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Davis LLP Web Logs or "Blogs" are intended to provide general comments on developments in the law. They are not intended to be a comprehensive review nor are they intended to provide legal advice. Readers should not act on information in the blogs without seeking specific advice on the particular matter. Please contact a lawyer listed on the blog pages for additional details, or to discuss how blog information is relevant to a specific situation.

Municipal & Planning Law Blog

» July, 2006

Conservation Authorities Given New Powers To Regulate Development In Wetlands And Sensitive Areas

As of May 1, 2006, Conservation Authorities in Ontario have new powers to regulate development in or near wetlands, shorelines, watercourses, escarpment areas, valley lands and floodplains.  These powers will extend to flood, erosion and pollution control.  May 1, 2006 was the deadline for Conservation Authorities to submit their local regulations to the Minister of Natural Resources for approval.  These local regulations are required to conform with Ontario Regulation 97/04 entitled "Content of Conservation Authority Regulations under Subsection 28(1) of the Act Development, Interference with Wetlands and Alterations to Shorelines and Watercourses", which was made on May 1, 2004 (the "Generic Regulation").

The rationale behind the Generic Regulation is to provide for consistency in language and policy as between theConservation Authorities Actand the Provincial Policy Statement, which governs natural hazards, development and site alteration under the Planning Act. 

The Generic Regulation enables Conservation Authorities to regulate interference and alterations to watercourses, wetlands and shorelines.  Development within a regulated area will be prohibited unless it can be shown that the development will not affect the control of flooding, erosion, dynamic beaches, pollution or the conservation of land. Section 28(25) of the Act defines 'development"? as the construction, reconstruction, erection or placing of a building or structure of any kind, any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure, site grading, or the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere.  The Generic Regulation spells out the areas that are regulated and also gives the Minister the ability to permit the regulation of other areas where, in the opinion of the Minister, development should be prohibited or regulated or the permission of the authority should be required.  There are signficant other changes brought about by the requirement for conformity with the Generic Regulation, which can be reached by clicking here .  TheConservation Authorities Actcan be located by clicking here .

 

Posted Thu, 27 July 2006 12:05:00 EDT

Environmental Consulting Firm And Its Principal Fined For Fisheries Act Violations

On June 23, 2006, Gemtec Ltd., an environmental consulting company, and Robert Lutes, a Gemtec principal and project manager, were sentenced in Provincial Court in Moncton, New Brunswick for violating the pollution prevention provisions of the FederalFisheries Act. The charges relate to the deposit of acutely lethal landfill leachate that entered the Petitcodiac Watershed from the former Moncton Landfill Site.  Gemtec had been hired by the City of Moncton to provide closure options for the former Moncton landfill and to implement the closure plan that it had recommended. 

Both Gemtec and Lutes were convicted in April, 2006 after a five-week trial. The company and Lutes were fined $5,000 and $1,000, respectively, for the offences. In addition to the fines, Gemtec and Lutes were ordered to contribute $10,000 and $1,000, respectively, to the Government of Canada's Environmental Damages Fund and $10,000 and $1,000, respectively, to a local environmental organization.  The City of Moncton had already pleaded guilty to the charges and was fined $35,000 and ordered to take remedial measures to reduce the leachate flow from the landfill site.

These convictions mark the first time that an engineering consulting company has been convicted of providing advice to a client that resulted in the client violating federal environmental law.

Posted Thu, 27 July 2006 11:09:00 EDT

Public Hearings On Bill 43, The Clean Water Act

The Standing Committee on Social Policy intends to hold hearings on Bill 43, An Act to protect existing and future sources of drinking water, in Toronto, Walkerton, Cornwall, Bath and Peterborough the week of August 21, 2006. Interested people who wish to be considered to make an oral presentation on Bill 43 should contact the Committee Clerk by 5:00 p.m. on Tuesday, August 8, 2006. The deadline for written submissions is Monday, August 28, 2006. Click here for a link to a copy of the Bill.

Posted Thu, 27 July 2006 08:36:00 EDT

Qualified Persons To Be Extended By 18 Months

TheMOE has posted notice of its intention to extend the expiry date for Qualified Persons under Ontario Regulation 153/04:Records of Site Condition - Part XV.1 of the Act for 18 months, from October 1, 2006 to April 1, 2008.   O. Reg. 153/04 sets out the qualifications a person requires to be considered as a Qualified Person under the regulation (for the purposes of conducting environmental site assessments and certifying records of site condition).  Some of these qualifications are set to expire on October 1, 2006.  The MOE says this extension will provide additional time for a review of these provisions, and the possible development and implementation of revised requirements for qualified persons.  The comment period on the proposed amendment ends onAugust 17, 2006.  Click here for a link to the ERB Notice of Proposal for Regulation.

