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By Sean Love, Dan Kirby and Radha Curpen |
On October 27, 2004, Bill 133 — the Environmental Enforcement Statute Law Amendment Act, 2004 -— was introduced into the Ontario Legislature. The stated purpose of the bill is to enhance quick enforcement action against polluters and encourage businesses to prevent discharges and spills.
The bill has sent a chill through many Ontario businesses. Amendments to the Environmental Protection Act (EPA) would provide more extensive enforcement powers; increase reporting of spills and discharges; expose individuals, employees, corporations, officers and directors to greater penalties; and broaden inspection powers.
Proposed amendments to the Ontario Water Resources Act (OWRA) appear to lower the threshold for deeming that water has been impaired and mirror the expanded enforcement and liability provisions proposed for the EPA. Significant changes proposed to the EPA are of particular interest to brownfield stakeholders.