Warrantless Inspections Under The EPA And Potential Implications For Energy Companies

A recent Ontario Court of Appeal decision confirms that only a low threshold must be met for Ontario Ministry of the Environment and Climate Change (MOE) provincial officers to conduct warrantless inspections of private property.

Section 156(1) of the (Ontario) Environmental Protection Act (EPA) allows a provincial officer to enter and inspect any place he or she "reasonably believes a contaminant is being, has been or may be discharged into the natural environment." The Ontario Court of Appeal (ONCA) was recently faced with the dilemma of interpreting what "reasonably believes" means in the regulatory context. Even though Ontario (Environment and Climate Change) v. Geil did not deal with an energy project, the low standard set out by the ONCA sets a precedent that Ontario-based energy companies should be aware of.