Posted Thu, 27 July 2006 08:20:00 EDT

Proposed Regulatory Amendments Support Waste Diversion And Innovation

The Ministry of the Environment has proposed several regulatory amendments to facilitate waste recycling, alternative fuel production, and emerging waste management development. A description of the proposals and links to the draft amendments to Regulations 347, 116 and 334 are available here . The Ministry is inviting public comment on the proposed amendments for 61 days beginning July 19, 2006.

The following are some specific amendments that have been proposed
Add waste paint and coatings, printed circuit boards, emissions control dust, spent activated carbon, metal bearing waste and  crumb rubber to the list of recyclable materials specifically exempt from requiring approval under EPA, Part V (Waste);Exempt systems for the collection, storage, and transfer of batteries, mercury containing items, waste electrical and electronic equipment (WEEE), and printed circuit boards from EPA s. 27, 41 and 42;Exempt waste asphalt shingle, waste asphalt, and glass that is placed on land for beneficial purposes (e.g., road construction) from EPA s. 27, 40 and 41;Eliminate the requirement for approval under EPA, Part V (Waste) for the production of ethanol and biodiesel from biomass; andEliminate the 100 tonne per day cap on the combustion of woodwaste as fuel.
The Ministry hopes to encourage the development of pilot sites for new waste management technologies, such as energy-from-waste systems, by streamlining EPA, Part V approvals and exempting projects from the EAA. The exemption would be limited to projects with a maximum capacity of 75 tonnes per day for their first 3 years of operation.

To encourage producers to establish waste take-back programs, the Ministry plans to establish regulations for Extended Producer Responsibility Systems. Systems conforming to the regulations would be relieved from the EPA, Part V approval process. A framework for the regulations is included in the proposals.

Comments on the proposed changes may be emailed to adam.ciulinin@ene.gov.on.ca (reference EBR Registry Number RA06E0008).

Posted Fri, 21 July 2006 06:23:00 EDT

Bill 51 Public Hearings Scheduled

The Standing Committee on General Government has scheduled public hearings for the consideration of Bill 51.  The Committee will meet on August 3rd in Toronto, and will travel to London, Napanee and Sudbury during the week of August 8.The clause by clause consideration of the Bill (which is when amendments will be considered) is currently scheduled for August 29 and 30.Anyone wishing to make oral submissions to the Committee should contact the Clerk of the Committee by July 26.  Written submissions will be accepted until August 28.

Posted Tue, 11 July 2006 06:46:00 EDT by Chris Barnett

Proposed Bill 51 Regulations (including Transition) Posted On EBR

The Ministry of Municipal Affairs and Housing has posted a series of proposed regulations for Bill 51 on the Environmental Bill of Rights for comment.

The various proposed regulations (a list is available here ) include a brief transition proposal.  It is proposed that Bill 51 would apply to all applications made on or after the date the legislation comes into effect, which is likely to be the day that it was introduced in the legislature, December 12, 2005.

The proposed regulations include amendments to existing regulations to enhance the requirements for a "complete application" under the Planning Act, which would require a planning justification report showing consistentcy with the PPS, conformity with other provincial plans, and other technical issues dealing with infrastructure and noise attenuation.

The proposed regulations also deal with
timeframes for municipal councils to address new evidence at the OMB (30 days);requirements for the establishment of local appeal boards (OP and zoning must be up to date and conform with applicable provincial plans) ;matters that may be addressed in zoning by-laws with conditions;matters regarding community improvement plans.
Comments may be made on the proposed regulations for 90 days (last day October 2, 2006).  Based on this timing, it is safe to assume the Bill will not be passed prior to that date, and presumably a period following it so the submissions can be considered prior to the final regulations coming into force.

Posted Wed, 5 July 2006 08:35:00 EDT by Chris Barnett

Robert Owen Appointed To Immigration And Refugee Board

Robert D.M.Owen, formerly a vice-chair of the OMB, has been appointed to the Immigration and Refugee Board, as of June 30.  First appointed to the OMB in 1983, and cross appointed to the Assessment Review Board, Mr. Owen's current appointment to the OMB was up for renewal at the end of August.  He was the longest serving current member of the OMB.

Posted Sun, 2 July 2006 18:52:00 EDT by Chris Barnett

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