Disagreement on Human Health Impacts from former Wood Treatment Facility in Edmonton

On February 26th, the Alberta Environmental Appeals Board (AEAB) issued a Report with recommendations related to Orders issued by the Alberta Environment Ministry for the remediation of a former wood preservative facility in Edmonton.

The site had been owned by Domtar Inc. and had been used to treat wood with preservatives from 1924 through to 1987. The property was purchased by a Cherokee Canada Inc. in 2010. Cherokee planned on remediating the site and developing a residential neighbourhood.

The AEAB report deals with a dispute between Cherokee and the Alberta Environment Ministry on whether the property that housed the wood treated facility is remediated and if it poses a hazard to human health. The AEAB report concludes “there is no immediate risk to these residents and other people.”

The Board also concluded the Alberta Environment had no basis for issuing Enforcement Orders against Cherokee. The Board stated that more clean-up of the site is needed, but none of it is an emergency as claimed by the Alberta Environment Ministry.

John Dill, a managing partner at Cherokee, stated in an interview with Global News: “I’m pleased that the decision confirms that the site is safe for the neighbourhood and its residents. We’re anxious to put an end to any further uncertainty by following the process that’s been set out, suggested by the board and minister.”

If Cherokee had not appealed the Order and won, it would have faced a very significant cost in removing and disposing of the contaminated material. The company estimated the cost to conform to the Orders to be in the at least $52 million.

March 7th Alberta Environment Press Release

On March 7th, the Alberta Ministry of the Environment and Parks released the results of analytical tests performed on soil samples taken at the former wood treatment plant along with findings from a human health risk assessment. The risk assessment concludes that contamination at the site is hazardous to human health.

Officials from the Alberta Ministry of Alberta and Parks conducted sampling at analysis of the soil at site of the former wood treatment plant at various times between 2017 and 2018. The sampling program consisted of sampling surface soil and subsurface soils at more than 1,039 locations at the property and collecting/analyzing over 1,457 soil samples.

The results from the analysis of the soil samples indicate 183 samples have levels of contamination that exceed human health guidelines for dioxins and furans. Of these, 96 per cent are located in fenced-off areas. A number of other contaminants of concern for human health are identified in these reports. Remediation of those locations remains the responsibility of the companies previously ordered by Alberta Environment and Parks to clean up the site.

Google Maps view of the Site and Surrounding Properties

Dr. Deena Hinshaw, Chief Medical Officer of Health for Alberta stated: “Our highest priority is the health and safety of residents, and we will continue to work towards minimizing any potential health risks to local residents. While these reports show that there are hazards in the areas, these risks are being addressed through the protective measures already in place until remediation of the soil is undertaken.”

Human Health Risk Assessment

Alberta Health issued the finding of the Human Health Risk Assessment. It made a preliminary comparison of the rates of cancer, miscarriages and birth defects in the surrounding neighbourhoods. This initial analysis found no difference between rates in the area near the former Domtar site compared with other parts of the province, with the exception of three types of cancer.

Among people who had lived in the area for 10 or more years, there were:

  • 34 cases of breast cancer in women (16 to 31 cases would have been expected)
  • 14 cases of endometrial cancer in women (three to nine cases would have been expected)
  • 22 cases of lung cancer in men (six to 14 cases would have been expected)

No differences in any childhood cancers were found compared with other parts of the province.

This data on its own does not indicate why there are higher rates for these three types of cancer in the area. Many factors could contribute to an increased risk of cancer, including but not limited to medical history, medication use and tobacco use. Alberta Health will, therefore, be working immediately with federal experts to conduct a field epidemiology investigation to try and identify what population health factors might have contributed to higher rates of these three cancers.

The Alberta Environment press release states, as a precautionary measure, women who have lived in the area for 10 or more years should talk to their doctors about the risks and benefits of starting breast cancer screening at the age of 40. This is a precaution until the results of the field epidemiology study are available.

History of the Site

The site itself had been used as a wood preservative plant by Domtar Inc. from 1924 until 1987. The plant manufactured “treated” wood products such as railway ties and telephone poles. The wood products were treated with chemical preservatives, such as creosote, to prolong their lifespan.

