment requires any person who:

  • manufactured or imported a total quantity > 100 kg of a listed substance whether alone, in a mixture, in a product, or in a manufactured item; or
  • used a total quantity > 1000 kg of a listed substance at any concentration, whether alone, in a mixture, in a product or in a manufactured item

during the 2006 calendar year to provide the prescribed information. Listed substances are the Batch 11 substances described in Schedule 1 of the notice. Responses to the notice must be submitted to the Minister of the Environment, to the attention of the DSL Surveys Co-ordinator, Chemicals Management Plan no later than January 26, 2010 at 3:00 p.m. EST.

For more information please see:

Canada Gazette Part I, September 26, 2009, Vol. 143, No. 39, page 2865



Notice for Batch 12 Substances

The Federal government gave notice on September 26, 2009 that it intends to publish the technical documentation on 16 substances assigned to the 12 th batch of chemical substances identified as high priority for action. Interested parties will be challenged to submit the specific information detailed in the technical documents at that time.

For more information please see:

Canada Gazette Part I, September 26, 2009, Vol. 143, No. 39, page 2863



Notice with respect to Micro-organisms on the Domestic Substances List

On October 3, 2009, the Minister of Environment gave notice pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999 to prescribed persons that information is required from them for the purpose of assessing whether the substances listed in Schedule 1 to the notice are toxic or are capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control the listed substances. The microorganisms listed in Schedule 1 include, but are not limited to, Bacillus cereus, Bacillus subtilis, and Pseudomonas fluorescens.

The notice applies to any person who, during the 2008 calendar year, manufactured or imported a prescribed substance whether alone, in a mixture, or in a product. The Minister requires such persons to provide the prescribed information to the Minister of the Environment, to the attention of the DSL, Surveys Co-ordinator, Chemicals Management Plan no later than March 30, 2010 at 3 p.m. EST.

For more information please see:

Canada Gazette Part I, October 3, 2009, Vol. 143, No. 40, page 2936.



Notice with respect to Certain Chemicals on the Domestic Substances List

Pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999, the Minister of Environment gave notice on October 3, 2009 that he requires information about the approximately 500 substances listed in Schedule 1 of the notice for the purpose of assessing whether the substances are toxic or are capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control the listed substances.

The notice applies to any person who manufactured or imported a total quality > 100 kg of a listed substance whether alone, in a mixture, in a product or in a manufactured item during the 2008 calendar year.

Responses to the notice must be submitted to the Minister of Environment, to the attention of the DSL, Surveys Coordinator, Chemicals Management Plan no later than March 30, 2010 at 3:00 p.m. EST.

For more information please see:

Canada Gazette Part I, October 3, 2009, Vol. 143, No. 40, page 2945.



Order Amending the Domestic Substances List to Add 19 Substances

On September 16, 2009, the Ministers of Environment and Health published Order 2009-87-07-01 pursuant to s. 87(1) of the Canadian Environmental Protection Act, 1999. The Ministers were satisfied that the 19 substances that the Order added to the DSL were manufactured in or imported into Canada, by the person who provided the information, in excess of the quantity prescribed by the New Substances Notification Regulations (Chemicals and Polymers).

The DSL is the sole basis in Canada for determining whether a substance is "existing" or "new" to Canada. Substances that are on the DSL are deemed to be "existing" substances and they are not subject to the notice and assessment requirements for new substances prescribed by the New Substances Notification Regulations (Chemicals and Polymers).

The Order came into force on August 28, 2009.

For more information please see:

Canada Gazette Part II, September 16, 2009, Vol. 143, No. 19, page 1753.



Order Amending the Domestic Substances List re Disperse Orange 5

On September 16, 2009, the Ministers of Environment and Health published Order 2009-87-05-04 that amends the DSL by deleting Ethanol, 2-[[4-[(2, 6-dichloro-4-nitrophenyl)azo]phenyl]methylamino]- ("Disperse Orange 5") from Part 1 and adding it to Part 2 with the letter S' following the substance identification number. Disperse Orange 5 is now subject to the significant new activities provisions of s. 81(3) of the Canadian Environmental Protection Act, 1999. Subsection 81(3) requires that any person who intends to use, import or manufacture the substance in a quantity > 100 kg in a calendar year to provide the prescribed information to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in a calendar year.

The Order came into force on August 31, 2009.

For more information please see:

Canada Gazette Part II, September 16, 2009, Vol. 143, No. 19, page 1760.



