Home > Regions > North America > ENVIRONMENTAL & ENERGY LAW

ENVIRONMENTAL & ENERGY LAW

FEDERAL INITIATIVES STREAMLINE REGULATION OF INDUSTRY
IMPACTS ON FISHERIES

Stanley D. Berger B.C.L.,L.L.B, Certified Specialist Environmental Law

Why this Initiative is Important Companies which negotiate in good faith with regulators on licence conditions should be entitled to conduct their affairs with reasonable reliance on the concluded conditions. However, the objectives of some regulators are not always consistent with each other and this has led to confusion and uncertainty. For example, historically, Environment Canada unlike some of the provincial authorities, did not accept mixing zones but determined a deleterious substance at the end of the pipe. See e.g. R. v Suncor (1985) 4 F.P.R.409 (Alberta Provincial Court). More recently, we have seen the Ontario Ministry of the Environment aggressively pursue prosecution in areas which would normally come within the purview of another department, in that case the Ministry of Labour. See Ontario v. Castonguay Blasting Ltd. 2013 SCC 52. Assurances by Environment Canada through regulation that deleterious substances can be deposited if they are otherwise authorized by other regulatory authorities, the addition of a more expeditious process to deliver those assurances and increased coordination between the CNSC and the DFO should help to make a crowded regulatory field more manageable. More…