Between 1987 and 2008, the plant was decommissioned and Domtar conducted a partial remediation of the property including soil testing. Contamination remains in the subsurface including creosote, polycyclic aromatic hydrocarbons, dioxins and furans.

Cherokee Canada Inc. bought the site from Domtar in 2010 for $1.8 million. The purchase of the property is made with the company fully aware of the contamination at the site and with the acknowledgement by the Alberta Environment Ministry of a remediation plan to clean-up the property prior to redeveloping it for residential use.

Between 2011 and 2016, Cherokee Canada Inc. works on its remediation plan. Part of the plan consists of constructing a berm with contaminated soil from the site and covering it with clean soil. Cherokee Canada Inc. claims the berm structure contains contamination and that natural attention of the organic contaminants in the soil will occur over decades.

A 2013 environmental risk assessment conducted by Cherokee Canada Inc.
concludes that the constructed berm should not lead to any adverse health or environmental outcomes. The Alberta Environment Ministry approves a remediation certificate for a parcel of the site and allows for construction of a residential housing development on the parcel.

By October 2014, the contamination berm is nearly complete. The Alberta Environment Ministry claims that it was the first it had heard of the berm’s construction. The company says the province knew about the project all along and even had representatives on-site from time to time.

In 2016, the Alberta Environment Ministry conducts its own environmental testing at the site and claims that there is evidence of naphthalene in most of the samples, and that the substance is not contained.

Late in 2016, Cherokee sues the Province of Alberta for $126 million, claiming Alberta Environment acted in bad faith by “recklessly” changing its position on the remediation plan after the company had already spent considerable money.

Also in 2016, Alberta Environment issues an Enforcement Order that requires Cherokee to conduct further environmental testing. It also issues an Environmental Enforcement Order against both Cherokee and Domtar requiring further environmental testing in other parcels at the site.

In 2018, the Alberta Environment Ministry said third-party testing at the site found chemicals dangerous to human health. It imposed five enforcement orders on Cherokee, requiring the company to remediate any contamination.

Cherokee appealed the decision, arguing it had already undertaken remediation efforts (as had Domtar), including isolating and protecting contaminated soil from exposure.

The February 26th, 2019 decision by the Alberta Environmental Appeals Board vindicated Cherokee as the Board stated the Orders were inappropriate.

Cherokee Canada Inc.’s Position

In response to the Alberta Environment’s March 7th announcement, Cherokee issued its own press release. In the release, the company claims that Alberta Environment March 7th publication provides unsubstantiated information to community members about potential health risks. It also states that the issue of health risk and the appropriate standards and scientific criteria for remediation for certain chemicals of concern were addressed in by the Environmental Appeals Board in 2018.

The press release also states “We are concerned that the Ministry’s approach is a veiled attempt to influence the Minister’s response to the Board’s independent Report and Recommendations or to attempt to discredit the Board’s findings.”

March 13th Alberta Environment Orders

On March 13, Alberta Environment and Parks Minister Shannon Phillips released her decision on the appeal of the orders issued to Cherokee Canada Inc., 1510837 Alberta Ltd. and Domtar Inc.

In the the newest order, the minister directs the both Cherokee and Domtar to undertake the work on the site within specific periods of time from the issuance of the order. This work includes:

  • Temporary dust control plans (within seven days)
  • Dust control plans (within 60 days)
  • Site delineation (sampling) plan (within 90 days)
  • Site delineation(sampling) (within 150 days)
  • Site modelling identifying all current and historical sampling (within 180 days)
  • Human health risk assessment (within 210 days)
  • Site-specific risk assessments (within 210 days)
  • Reclamation and remediation plans (within 240 days)
  • Long term site monitoring plans (within 240 days)
  • Completion of residential reclamation components (within 280 days)

The minister also issued two environmental protection orders:

  • An order to Cherokee Canada Inc. and 15120837 Alberta Ltd. to conduct sampling and remediation within the neighbouring community and for the berm to the south of the community to address the presence of dioxins and furans.
  • An order to Domtar Inc. to conduct sampling and remediation within the neighbouring community and for the Greenbelt to the south of the community to address the presence of naphthalene, dioxins and furans.

