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ARTICLE · 14 APRIL 2015

Environmental Regulatory Liability In The Mining Sector

Willms & Shier Environmental Lawyers LLP
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Mine operators across Canada let out a collective gasp on Aug. 4, 2014, after a breach of the tailings storage facility dyke at the Mount Polley mine.

CanadaEnvironment

Mine operators across Canada let out a collective gasp on Aug. 4, 2014, after a breach of the tailings storage facility dyke at the Mount Polley mine. The next day, the B.C. Ministry of the Environment issued a Pollution Abatement Order to the Mount Polley Mine Corporation, ordering the corporation to undertake an environmental assessment and cleanup.

What will happen if a mine accident like Mount Polley occurs in Ontario? How will the Ministry of the Environment and Climate Change (MOECC) respond? It often comes as a surprise to corporate directors and officers (D&Os) that the Ontario government can and does issue orders pursuant to the Environmental Protection Act (EPA) against D&Os directly and personally for environmental investigation and remediation.

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