In the past two weeks, British Columbia and Ontario have each
taken a further step towards implementation of their cap and trade
On November 25, 2009, the British Columbia Government (by
Order-in-Council No. 603) brought into force certain sections of
the Greenhouse Gas Reduction (Cap and Trade) Act (the
"Act") and the Reporting Regulation.
Of particular significance to every moderate emitter of
greenhouse gases ("GHG") in British Columbia, the
Reporting Regulation establishes the requirements for GHG emissions
reporting and verification for facilities that emit greater than
10,000 metric tonnes of carbon dioxide equivalent
("CO2e") emissions during a reporting period.
Reporting facilities must submit an emissions report by March 31
of the year following each reporting period with each
facility's emissions data broken down by activity (e.g. cement
production, copper smelting), source type and GHG type. Pursuant to
the Regulation, the reporting periods will be one calendar year
with the first one commencing January 1, 2010.
Emissions must be calculated using the prescribed quantification
methods, most of which will be included in the Methodology Manual
to be published by the Ministry of Environment in the coming weeks.
Emissions reports by facilities that emit greater than 25,000
tonnes of CO2e in a reporting period must be verified by an
accredited third party verification entity. Verification statements
will have to be submitted concurrent with emission reports, except
for the 2010 and 2011 reporting years when the deadline will be
September 1 of the following calendar year.
Similarly in Ontario, the Greenhouse Gas Emissions Reporting
Regulation was filed on December 1, 2009 under the
Environmental Protection Act. The Ontario Regulation will
require emissions reporting by facilities that emit greater than
25,000 metric tonnes of CO2e beginning with the 2010 calendar year,
with verification requirements to follow beginning with the 2011
reporting year. The emissions reports and verification reports will
be due June 1 and September 1 of the following year, respectively.
Mandatory quantification methods are contained in an accompanying
There is a common misconception that the Crown's duty to consult aboriginal peoples is unstructured and uncertain, and a related misconception that the government consistently loses legal challenges on this basis.
In Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500, the B.C. Court of Appeal recently considered three issues involving the Reviewable Projects Regulation under B.C.'s Environmental Assessment Act:
On December 20, 2016, the federal government obtained a fine of $975,000 for improper handling of electrical equipment containing polychlorinated biphenyls (PCBs) against a Montreal property management firm.
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).