A spokesperson for the Province of Alberta pointed out the AEAB’s recommendations “did not take into consideration the new testing results and health outcomes issued by the chief medical officer of health, as this information was not before the board at the time of the hearings (see below).

British Columbia intends to improve waste soil relocation regulations

by Max Collett, Norton Rose Fullbright

The Ministry of Environment and Climate Change Strategy in British Columbia intends to bring forward legislation to better regulate excess soil relocation, including waste soils, and reduce deposit of soils in landfills.

The Ministry of Environment and Climate Change Strategy has for years been aware that certain participants in the soil and waste transport and relocation industry have not been complying with the current regulations, which are reliant on source site and recipient site owners entering into a Contaminated Soil Relocation Agreement (CSRA) with the ministry.

In January 2019 the ministry issued a final policy recommendation with a series of proposed substantive amendments to the soil relocation regulations and legislation. The following are notable features of the new regulations:

  • Distinguish between soils and waste soils, and regulate the relocation of waste soils. Waste soil is to refer to soil that possesses a substance concentration greater than the lowest applicable industrial land use standard
  • Remove the requirement for a CSRA (a positive development as execution of these agreements was time consuming)
  • Introduce notification and certification requirements:
    • require that the applicant deliver advance notification to local governments as well as “indigenous groups” in the area of both source and receiving sites. (To date, the ministry has not given any indication how an applicant will be able to identify the applicable indigenous groups, which is not always obvious in areas of overlapping claims and interests)
    • require that the applicant complete chemical characterization and vapour assessments for certain waste soils and obtain certification by approved professionals. Certifications will be subject to random audits. (The introduction of approved professionals and audit verification should be a positive development and enable applicants to better control the soil relocation process and associated project scheduling. This process will be similar to that undertaken for independent remediation of contaminated sites)
  • Amend the Environmental Management Act to provide for administrative monetary penalties if soil relocation requirements are not met
  • Potentially add new requirements for landfills and high-volume receiving sites.

The ministry intends to seek government approval for these amendments in 2019. We will provide a further update once it is confirmed whether the province approves the recommendations and tables specific legislative and regulatory amendments for approval.

The author wishes to thank articling student Niles Bond for his help in preparing this legal update.


This article was published with permission of the author. It was first posted on the Norton Rose Fulbright website.

About the Author

Max Collett provides quality, timely and practical advice to public and private sector clients on all legal matters pertaining to complex commercial real estate development and environmental law. He assists developers, First Nations economic development companies, governmental agencies and health authorities, amongst others, to structure the ownership of projects, and acquire, finance, construct, operate and sell institutional, industrial, commercial and residential developments. He has extensive experience with legal matters pertaining to the management or redevelopment of contaminated, brownfield sites. Mr. Collett is counsel on a diverse range of projects, from complex mixed-use strata developments, complex commercial developments, health care facilities to joint venture developments on First Nations lands. He regularly assists on institutional projects undertaken pursuant to public-private partnerships. Mr. Collett also advises commercial and industrial clients on all aspects of regulatory compliance with environmental laws.

Amendments to the Canada Shipping Act, 2001 and Marine Liability Act

by Joanna Dawson, McMillan LLP

On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, otherwise known as the Budget Implementation Act was given royal assent.  This Bill, which was first introduced on October 29, 2018, predominantly pertains to amendments of budget-related legislation, but also proposes significant amendments to both the Canada Shipping Act, 2001(“CSA”) and the Marine Liability Act (“MLA”). The amendments to the CSA were introduced to allow the federal government to regulate for environmental reasons and specifically “to deliver on commitments made under the Oceans Protection Plan to enable the Government to respond to marine pollution incidents faster and more effectively, and to better protect marine ecosystems and habitats”. The amendments provide significant new powers and authority that potentially change the marine safety and environmental protection framework in Canada.

