Court of Appeal Overturns Berendsen

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					523                                                                                                       Enviromation

system with Western Climate Initiative partners in the
United States and Canada.
                                                                Latest Measures To Reduce Greenhouse
      Highlights of the regulation include:
                                                                Gas Emissions
●   Annual emission reports are required to be filed by              On December 3, 2009, the Ontario government
    March 31 in the following year.                             passed the Environmental Protection Amendment Act
                                                                (Greenhouse Gas Emissions Trading), clarifying Ontario’s
●   In the case of facilities that emitted more than            authority to issue market-based cap-and-trade regulations.
    20,000 tonnes of C02e in any year between 2006 and          The Act allows Ontario’s program to link to other systems
    2009, the 2010 report must state the amount of emis-        in North America and abroad to maximize trading oppor-
    sions exceeding 20,000 tonnes for any year between          tunities for industry.
    2006 and 2009.
                                                                     Furthermore, on December 1, 2009, the Ministry of
                                                                Environment issued its final Greenhouse Gas Emissions
●   Facilities must use quantification methods established by
                                                                Reporting Regulation (O. Reg. 452/09) to support the imple-
    the Western Climate Initiative for reporting purposes or,   mentation of a cap-and-trade program in Ontario,
    where such quantification methods do not exist, such        imposing mandatory emissions reporting for all regulated
    methods as are specified by the Ministry of Environment.    sources that emit 25,000 tonnes of CO2e or more per
                                                                annum. Key elements of the regulation are as follows:
●   Facilities must submit verification statements where
    emissions are in excess of 25,000 tonnes of C02e in any     ●   First reports on 2010 GHG emissions must be submitted
    year, such statements to be completed by an indepen-            on June 1, 2011, with reporting on an annual basis there-
    dent third-party verification body accredited by either         after;
    the Standards Council of Canada or the American
                                                                ●   For the 2011 report, facilities may apply best alternative
    National Standards Institute pursuant to ISO 14065. For         quantification methods to report GHG emissions (out-
    reporting years 2010 and 2011, the verification state-          lined in the accompanying technical guideline, entitled
    ments must be submitted by September 1 in the fol-              ‘‘Guideline for Greenhouse Gas Emission Reporting’’).
    lowing year, and for all subsequent years, submission is        For all subsequent years, regulated facilities must use
    required by April 1 in the following year.                      identified standard quantification methods; and

                                                                ●   Verification by third parties in accordance with ISO stan-
                                                                    dards will be required commencing in 2012 for 2011
                    Nova Scotia
                                                                    The province intends to develop a program to
Multi-Million Dollar Investment in Green                        encourage voluntary reporting for facilities that emit
Transportation and Technology                                   between 10,000 and 25,000 tonnes of CO2e per annum to
                                                                enable adaptation to North American cap-and-trade
     Nova Scoti
Description: The Ontario Court of Approval has overturned the groundbreaking Berendsen decision on provincial liability for contaminated sites. Berendsen is a dairy farmer who bought a farm where, in the 1960's, the province had dumped road waste (asphalt and concrete). Last year, after a 15 year legal battle, Judge Seppi ordered the province to pay Berendsen more than $1.7 million in damages and $655,000 in legal costs, for its negligence in both time periods. The decision will be devastating for the Berendsens, who may have to pay the province's legal costs on top of all their other losses.
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