TRAINING.

Understanding Environmental Regulations - Eastern Canada

Online /
Apr 4 - 5, 2022 /
Course Code: 12-0443-ONL22

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  • Overview
  • Syllabus
  • Instructor

Overview

Please note, This instructor-led course has specific dates and times:
Provincial regulatory jurisdictions will include Ontario and Quebec.

This course is held online over 2 days on the following schedule (All times in Eastern Time Zone):

9:00 am to 5:00 pm Eastern (including lunch and two short breaks)

Description

The command and control environmental compliance philosophy continues to dominate the government policy agenda. The only way to avoid liability for non-compliance is to thoroughly understand regulatory requirements. This course primarily deals with environmental regulations and the interrelationships among federal, provincial, and municipal agencies. It adds to your knowledge and skills by increasing your understanding of environmental regulations by first describing the regulations and providing references for information and then emphasizing application of regulations in the various areas of concern to industry.

Course Outline

  • Federal Environmental Law, Regulation and Policy
  • Case Law Relevant to Federal Legislation
  • Provincial Environmental Law, Regulations and Policy
  • Provincial Case Law
  • Regional and Municipal Regulations on the Environment
  • Enforcement, Inspection and Investigation
  • Liability and Due Diligence
  • The Defence of Environmental Charges
  • A Contaminated Site Review Strategy
  • Applications of Environmental Regulations to Processes and Projects
  • Working and Negotiating with the Regulator
  • Working with the Community on Environmental Issues

Who Should Attend

Environmental Engineers • Plant Managers and Project Managers • Health and Safety Personnel • Environmental Corporate Managers • Directors and Officers • In-House Counsel • Consultants • Regulatory Personnel at the Federal and Provincial Levels • Municipal Personnel Responsible for Waste Management and Sewage and Other Individuals Interested in Environmental Affairs.

More Information

Time: 9:00 AM - 5:00 PM Eastern Time


Please note: You can check other time zones here.

Syllabus

Program Outline

Day I

Instructors: Bryan J. Buttigieg, Adina Georgescu, Tamara Farber, Christie A. McLeod, Roxanne Alexander, Miller Thomson LLP

Session I

Federal Environmental Law, Regulation and Policy

  • Constitutional issues
  • Canadian Environmental Protection Act
  • Regulation of toxic substances
  • Spills and other releases
  • Federal/provincial equivalency provisions
  • Contraventions Act
  • Canadian Environmental Assessment Act
  • Federal works, undertakings, and lands
  • Water and the Fisheries Act
  • Species at Risk Act
  • Climate change

 Case Law Relevant to Federal Legislation

  • Working within the Federal legal environment
  • Recent decisions and case studies

Provincial Environmental Law, Regulations and Policy

  • Overview of provincial regulatory schemes
  • Primary statutes
  • Regulations
  • Air regulation
  • Water Protection
  • Waste Management, Recycling, and stewardship
  • GHG and energy transitions
  • Noise and odour

Provincial Case Law

  • Recent decisions and case studies and how they affect environmental practitioners

Regional and Municipal Regulations on the Environment

  • Role of the Municipality
  • Planning, development and the environment
  • Nuisance issues

Enforcement, Inspection and Investigation

  • Steps that management may follow when faced with an inspection
  • Obligation to cooperate
  • Interview of employees
  • Written statements
  • Search and seizure of documents and important papers
  • Search warrant requirements, solicitor client privilege
  • Right to legal counsel

Liability and Due Diligence

  • Prosecutions
  • Civil liability/compensation
  • Legal perspective ‑ managing your liability
  • Duty to cooperate with orders
  • Effect of compliance with duty or order
  • Due diligence related to the company, officers, directors, employees and consultants

The Defence of Environmental Charges

  • Due diligence
  • Types of documentation required
  • Proving due diligence
  • What courts take into consideration in sentencing

Civil Liability

  • Contracts
  • Indemnity
  • Asset Transfer

Adjournment

Day II

Instructor: Stephen Lamming, Ph.D., E.P.

A Contaminated Site Review Strategy

  • You have just discovered the corner lot that you own/lease has hydrocarbon contamination from a former gas station use. What do you do?
  • Issues of regulatory concern
  • Legal issues of concern to owner/tenant
  • What can you do?
  • Soil quality
  • Site and remediation criteria
  • Discussion of options

Applications of Environmental Regulations to Processes and Projects

  • Permitting a project
  • Wastewater treatment and discharge
  • Air emissions management
  • Hazardous materials
  • Storage tanks
  • Spill management
  • Solid waste management
  • Putting it all together

Working and Negotiating with the Regulator

  • When to meet with the regulator
  • Criteria considered when granting approval
  • Conditions on approvals
  • Negotiating with the ministry
  • Environmental protection planning
  • Monitoring and reporting
  • Appeals respecting approvals, conditions or refusal

Working with the Community on Environmental Issues

  • Indigenous communities
  • An overview of indigenous consultation
  • Key issues
  • Third parties and consultation
  • Creating and responding to public input
  • Working with stakeholders
  • Handling public meetings

Management of Environmental Information

  • Information management
  • Regulatory, institutional and investor demands
  • Data management
  • Disclosure
  • Global initiatives

Concluding Remarks and Final Adjournment

Instructor

Bryan J. Buttigieg, LL.B.