Orders Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999

The Ministers of Environment and Health published three orders on October 3, 2009 made under s. 90(1) of the Canadian Environmental Protection Act, 1999 to add the following substances to the List of Toxic Substances in Schedule 1:

  • Sulfuric acid, diethyl ester;
  • Sulfuric acid, dimethyl ester;
  • Benazamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene;
  • 2-Propenamide;
  • Ethanol, 2-chloro-, phosphate (3:1);
  • Tributyltins; and
  • Tetrabutyltins.

For more information please see:

Canada Gazette Part I, October 3, 2009, Vol. 143, No. 40, pages 3015, 3025 and 3030.



OTHER FEDERAL NEWS

Regulations Amending the Disposal at Sea Regulations

The Regulations Amending the Disposal at Sea Regulations ("Regulations") were published and came into force on September 9, 2009. The Regulations specify four areas that are to be included in the definition of the sea in Part 7, Division 3, of the Canadian Environmental Protection Act, 1999. Those areas include the Fraser, Mackenzie, and Miramichi estuaries as well as the Bras D'or Lakes. The Regulations identify the geographic boundaries between freshwater and the sea in the Fraser, Mackenzie, Miramichi estuaries. They also provide that disposal activities in the Bras D'or Lakes, which contain brackish water, fall under Federal authority. The boundaries established by the Regulations identify the area in which the Federal disposal at sea provisions apply.

For more information please see:

Canada Gazette Part II, September 30, 2009, Vol. 143, No. 20, page 1789.



Proposed Regulations Amending the PCB Regulations

The PCB Regulations ("Regulations") were published on September 17, 2008. The Regulations establish deadlines for ending the use and long-term storage of PCBs and products containing PCBs. They require that all PCBs and products containing PCBs that were stored on September 5, 2008 be sent for destruction by December 31, 2009. The PCBs could, however, be stored at an authorized destruction facility for a two-year period, following which they must be destroyed.

The proposed Regulations Amending the PCB Regulations were published on September 26, 2009. They propose to:

  • allow on-site storage of PCBs or products containing PCBs for an additional two years, until December 31, 2011. The PCBs must, however, be destroyed at the site by that date; and
  • require PCB owners opting to destroy PCBs on-site to obtain the necessary authorizations from their respective territorial or provincial government.

The proposed amendments seek to provide increased flexibility to regulated persons to use on-site destruction methods for stored PCBs without compromising the timeline for the final destruction of PCBs as prescribed by the Regulations.

Owners of PCBs that will have them destroyed off-site will continue to be subject to the current end-of-storage deadline of December 31, 2009.

The Regulations Amending the PCB Regulations also seek to clarify existing ambiguities with the Regulations and to address identified inconsistencies.

Any person may file comments about the proposed regulation with the Minister of the Environment within 60 days after the date of publication of the notice.

For more information please see:

Canada Gazette Part I, September 26, 2009, Vol. 143, No. 39, page 2920.



An Act to amend the Energy Efficiency Act comes into force

On September 21, 2009, An Act to amend the Energy Efficiency Act was proclaimed into force by the Governor General. The Act amends the Energy Efficiency Act to:

  • clarify that classes of energy-using products may be established based on their common energy-consuming characteristics, the intended use of the products or the conditions under which the products are normally used;
  • require that all interprovincial shipments of energy-using products meet the requirements of the Act;
  • require dealers to provide the Minister of Natural Resources with prescribed information respecting the shipment or importation of energy-using products; and
  • broaden the scope of the labelling provisions.

For more information please see:



Canada Gazette Part II, September 30, 3009, Vol. 143, No. 20, page 1960.

Canadian Nuclear Safety Commission Releases Joint Report with Environment Canada

The Canadian Nuclear Safety Commission released a joint report with Environment Canada entitled "Risk Management of Uranium Releases From Uranium Mines and Mills" on September 30, 2009. The Report covers activities completed as of the end of 2007, and concludes that EC and the CNSC, along with industry, have successfully met uranium risk-management objectives. In particular, the Report concludes that activities implemented at the Rabbit Lake Uranium Mine and Mill and the Key Lake Operation were successful in reducing the discharge of uranium into the environment. A 67% reduction in uranium concentration in Island Lake at the Cluff Lake Operation was also recorded.

For more information please see:

http://www.cnsc-ccsn.gc.ca/eng/readingroom/reports/uranium/index.cfm



Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

The Federal government issued the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations ("Regulations") on September 30, 2009. The Regulations seek to reduce VOC emissions from the architectural coatings sector by establishing mandatory VOC concentration limits for 53 categories of architectural coatings. Products in these categories include, but are not limited to, paints, stains and lacquers. Architectural coatings that are imported, manufactured, or sold for use in Canada will be subject to the Regulations.