Canada Shipping Act, 2001

With a focus on marine environmental protection, environmental response, enhanced enforcement and support for marine research, the amendments to the CSA include the following:

  • The amended Section 10(1)(c) sets out that the Minister of Transport or the Minister of Fisheries and Oceans may enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act or the regulations and authorize any person or organization – including a provincial government, local authority, council or other entity authorized to act on behalf of an Indigenous group – with whom or which an agreement or arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the agreement or arrangement.
  • The new Section 10(2.1) provides that the Minister of Transport may exempt any person or vessel or class of persons or vessels from any provisions of the CSA or the regulations if the exemption would allow the undertaking of research and development to enhance marine safety or environmental protection.
  • The new Section 10.1 provides that the Minister of Transport may make an interim order if he or she believes that immediate action is required to deal with a direct or indirect risk to marine safety or to the marine environment. Such interim order has effect from the time that it is made and remains in effect for a period one year, or any shorter period that may be specified in the interim order.  However, the interim order may be extended by the Governor in Council for a period of no more than two years after the end of the applicable period.
  • The new Section 35.1 provides that the Governor in Council may, on the recommendation of the Minister of Transport, make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities, including regulations with respect to, among other things:
    • design, construction, manufacture and maintenance of vessels or classes of vessels and inspections and testing thereof;
    • specifying the machinery, equipment and supplies that are required or prohibited on board vessels or classes of vessels;
    • design, construction, manufacture, maintenance, storage, inspection, testing, approval, arrangement and use of the machinery, equipment and supplies of vessels or classes of vessels;
    • regulating or prohibiting the operation, navigation, anchoring, mooring or berthing of vessels or classes of vessels; and
    • regulating or prohibiting the loading or unloading of a vessel or a class of vessels.
  • New penalties for non-compliance by the amendment in Section 40.1 which provides for a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or both.
  • The amendments to Sections 168.3, 175(2) and 180(1) allow the Minister or the Minister of Fisheries and Oceans who believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or may discharge a pollutant, to take measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility.

Marine Liability Act

With a focus on “modernizing Canada’s Ship-Source Oil Pollution Fund”, the amendments to the MLA include the following:

  • The amended Section 101(1.1) provides that the Ship-source Oil Pollution Fund is liable for the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person in respect of measures taken under subsection 180(1) of the Canada Shipping Act, 2001 with respect to oil, or for loss or damage caused by those measures, for which neither the owner of a ship, the International Fund nor the Supplementary Fund is liable by reason of the fact that the occurrence or series of occurrences for which those costs and expenses were incurred did not create a grave and imminent threat of causing oil pollution damage.
  • The addition of Section 114.1 imposes levies on receivers and exporters of oil to be used to replenish the Ship-source Oil Pollution fund when depleted.
  • New penalties for non-compliance by the addition of Section 130.01 which provides for a fine of $50,000 per individual and, in the case of any other person, $250,000.

Going Forward

While these amendments are intended to improve maritime safety and environmental protection, it is not yet clear as to the impact these provisions will have upon the current Canadian marine and environmental framework.  It seems that some of the provisions are ambiguous or will be challenging to apply. Without further guidance on how these new measures will be implemented, and clarity on who has the regulatory authority to enforce or take action provided thereunder, the uncertainty will ultimately lead to litigation with the courts left to determine the appropriate outcome.  It will be interesting to see how the amendments to the CSA and the MLA will affect and bring about change to the maritime industry.


A cautionary note: The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

This article is republished with the permission of the author. It was first posted on the McMillan LLP website.

About the Author

Joanna is a senior associate in the Business Law Group and the Transportation Group in the firm’s Vancouver office.  She practices in the areas of corporate, commercial and maritime law. Joanna routinely advises companies in the marine industry and a wide range of other industries on general corporate and commercial matters, including mergers and acquisitions, sales and purchases of businesses and marine assets, business structuring and organization, corporate restructuring and reorganization, and preparation and negotiation of agreements and contracts.

Joanna’s clients turn to her for day-to-day advice on their company operations and appreciate her practical and business-minded legal advice. She brings to her practice a depth of knowledge in the marine and transportation sectors acquired through her experience in working with ferry operators, shippers, ship owners and charter parties, and ship builders, locally and internationally.

AI Software Firm Specializing in Smart Remediation receives Canadian Government Support

WikiNet, a Quebec-based software firm that claims to have the world’s first
first soil remediation solution using Cognitive Artificial Intelligence (AI), recently received $254,000 in funding from the Canadian government through its Quebec Economic Development Program and its Regional Economic Growth through Innovation Program.