Bryan is recognized as one of the leading practitioners of environmental law in Canada and is certified by the Law Society of Ontario as a specialist in Environmental Law. His practice includes a combination of litigation and transactional advice involving civil litigation and regulatory defence representation in environmental and occupational health and safety matters. Bryan has provided extensive advice in support of brownfields developments, site remediation, and financing of properties with environmental issues. Bryan is a trained mediator and a panel member of the Canadian Centre for Environmental Arbitration and Mediation.



Tamara Farber, LL.B., B.Sc.

Tamara is a partner, civil litigation lawyer and a national leader in environmental litigation at Miller Thomson. Her focus combines her interest in environmental matters with civil litigation as well as commercial transactions involving environmental issues. From 2017-2020, she served as Chair of Miller Thomson’s National Administrative Law Practice Group and sat on the Firm’s Executive Committee. Tamara provides expertise on real estate and business transactions involving brownfield redevelopment and contaminated land sale and acquisition including investigating contaminated lands, environmental due diligence, audits, property remediation, site decommissioning, waste management, environmental compliance matters, environmental risk management, representations, warranties, indemnities, and interactions with environmental regulators. On civil claims, Tamara acts on various matters including contaminated land migration claims, spills, consultant negligence, remedial option and cost disputes, director and officer liability in relation to environmental liabilities, and environmental issues in insolvency matters. Prior to joining Miller Thomson LLP, Tamara worked as an environmental consultant. This background in environmental sciences allows Tamara to understand complex technical reports in a number of fields including environmental assessments, risk assessments, and site decommissioning parameters. Tamara is a Certified Specialist in Environmental Law by the Law Society of Ontario. She has been recognized on the Best Lawyers in Canada list for environmental lawyers and is a former recipient of “Canada’s Top 40 lawyers under 40” by Lexpert Magazine. Tamara also sits on the executive of the Environmental Law Section of the Ontario Bar Association.



Adina Georgescu, LL.B.

Adina practises in the areas of administrative, municipal, urban planning, environmental and energy law in Miller Thomson’s Montréal office. In environmental law, Adina advises her clients on questions related to private nuisance; project and activity compliance with federal, provincial or local environmental standards; issuance of environmental authorizations; environmental issues such as the characterization of soil, rehabilitation programs, drafting and publication of contamination and decontamination notices, contaminated soil management and decontamination; recycling and recovery of residual materials. In addition to her law degree, she is completing a master’s degree in municipal and environmental law at the Université de Montréal. Adina is also a lecturer in Administrative Law at the Faculty of Continuing Education of the Université de Montréal. She sits on the board of directors of APL Énergies, has been chair since 2016 of the board of directors of the Quebec Chapter of the Canadian Property Tax Association and sits on the board of directors of the Canadian Bar Association, Municipal Law Section. She is the co-founder and was president, from 2016 to 2020, of the Romanian Chamber of Commerce of Quebec, and is fluent in English, French, Romanian and Spanish.



Stephen Lamming, Ph.D., E.P.

Now mostly retired, Stephen was until 2017, a Principal Consultant with the Wood Group (formerly Amec Foster Wheeler Environment & Infrastructure) in the field of air quality management. With more than 40 years of experience in air quality management, his expertise includes emissions assessment, air monitoring, dispersion modelling, and climate change mitigation/adaptation. Dr. Lamming has worked with municipal, industrial, and resource sector clients across Canada and internationally to assess climate impacts, determine emissions, prepare and execute sampling programs, conduct transport and dispersion modelling, assess community impact, develop abatement and monitoring strategies, and prepare permit documentation. He has also been involved in air quality assessment and management studies (including greenhouse gases) as part of the federal and provincial environmental assessment process in the areas of oil & gas, mining, thermal power, major industry projects and forest products. He is a Director of the AWMA Ontario Section, a member of ISO technical committees, and continues to keep abreast of the latest trends in air quality management and control.



Christie A. McLeod

Christie is a member of Miller Thomson's Commercial Litigation Group, and focuses on environmental, Aboriginal, administrative, and other litigation matters. Christie joined Miller Thomson as a student in 2019 and concluded her articles in 2021. She completed the joint JD/Masters in Environmental Studies program at Osgoode Hall Law School and York University, with the latter focusing on Canadian climate accountability. During her education, Christie also worked with Human Rights Watch in New York City and Toronto to research the impact of climate change on food security in Indigenous communities in Canada, and with West Coast Environmental Law as a summer student and legal researcher.Christie appeared before the Standing Committee on Environment and Sustainable Development as a witness regarding Bill C-12 (The Canadian Net-Zero Emissions Accountability Act). In this role, Christie authored and submitted a brief which nearly 200 youth and youth-led organizations signed onto, as well as co-authored a brief submitted by Lawyers for Climate Justice. In 2020, Christie co-authored a successful Formal Request to Minister Wilkinson for a Regional Assessment for the Ring of Fire region in Ontario. Christie also serves as a member of Lawyers for Climate Justice and a Policy Advisor for the Fossil Fuel Non-Proliferation Treaty Global Steering Committee.



Roxane Nadeau

Roxanne practices primarily in the areas of municipal, environmental and energy law. Prior to joining Miller Thomson, Roxane began her legal career in the litigation department of a large municipality, first as an articling student and then as a litigation lawyer. Roxane received her law degree from the University of Montréal where she is currently pursuing a Juris Doctor in North American Common Law. She was admitted to the Quebec Bar in 2020. While working as a lawyer in the legal department of a large municipality, Roxane notably gained experience in municipal law and litigation.




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Fee & Credits

$1295 + taxes

  • 1.4 Continuing Education Units (CEUs)
  • 14 Professional Development Hours (PDHs)
  • ECAA Annual Professional Development Points
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