Supreme Court Of Canada Confirms Reporting Requirements Under Ontario's Environmental Protection Act

"When in Doubt, Report"

A recent Supreme Court of Canada decision has confirmed the breadth of reporting requirements under Ontario's Environmental Protection Act ("EPA"). In her judgment, Justice Abella aptly warned, "when in doubt, report."

The case involved a company conducting blasting operations related to a highway-widening project. During these operations, a large amount of rock and debris (known as "fly rock") was propelled 90 metres into the air instead of being contained, and landed on a neighbouring property. The fly rock damaged a home, a car, and a significant amount landed in the yard.

Although the company reported this incident to the Ministry of Transportation ("MTO") and the Ministry of Labour, they failed to report it to the Ministry of the Environment ("MOE"). After the MTO informed the MOE several months later, the MOE charged the company with failing to report the "discharge of a contaminant into the natural environment" contrary to section