The $254,000 in government funding will help WikiNet diversify its markets, thereby increasing its sales and exports. The contribution will go toward prospecting, producing promotional tools and registering a patent. Fifteen jobs will be created once the government funded project is completed. A sum of $109,000 is a repayable contribution.

WikiNet was founded in 2016 to provide innovative software solutions for the environment sector. It offers niche applications, including a smart management tool for the transportation and management of contaminated soils and an application that uses both a database and artificial intelligence to guide environmental experts in choosing the best site remediation technologies.

WikiNet is developing WatRem, a system that learns from past environmental cleanup efforts to provide automated expert recommendations for treating contaminated sites worldwide.

WikiNet’s artificial intelligence product was one of over 150 projects from 36 countries selected as part of the global IBM Watson AI Xprize for Good competition. The winners of the IBM competition will be announced in 2020.

WikiNet has also developed a smart tool called “Trace” for offsite contaminated soil disposal and certification. ​”Trace” is a cognitive tool to support environmental sustainability by offering a smarter and safer way for off-site soil disposal. It allows stakeholders involved in a remediation project to manage offsite disposal of soils and dangerous materials with live GPS traceability.

Researchers Develop new method to detect hazardous solvents in water and soil

A Purdue University team, led by Joe Sinfield, an associate professor in Purdue’s Lyles School of Civil Engineering, and involving former Purdue researcher Chike Monwuba, has developed a new method to detect the presence of these hazardous solvents in water and soil. The method offers the potential to enhance monitoring operations and improve the efficiency of remediation efforts.

“Our method is accurate, quick and can detect very low concentrations of the target contaminants,” said Sinfield, who also serves as the director of Purdue’s College of Engineering Innovation and Leadership Studies Program.

The Purdue team had initially focused on using Raman spectroscopy to directly detect chlorinated solvents. In this approach, a laser is used to examine a sample and the scattered light is observed to determine its chemical makeup.


The different fundamental light processes during material interaction

“Traditionally, one would look for specific frequencies of scattered light that are indicative of the presence of the chemical of interest,” Sinfield said. “However, after conducting several broad spectral studies of the target compounds in simulated field samples, our team noticed that the light scattered by the water itself was affected by the presence of the chlorinated solvents—in fact more so than the light scattered by the molecules of the target chemical.”

This observation led to the development of a sensing mechanism that is nearly 10 times more sensitive than conventional approaches involving direct observation of the solvents themselves.

Sinfield said the Purdue method also shows promise for detecting chlorine based compounds in other contexts, as well as chemicals such as fluorine, bromine or iodine in an array of application spaces.

The work aligns with Purdue’s Giant Leaps celebration, celebrating the university’s global advancements in health and sustainability as part of Purdue’s 150th anniversary. These are two of the four themes of the yearlong celebration’s Ideas Festival, designed to showcase Purdue as an intellectual center solving real-world issues.

Researchers worked with the Purdue Office of Technology Commercialization to patent the innovation, and they are looking for partners to continue developing it. 

U.S. PHMSA Study Will Assess Aligning U.S. and International Regulations for Aerosol Containers

by Bergeson & Campbell

The U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) routinely reviews and amends the Hazardous Materials Regulations (HMR) to harmonize the HMR with international regulations and standards.  In February 2019, PHMSA’s Office of Hazardous Materials Safety (OHMS) contracted with the Cambridge Systematics (CS) Team to conduct a risk assessment for the transportation of aerosol containers to align U.S. and international regulations.  The study is intended to determine whether the United Nations Recommendations on the Transport of Dangerous Goods — Model Regulations (Model Regulations) definition of aerosols maintains an equivalent level of safety to the definition in the HMR and to assess the risk associated with aligning the definitions.  The study is expected to be completed in February 2020, and any rulemaking to align the definition of aerosol containers would be issued after that.

Federal law and policy favor the harmonization of domestic and international standards for hazardous materials transportation.  In a November 27, 2018, proposed rule to amend the HMR to maintain alignment with international regulations and standards, PHMSA notes that it was directed by the federal hazardous materials law “to participate in relevant international standard-setting bodies and requires alignment of the HMR with international transport standards to the extent practicable.”  While federal hazmat law allows PHMSA to depart from international standards to promote safety or other overriding public interest, “it otherwise encourages domestic and international harmonization.”

