Recent Developments in Environmental Law - February 2008

Written By Hilary Stedwill and Duncan McPherson

Federal

• The Government of Canada is proposing new fuel consumption regulations for cars and trucks. If implemented, cars of the 2011 model year in Canada have to meet fuel efficiency standards. The Government also appears to be considering a credit system for use among manufacturers that produce cars not meeting the standard.
• The Government of Canada is proposing the addition of several substances, including Toluene Diisocyanate Mixed Isomers and certain peroxides used in polymer manufacturing, to Schedule 1 of the Canadian Environmental Protection Act, 1999 following assessments associated with its Chemicals Management Plan. Once added, the Government has significant powers to regulate the manufacture, import and use of those substances in Canada.
• An Ontario court may issue a summons to an American company for alleged offences of a Canadian statute. This summons was prompted in the course of a private prosecution under the Fisheries Act initiated by a member of an environmental non-governmental organization in Sarnia.

Ontario

• The Government of Ontario is considering banning the cosmetic use of pesticides on lawns, gardens, parks and school yards in cities and towns. Farms and managed forests and rural areas are expected to be exempt. Golf courses may also be exempt but may have to develop plans to reduce the environmental impact from pesticide use. The Government invites comments on the proposed rules until February 17, 2008.
• The Government of Ontario joined “The Climate Registry”, a US-based climate change initiative. Membership includes British Columbia, Manitoba, Saskatchewan and Quebec as well as many American states and two Mexican states. The Government announced that this program will provide an important foundation for the development of a strong emissions trading system.
• Ontario Electronic Stewardship, the Industry Funding Organization responsible for developing a proposed diversion program for waste electrical and electronic equipment issued its draft program for comment. Ontario Electronic Stewardship intends to submit its program to the Minister of the Environment for his approval by March 31, 2008.

Alberta

• The Government of Alberta announced a new climate change action plan, which already is attracting criticism as far too little. The plan aims to reduce emissions by 14 percent below 2005 emissions levels. Seventy percent of the anticipated 200-megatonne reduction is planned to come from industrial carbon capture and storage technology, 12 percent from consumer conservation and energy efficiency improvements, and 18 percent from funding projects that make carbon capture less expensive and oil sand extraction less energy-intensive. Alberta is to strike a government-industry council to consider carbon capture and storage technology.
• The Government of Alberta published its “Water Management Framework for the Industrial Heartland and Capital Region.” The Framework will be implemented in three phases, beginning January 1, 2009. The Framework addresses water quantity and quality issues in the North Saskatchewan River and proposes: developing an implementation plan to ensure optimum use of existing water withdrawals and infrastructure; identifying and implementing key actions for maintaining river quality; and increased use of recycled water.