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ARTICLE · 28 OCTOBER 2013

Ontario "Environmental Protection Act": Supreme Court Says "When In Doubt, Report"

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The Supreme Court of Canada has dismissed the appeal in "Castonguay Blasting Ltd. v Ontario Environment".

CanadaEnvironment
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The Supreme Court of Canada has dismissed the appeal in Castonguay Blasting Ltd. v Ontario Environment.1 Justice Abella writing for a unanimous Court writes:

[1] Ontario's Environmental Protection Act, RSO 1990, c. E. 19 ("EPA"), requires that the Ministry of the Environment be immediately notified when a contaminant is discharged into the environment. There are two pre-conditions to this reporting requirement — the discharge must have been out of the normal course of events and it must have had — or was likely to have — an adverse environmental impact. The purpose of the requirement is to let the Ministry know about potential environmental damage so that any consequential remedial steps can be taken in a timely way.

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