The Model Regulations define aerosol or aerosol dispenser as “an article consisting of a non-refillable receptacle meeting the requirements of 6.2.4, made of metal, glass or plastics and containing a gas, compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or in a gaseous state.”  The HMR, in 49 C.F.R. Section 171.8, defines aerosol as “an article consisting of any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.”  Unlike the Model Regulations, the HMR permits only an aerosol with a liquid, paste, or powder.  Industry has petitioned PHMSA to align the definitions and permit certain non-refillable gas containers with or without a liquid, paste, or powder to be transported without needing a Special Permit.

Commentary

Since the study is not expected to be completed until February 2020, there will be no immediate impact for U.S. manufacturers of aerosol products.  The study will likely conclude that the definition of aerosols in the Model Regulations ensures an equivalent level of safety to the definition in the HMR, and that there is no risk associated with aligning the definitions.  Should this be the outcome, PHMSA would then initiate a rulemaking.  We would expect the rulemaking to align the HMR definition with the Model Regulations and permit certain non-refillable gas containers with or without a liquid, paste, or powder to be transported without needing a Special Permit.  Stakeholders may wish to keep an eye on the study and, of course, any ensuing rulemaking and comment as appropriate.


This article has been republished with the permission of Bergeson & Campbell, P.C. The original post can be found at the Bergeson & Campbell, P.C. website.

Bergeson & Campbell, P.C. (B&C®) is a Washington D.C. law firm providing decades of experience in the manufacture, handling, and transport of conventional, biobased, and nanoscale industrial, agricultural, and specialty chemicals, including product approval and regulation, product defense, and associated business issues. www.lawbc.com.

Government Funding Available to assist with exports for SME Cleantech Companies

The Government of Canada recently announced that $17 million would be made available for small-to-medium enterprise (SME) echnology companies (including Cleantech) to assist in exports.

The $17 million will be used to expand the successful Canadian Technology Accelerator (CTA) program and will be distributed to eligible companies over a five year period.

About the CTA Program

The Canadian Technology Accelerator (CTA) is a program of the Canadian Global Affairs Canada’s Trade Commissioner Service. It offers high-intensity programming that helps selected high-growth, high-potential Canadian technology firms scale up by connecting them with export, investment and partnership opportunities in global innovation centres. Over the course of a four- to six-month program, CTA participants are provided with tailored support ranging from in-market working space and coaching to market validation and introductions to potential partners, clients and investors.

Since 2013, the CTA program has helped over 500 Canadian technology companies accelerate their growth by gaining a foothold in key U.S. innovation centres. Since 2013, the program has achieved notable success in Boston, New York and San Francisco. An investment of $2 million a year has been leveraged into $510 million in capital raised, $190 million in new revenue, 996 strategic partnerships and 2,125 new jobs for 489 high-growth, high-potential firms in key technology sectors, such as information and communications technology, life sciences and clean-tech.

Canadian SME Cleantech Leaders

There are many examples of SME clean tech companies in Canada. Of the recent Global Cleantech 100 companies listed by the Cleantech Group, 12 are from Canada. The Canadian companies on the Global Cleantech 100 list are as follows:

