Understanding Environmental Regulations

Introduction

The environmental “command and control” compliance philosophy continues to dominate the government policy agenda, and the only way to avoid liability for non-compliance is to thoroughly understand regulatory requirements. This course will increase your understanding of the current environmental compliance issues that you may encounter on a daily basis.

The course covers the current regulatory environment in a variety of jurisdictions, as well as environmental management systems, liability, and the interrelationships among federal, provincial, and municipal agencies. Regulations will be described and references for information will be provided. The course emphasizes the application of regulations in the various areas of concern to the industry. Whether you have limited previous knowledge or simply need to study regulation updates, you will receive a comprehensive overview of the federal and provincial environmental regulations and how they affect industrial processes and projects.

After participating in this course you will be able to do the following:

• Apply your skills in contracting, integrating health and safety, data management and reporting, inspections and investigations, negotiating approvals, and environmental management
• Understand the legislation that directly impacts solid waste, industrial effluents, and air emissions
• Identify practical approaches for environmental compliance
• Manage environmental issues subject to various regulations

Objectives

To review the current environmental regulations, their implications for various sectors, and their application to processes and projects.

Training Methodology

This is an interactive course. There will be open question and answer sessions, regular group exercises and activities, videos, case studies, and presentations on best practice. Participants will have the opportunity to share with the facilitator and other participants on what works well and not so well for them, as well as work on issues from their own organizations. The online course is conducted online using MS-Teams/ClickMeeting.

Who Should Attend?

• Environmental managers, coordinators, engineers, and scientists, and other personnel from environmental as well as from health and safety and environmental departments
• Corporate/project managers
• Directors and officers
• Facility managers
• Plant superintendents
• In-house counsel
• Consultants
• Regulatory personnel at the federal and provincial levels
• Municipal personnel responsible for environmental management, waste management, and sewage

Course Outline

Welcome, Introduction, Workshop Preview, Learning Outcomes, and Assessment Method

Introduction: Constitutional law, division of powers for environmental matters

Part I: Project Assessment and Approvals

• Registration and Coffee
• Laws, regulations, codes, and guidelines
• Environmental Assessment
• The Environmental Assessment Act
• Key definitions
• Inclusions and exclusions
• Triggers
• Project scoping and tracking
• The provincial EA process
• Applications to projects

Environmental Assessment Project Scoping Exerc

Environmental Assessment: Technical Aspects

• Required studies and information
• Problems and pitfalls
• Application to Projects
• Provincial Permitting Requirements
• Overview of the provincial regulatory scheme
• Environmental acts and regulations
• Standards, guidelines, and codes of practice
• The permit process: problems and pitfalls 

Part II: Specific Regulation of Air, Water, Waste, and Soil

Regulation of Air Quality: Federal and Provincial Regulation

• Air quality management
• Comprehensive air quality management system (CAMS/AQMS) and implications
• Environmental emergencies
• Dealing with nuisance issues

Regulation of Air Quality: Technical Issues 

• Impact, risk assessment, and cumulative effects
• Planning for abatement
• Case study

Regulating Water Quality I: The Fisheries Act

• Protection of water resources and fish habitat
• The Fisheries Act
• HADD
• What is fish habitat, project review, information requirements, mitigation and compensation
• Implications of potential changes to the Fisheries Act
• The Metal Mining Effluent Regulations
• EC’s Environmental Code of Practice for Metal Mines
• Cases, sentences, and other news from the “trenches”

Regulating Water Quality II: Provincial Water Quality Regulation

• Applicable provincial legislation
• Sewer by-laws
• Pollution prevention
• Management strategies
• Technical Issues: Water and Waste Water
• Continuation of Part II: Specific Regulation of Air, Water, Waste, and Soil
• Water and wastewater
• Characterization and limits
• Water quality guidance
• Chemicals Management
• The Environmental Protection Act, 1999
• Regulation of toxic substances, export and import
• Chemicals management
• Regulating Soil Quality
• Soil quality guidelines (CCME and Provincial)
• Generic vs. site-specific remediation criteria
• Requirements for site assessment
• Contaminated Sites and Asset Transfer
• Applicable legislation
• Update on contaminated property and industrial sites
• Liabilities and opportunities
• Requirements for remediation
• Case study
• Regulation of Waste and Hazardous Waste
• Definitions of hazardous waste (provincial and extra-provincial)
• Provincial general waste management requirements
• Managing categories of special wastes (rechargeable batteries, pesticide containers, e-wastes, waste oil and filters, waste paint)
• Status of provincial waste reduction and waste diversion programs
• A brief overview of transportation issues associated with waste management Spills
• Spills, Investigations and Enforcement, Legal Liability and Defence
• What constitutes a “spill”
• Response activities
• Reporting requirements Enforcement: Inspection and Investigation
• Case Study: Spills
• Steps that management may follow when faced with an inspection
• Obligation to cooperate
• Interview of employees
• Written statements
• Search and seizure of documents and important papers
• Search warrant requirements, solicitor client privilege
• Admissibility of evidence and the right to legal counsel
• Liability and Legal Defense
• Due Diligence
• Prosecutions
• Civil liability/compensation
• Legal perspective on managing your liability
• Duty to cooperate with orders
• Due diligence related to the company, directors, officers, employees and agentsAdjournmentPart IV: Developing Areas: Information Management, Climate Change, Corporate  Disclosure of Environmental Liabilities and Voluntary Initiatives (including EMS) 
• Monitoring
• Case Study: Prosecution
• Permit conditions
• Source testing
• Air and water monitoring
• Environmental effects
• Information Management and Reporting 
• Reporting requirements under the NPRI
• Provincial reporting
• EMS requirements under the Environmental Code of Practice for Metal Mines
• National and international EMS standards
• Compliance audits
• Climate Change Risk Managing risk: mitigation and adaptation
• GHG standards and protocols: ISO 14064/5
• Managing GHG reduction
• Technology and offsets
• Validation and verification
• Adaptation and infrastructure
• Vulnerability assessment 
• Corporate Disclosure of Environmental Liabilities
• Securities reporting and environmental disclosure obligations
• OSC staff notice: staff notice 51-716
• CSA staff notice 51-333
• US securities reporting and environmental disclosure obligations
• SEC interpretation release nos. 33-9106; 34-61469; FR-82
• Institutional and individual investor demands
• The Carbon Disclosure Project and Global Reporting Initiative shareholder initiatives
•  “But I’m not the CFO”: how do these disclosure obligations affect frontline staff 
• Aboriginal Issues
• The duty to consult and accommodate
• Understanding and addressing aboriginal issues
• Consultation requirements for proponents
• Addressing heritage and outstanding land claim issues
• Public Consultation
• Understanding the role of the public in regulatory processes
• Public consultation requirements
• Preparing for effective consultation
• Questions and Answers, Feedback on Achievement of Learning Outcomes

Concluding Remarks and Final Adjournment