Get Your Rocks Off: SCC To Hear Appeal In Castonguay Blasting

The Supreme Court of Canada has granted leave to appeal in a case that could significantly expand the jurisdiction of environmental regulators, and increase the costs of compliance for the private sector. Castonguay Blasting will require the Court to determine whether the discharge of contaminants into the natural environment must be reported even if it does not cause an adverse environmental effect, but only results in property damage.

Background

The appellant in Castonguay was engaged in blasting operations at a highway construction site, when it sent rock debris flying 90 metres through the air, landing on and damaging a nearby house and vehicle. The owners of the property were compensated for the damage, and the appellant reported the incident to Ontario's Ministry of Labour and Ministry of Transport. However, it did not report the incident to the Ontario Ministry of the Environment. The appellant was later charged with failing to report the discharge of a