  • Axine Water Technologies – Created a new standard for treating toxic organic pollutants in industrial wastewater, solving a global problem for pharmaceutical, chemical and other manufacturing industries. Vancouver, B.C.
  • CarbonCure – Retrofits concrete industry plants with a technology that recycles waste carbon dioxide to make affordable, greener concrete products. Halifax, N.S.
  • Cooledge Lighting – Provides adaptable LED lighting solutions to help the design industry integrate light into the built environment. Richmond, B.C.
  • ecobee – Empowers people to transform their lives, homes, communities and planet through innovative technologies that are accessible and affordable. In 2007, ecobee introduced the world’s first smart Wi-Fi thermostat to help millions of people save energy and money without compromising comfort. Toronto, Ont.
  • Enbala – Provides the advanced technology needed to ensure the operational stability of the world’s power grids by harnessing the power of distributed energy. Vancouver, B.C.
  • GaN Systems – Manufactures a range of highly efficient transistors that address the needs of various industries, including renewable energy systems, data centre servers, automotive systems, industrial motors and consumer electronics. Ottawa, Ont.
  • Inventys – Commercializes a low-cost and energy efficient technology for capturing post-combustion CO₂ from various sources, such as natural gas boilers, gas turbines, and industrial facilities, such as cement plants. Burnaby, B.C.
  • Metamaterials Technologies – Develops smart materials and photonics to provide solutions in the field of optics for several industries, including aerospace and defence, healthcare, energy, education, and cleantech. Dartmouth, N.S.
  • MineSense Technologies – Improves the ore extraction and recovery process to significantly increase profitability and decrease requirements for energy, water and chemicals. Vancouver, B.C.
  • Opus One Solutions – Developed GridOS®, an intelligent data analytical platform for smart grids that delivers optimal energy planning and management to generate, distribute, store and consume energy in a distributed network, paving the way toward a distributed energy economy. Toronto, Ont.
  • Semios -Develops agricultural technology innovation involving precision agriculture, biological pest control and data management. Vancouver, B.C.
  • Terramera – Uses technology to replace synthetic chemical pesticides with high-performance, plant-based pest control products for agricultural and consumer use. Vancouver, B.C.

The cleantech global market is estimated to be worth US$1 trillion and expected to surpass the US $2.5 trillion by 2022.

Latest Funding Allocation

The additional $17 million in funding will allow the expansion of CTA programming to global innovation centres: Berlin, Delhi, London and Mexico City. This builds upon the recent expansion of the CTA to four Asian cities (Hong Kong, Taipei, Tokyo and Singapore), funded as part of Budget 2018’s commitment to strengthen Canada’s diplomatic and trade support presence in Asia. 

Who is Eligible and How to Apply

CTAs are open to innovative Canadian tech companies that can demonstrate:

  • Traction in the Marketplace: You have at least a minimum viable product (MVP), along with quantifiable evidence of maturity (revenue, investment, or number of users).
  • Product Market Fit: You can define your target audience, articulate the problem you solve, and demonstrate differentiation of your product/service.
  • Strong & Experienced Executive Management Team: You can commit to send at least one senior member (C-level or Founder) to take part in the program and have the financial resources to cover in-market costs.
  • Potential to Scale: You have a well thought out go-to-market plan for the CTA location along with KPIs to match.

Participants are chosen in a competitive process. The Trade Commissioner Service and a panel of industry experts review the applications and decide whether applicants are eligible and a good fit for a location.

If you are chosen a CTA team members will contact you. Companies must be ready to commit the time and money needed for their executives to live full time in the target location.

For more information on how to apply, visit the CTA website.

Canada’s Key Cleantech Centres

Dredging Company fined $350,000 for depositing damaging substance into Fraser River

Company fined $350,000 for depositing damaging substance in Fraser River

Fraser River Pile and Dredge (GP) Inc. recently pleaded guilty to the Fisheries Act violation in British Columbia provincial court. The court fined the company $350,000. The fine was a result of one of the company’s dredging causing the depositing a deleterious substance into water frequented by fish – the Fraser River.

The conviction stems from an incident that occurred on the Fraser River in February 2014. During that time, the company was dredging in Deas Slough in the Fraser River when its vessel punctured a submerged water main carrying chlorinated water to the City of Delta. Enforcement officers from Environment Canada and Climate Change (ECCC) investigated the incident and determined that chlorinated water was released through the pipe into the waterway.

ECCC charged the company with the Fisheries Act violation as Deas Slough is an important fish-bearing body of water and the concentration of chlorine that was released was damaging to fish.

FRPD Equipment in Operation (Source: FRPD)

Fraser River Pile & Dredge (GP) Inc. (FRPD) is Canada’s largest Marine & Infrastructure, Land Foundations and Dredging contractor.  FRPD’s fleet includes cutter suction and trailing suction hopper dredges, spud barges, cranes, dump scows, and flat scows. The company performs all types and sizes of marine & infrastructure, environmental remediation, dredging and land foundations projects.

The $350,000 collected from the company by the government will be directed to the Government of Canada’s Environmental Damages Fund. Also, the company’s name will be added to an Candian environmental offenders registry.

