'Adverse Effect' Doesn't Require An Impact On The Natural Environment

The Court of Appeal for Ontario released an important decision this week on the definition of "adverse effect" under the Environmental Protection Act (the "EPA"). Many provisions of the EPA, particularly those prohibiting certain activities or requiring reporting of certain events to the Ministry of the Environment (the "MOE") are triggered only if there is a possibility of an adverse effect.  Further, the EPA definition of "contaminant" hinges on whether a product may cause an adverse effect.

The EPA sets out the definition of adverse effect as one or more of any of the following:

1. impairment of the quality of the natural environment for any use that can be made of it;
2. injury or damage to property or to plant or animal life;