Prohibitions applicable to the import and manufacture of architectural coatings take effect over a five year period. The prohibitions begin one year after the Regulations are registered. There is a subsequent two-year "sell-through" period for each coating category during which coatings exceeding the applicable VOC limit, manufactured and imported prior to the effective dates, can still be sold. The Regulations also include provisions for temporary permits (valid for up to four years) to provide flexibility to manufacturers who face unforeseen technical or economic barriers to reformulation. The prohibition on sale or offer-for-sale takes effect two years following the expiry of the permit.

The Regulations also prescribed labelling and record keeping requirements.

The Regulations were registered on September 9, 2009.

For more information please see:

Canada Gazette Part II, September 30, 2009, Vol. 143, No. 20, page 1855.



CCME releases Biosolids Emissions Model

On October 7, 2009, the Canadian Council of the Ministers of Environment released a Biosolids Emissions Assessment Model which allows users to calculate the net greenhouse gas ("GHG") emissions from biosolids management. Biosolids result from the treatment of wastewater which removes the solids (sludge) from the liquid effluent. The Model was designed as a tool to establish a verifiable method of quantifying emissions from biosolids management practices. This is important because quantified emissions reductions may potentially be converted into carbon credits which can be sold or traded to offset the cost of biosolids management. One important feature of the Model is that it is designed to calculate GHG emissions from multiple management scenarios. This feature enables users to evaluate the impact of different management scenarios on GHG emissions, and to plan accordingly.

For more information please see:

http://www.ccme.ca/ourwork/waste.html?category_id=137



PROVINCIAL NEWS

ONTARIO:

New Green Energy Regime Comes into Force

On September 9 and 24, 2009, many parts of the Green Energy and Green Economy Act, 2009 received Royal Proclamation and therefore came into force along with associated regulations.

Several key components to the government's strategy to encourage the generation of renewable energy are now in place and operational. One important feature of new regime is that it streamlines the approval and permitting process for renewable energy projects. Renewable Energy Approvals are now required for renewable energy projects instead of the basket of permits formerly required. Such projects are now exempt from a variety of municipal and provincial environmental approvals, including provincial environmental assessments.

The new regime also establishes a feed-in tariff program for renewable energy sources. The program is North America's first comprehensive feed-in tariff program for renewable electricity production, and guarantees prices under long-term contracts for energy generated from renewable sources including biomass, biogas, landfill gas, on-shore and off-shore wind, solar photovoltaic, and water power. The Ontario Power Authority is responsible for implementing the feed-in tariff program. The OPA began excepting applications on October 1, 2009.

Renewable energy generation facilities are also provided with a "right to connect" to transmission and electricity distributions systems in Ontario under the new regime provided that the prescribed conditions are met.

For more information please see:

http://www.ene.gov.on.ca/en/business/green-energy/



Regulatory Framework for the Management of Non-Agricultural Source Materials

The Ministry of Environment and the Ministry of Agriculture, Food and Rural Affairs ("OMFRA") completed the final stage of an initiative to improve the regulatory framework governing the application of non-agricultural source materials (NASM) on agricultural land under the Nutrient Management Act, 2002. Both Ministries share responsibility for ensuring that the environment, Ontario's water supply, and public health are protected with respect to the application of biosolids and other nutrients on farmland. Generators of NASM will continue to be regulated under the Environmental Protection Act until the materials arrive at the farmer's gate where the materials become subject to the Nutrient Management Act regulations. The amendments streamline and strengthen the regulatory process. In particular, land application approval is still required for certain materials like sewage biosolids, which require a detailed plan prepared by a certified person and approved by OMFRA.

For more information please see:

http://www.omafra.gov.on.ca/english/nm/nasm.html



Regulations 336/09 and 337/09 made under the Environmental Protection Act

The provincial government issued Ontario Regulations 336/09 and 337/09 on October 3, 2009 to amend O. Reg. 347 of R.R.O. 1990 (General -Waste Management).

O. Reg. 336/09 modifies the definition of "anaerobic digestion", and provides that output from anaerobic digestion that is intended for application on agricultural land as a nutrient is exempt from Part V of the Act and Reg. 347 if certain conditions are met. It also provides that a waste disposal site is exempt from Part V of the Act and Reg. 347 if it is a Non-agricultural Source Materials plan area and satisfies the requirements of O. Reg. 267/03 (General) made under the Nutrient Management Act, 2002.