Ontario: Trucking Company Fined $250,000 over hazmat incident

Titanium Trucking Services Inc., headquartered in Ontario, was recently convicted of one violation under the Ontario Environmental Protection Act and was fined $250,000 plus a victim fine surcharge of $62,500 and was given 24 months to pay the fine. The fine was the result of a hazmat incident in which a fluorosilicic acid spilled from a tanker truck into the natural environment, which caused adverse effects.

Fluorosilicic acid is corrosive and causes burns. It decomposes when heated, with possible emanation of toxic hydrofluoric acid vapours. It is used in fluoridating water and in aluminum production. In the aquatic environment, an accidental spillage of fluorosilic acid would suddenly reduce pH level due to the product’s acidic properties.

At the time of the offence, Titanium Trucking Services Inc., which is located in Bolton (just northwest of Toronto) had a contract with a Burlington, Ontario area chemical company to provide drivers and vehicles on a dedicated basis for chemical product transportation.

In January 2017, the Burlington area chemical company placed an order for 81,000 kg of 37-42% fluorosilicic acid, which was required for pickup in Montreal for transport to Burlington.  Fluorosilicic acid is a corrosive liquid, classified as a dangerous good. 

On the date of the planned chemical pick-up, Environment Canada had issued weather advisories relating to a major winter storm and the public was instructed to consider postponing non-essential travel.

The chemical pick-up occurred as planned on March 14, 2017, and within four hours after leaving Montreal, the truck and the driver were involved in a multi-vehicle collision while traveling westbound on Highway 401. As a result of the collision 15 totes of fluorosilicic acid ejected through the front wall of the trailer and also came to rest in the roadside ditch.

Eight of the totes of acid that ejected from the trailer were punctured and spilled approximately 8,000 litres of acid into the ditch and onto the truck cab, dousing the driver, which eventually resulted in his death later in hospital.


March 14, 2017 incident on Highway 401 near Mallorytown. Several first responders were exposed and needed to be decontaminated. (XBR Traffic)

The acid discharge caused further adverse effects. a total of 13 First responders and another sixteen members of the public had to be decontaminated, the 401 highway was closed in both directions, and the OPP officer who initially attempted to extract the truck driver from the cab on scene experienced significant health effects. In addition, adverse impacts to the roadside soil ecosystem occurred.

Ontario: Consultant fined $22,500 for submitting false information to Environment Ministry

Stephen Harold Arkell, an environmental consultant and owner of CR Consulting in Markham, was recently convicted on three violations under the Ontario Environmental Protection Act and was fined $22,500 plus a victim fine surcharge of $5,625 with 18 months to pay the fine. As part of the conviction an 18 month Probation Order was issued by the court.

The convictions relate to submitting false information electronically to the Ontario Environment Ministry’s Environmental Activity and Sector Registry.

Stephen Harold Arkell has an office in Markham and during the time of the violations, provided consulting services by preparing environmental application submissions for the purpose of obtaining Ontario Environment Ministry approvals and registering on the Environmental Activity Sector Registry. Mr. Arkell is not and has never been a licenced engineering practitioner.

Before conducting an activity that may discharge contaminants into the natural environment (other than water) legislation requires that the business or individual obtain a ministry approval or register on the Environmental Activity and Sector Registry. A licenced engineer is needed to complete these requirements.

During the period, Mr. Arkell prepared and submitted registrations to the Environmental Activity and Sector Registry on behalf of clients engaged in activities that required a registration due to their potential to emit contaminant(s) to the air. 

In all cases, the registrations that Mr. Arkell prepared and submitted indicated that the required documents had been prepared by an engineer and also indicated an engineer licence number. However, this information was false. By committing these offences, Mr. Arkell impacted the registrations of three separate companies between July 2017 and January 2018.

The ministry’s Investigations and Enforcement Branch investigated and laid charges resulting in three convictions.

Mr. Arkell’s LinkedIn indicates that he has been the owner of CR Consulting since 2010. It states that his company prepares air emission applications for industries who are required to register with the Ministry of the Environment for Certificates of Approval (air). As part of the application process, the company prepares Emission Summary and Dispersion Modeling reports.