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National News The Canadian Council of Ministers of the Environment (CCME) recently published its Recommended Principles on Contaminated Sites Liability. The updated version includes a new principle which allows for the possible transfer of environmental regulatory liability for a contaminated site from the seller to the buyer, under specific conditions established by governments. Williams & Shier Environmental Lawyers reported on some potential legislative changes that would make redeveloping brownfields in Ontario less risky. Ontario’s Ministry of the Environment (MOE) has announced its intention to amend the province’s controversial environmental assessment (EA) process. The MOE does not intend to amend the EA Act but does plan new regulations and guidance documents, promulgating a new waste regulation under the Environmental Assessment Act to standardize the EA process. It will also publish a new Code of Practice to improve the guidance provided to both proponents and the public on the regulatory requirements and the Ministry’s expectations under the Act. Also in Ontario, a task force was established by the Ministry of Municipal Affairs and Housing to address concerns owners and developers have about liability at brownfield sites. The Ontario Chapter of the National Brownfield Association (NBA) has proposed a regulatory and civil liability management framework to the task force. The Association of Municipalities of Ontario (AMO) presented a report with 73 recommendations to overcome the legal, regulatory, technical, administrative and financial barriers to brownfield redevelopment. AMO called on Ontario to protect municipalities by amending applicable legislation. AMO echoed the NBA submission, in asking that the province consider an annuity or insurance fund to be drawn upon to address future claims. EcoLog Week reported that Saskatchewan will be the first province in Canada to have comprehensive legislation for the return to the Crown of decommissioned mine and mill sites located on Crown land. The Reclaimed Industrial Sites Act, which recently received second reading, establishes a uniform framework for returning to the province Crown land held under surface lease once mining activities have been completed. This framework includes full decommissioning and reclamation of the site to acceptable standards. It also establishes clear custodial and funding responsibility for the long-term monitoring and management. It is expected the act will come into force January 1, 2007. EcoLog Week reported that a new scientific research program is being initiated to investigate how surface mine reclamation can support land use strategies in Nova Scotia. The goal of the program, said Natural Resources Minister Brooke Taylor, “is to find out how we can enhance the reclamation of former mine sites to support future commercial, recreational or residential land uses.” The committee’s mandate will include site selections for the study, a review of scientific literature, ecological studies, recommendations for test vegetation plots, planting and monitoring of test plots, public consultation and an action plan for re-integrating mine sites into. BFN |
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