Ontario
Renewable Energy Approvals Regime Comes Into Force
On September 24, 2009, the renewable energy approvals sections of the Green Energy and Green Economy Act, 2009 and the related regulations (including O. Reg. 359/09) came into force. As part of the Ontario government's effort to streamline the approval process for renewable energy projects (e.g., wind, solar and biomass facilities), renewable energy approvals (REAs) will replace several environmental permits, including certificates of approvals for air, sewage systems, waste disposal sites and waste management systems and permits to take water. To obtain a REA, applicants must provide specified information that incorporates considerations previously addressed under the Environmental Assessment Act, the Environmental Protection Act and the Ontario Water Resources Act. Any third party may challenge the issuance of a REA or its terms and conditions on the grounds that the project will cause serious harm to human health or serious and irreversible harm to plant life, animal life or the natural environment. The Environmental Review Tribunal then has six months to assess whether such grounds have been in fact been established. Transitional mechanisms exist for renewable energy projects that had already reached specified stages of the approvals process before September 24, 2009.
For further information on the new environmental requirements for renewable energy projects, please see Ontario's Renewable Energy Initiative and O. Reg. 359/09.
Draft toxic substances regulation introduced
On September 18, 2009, a draft regulation was introduced under Ontario's Toxics Reduction Act, 2009 (the Act). The regulation would designate as "toxic" acetone (adopted from O. Reg. 127/01 made under Ontario's Environmental Protection Act) and the substances listed in Schedule 1 of the National Pollutant Release Inventory Notice (under the Canadian Environmental Protection Act, 1999). It is also proposed that the prescribed list of toxic substances would, if amended, include any other toxic substance that the Ministry prescribes from time to time. In addition, the draft regulation prescribes the class of facilities that would be subject to the requirements of the Act, establishes toxic substance and employee thresholds, requires that facilities identify and describe the processes that involve toxic substances, requires that toxic substance plans be prepared and reviewed, and sets certain public disclosure requirements.
The Ministry of the Environment is accepting comments on the draft regulation until October 19, 2009.
For further information, please see Regulation made under the Toxics Reduction Act, 2009.
Second reading of greenhouse gas law
Bill 185, the Environmental Protection Amendment Act (Greenhouse Gas Emissions Trading), 2009, gives the government the power to implement a greenhouse gas emissions trading scheme, by authorizing the making of regulations relating to emissions trading, other economic instruments and market-based approaches. Bill 185 had its second reading debate on September 14, 15 and 29, 2009 before being carried and ordered to the Standing Committee on General Government for review.
For further information, please see Bill 185.
Canada
Proposed amendments to current PCB regulations
Amendments are proposed to the PCB Regulations, enacted under the Canadian Environmental Protection Act, 1999, which came into force on September 5, 2008. The proposed amendments would allow the on-site destruction of PCBs in accordance with provincial and territorial requirements, thereby providing additional flexibility to regulated entities. The proposed amendments also respond to inconsistencies in reporting requirements and requests for greater clarity between the English and French versions of the regulatory text. The proposed amendments would not change the deadlines for the final destruction of PCBs.
For further information, please see Regulations Amending the PCB Regulations.
United States
U.S. Second Circuit court allows climate change nuisance claim
On September 21, 2009, the Second Circuit Court of Appeals of Connecticut released its decision in the matter of State of Connecticut v. American Electric Power Company Inc., ruling that U.S. federal courts can decide common law actions that allege private emitters of greenhouse gases are liable for creating a public nuisance. For a more detailed discussion of this decision (including its potential implications), please see Torys' recent Climate Change Bulletin.
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.