O. Reg. 337/09 amends Reg. 347 to clarify and/or update existing definitions and requirements in the regulation, update references to other legislation or regulations, and update references to facility names. It also exempts waste generated and collected from field operations and transported directly to a local waste transfer facility from the subject waste requirements, including generator registration and manifesting, under O. Reg. 347. Field operations include remote sites operated by power or pipeline networks, equipment service contractors, and mobile health care providers. O. Reg. 337/09 also exempts local waste transfer facilities from the approval requirements under the Environmental Protection Act to receive the subject waste if the prescribed conditions are met.

For more information please see:

The Ontario Gazette, October 3rd, 2009, vol. 142-40, pages 2637 and 2638.



Environmental Commissioner of Ontario Submits 2008/2009 Annual Report

On October 6, 2009, the Environmental Commissioner of Ontario submitted his annual report to the Speaker of the Legislative Assembly. The Report focuses on resilience theory, outlining the basic principles of the theory and explaining why close attention should be paid to this concept of resiliency. The Report observes that many of Ontario's ecosystems are being perturbed, and that the consequences of such disturbances are unknown. It concludes that resilient systems should be built that can tolerate change and disturbance without totally collapsing.

For more information please see:

www.eco.on.ca/eng/uploads/eng_pdfs/2009/ar2008.pdf



407 East Environmental Assessment

The 407 East Environmental Assessment was completed by the Ontario Ministry of Transportation (MTO) and submitted to the Minister for Approval on August 28, 2009. The public comment period for the Environmental Assessment Submission expired on October 16, 2009.

MTO established a Technically Preferred Route and identified a Recommended Design which includes a transportation corridor and associated support facilities. The transportation corridor includes that section of the 407 extending from Brock Road to Highway 35/115 and two north-south links connecting the proposed 407 extension to Highway 401, one in Whitby and one in Clarington.

For further information please see:

http://www.ene.gov.on.ca/en/eabb/general_info/EAProjectsupdates.php



Gardiner Expressway and Lakeshore Boulevard Reconfiguration Terms of Reference

Waterfront Toronto and the City of Toronto submitted a Terms of Reference pursuant to the Environmental Assessment Act on September 4, 2009 for the purpose of examining the reconfiguration of the Gardiner Expressway and Lakeshore Boulevard from approximately Lower Jarvis Street to just east of the Don Valley Parkway at Logan Avenue. Four alternative solutions were identified including:

  • Maintaining the elevated expressway.
  • Improving the elevated expressway.
  • Replacing the elevated expressway.
  • Removing the elevated expressway.

The comment period on the draft Terms of Reference expired October 5, 2009.

For more information please see:

http://www.ene.gov.on.ca/en/eabb/general_info/TorProjectsupdates.php



Announcements

Mark Madras will be a speaker at Federated Press' 3rd Emissions Trading course, which will be held in Calgary on March 11 & 12, 2010. Mark will be speaking about Ontario's proposed GHG cap and trade system.

Harry Dahme provided a Cross-Canada Review of changes to Brownfields Legislation at the "Passing the Torch - Learning from Progress" panel at Canadian Brownfields, 2009 conference held in Vancouver on October 26, 2009.

Ian Richler and Harry Dahme are speaking at EPIC's Understanding Environmental Regulations course on November 25 and 26 respectively. Ian will be speaking on Federal regulation of water, and the law of Environmental Assessment. Harry will be speaking on Provincial regulation of water, Provincial regulation of Waste, Spills and Inspections and Investigations.

Go for Green: 20 Years of Environmental Law at Gowlings . In January 2010 it will have been 20 years since David Estrin Barristers & Solicitors joined what was then Gowling Strathy & Henderson. David Estrin and Harry Dahme joined Mark Madras and thus created the impetus to what has led to the Gowlings Environmental Law Group becoming recognized nationally and internationally for its expertise and high quality of work. Since 1990 the Group has attracted other Environmental Law professionals, such as Paul Granda in Montreal and Alan Blair in Vancouver, all of whom are recognized for their tremendous expertise in this practice area. Together with the other professionals in the Environmental Law National Practice Group, Gowlings now has one of the leading Environmental Law practices in Canada.

This milestone event presents an opportunity to review and reflect upon dramatic changes that have occurred over that period of time in terms of awareness of environmental issues and in the practice of Environmental Law. On the evening of February 4, 2010 Gowlings will be hosting a reception to celebrate this event.

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.

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    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

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