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Follow us on twitter at @hazmatmag for the latest news on contaminated sites, brownfields, spills and spill response, hazmat, and dangerous goods in Canada, North America and the world.
CHAR Technologies Ltd. (“CHAR”) (YES – TSXV) recently announced that it has successfully commissioned its biocarbon production facility. CHAR creates two types of biocarbon, an activated charcoal “SulfaCHAR” and a solid biofuel (bio-coal) “CleanFyre.” At full capacity, the facility will be capable of producing up to 5 tonnes per day of biocarbon.
“Successful commissioning is a very significant milestone for CHAR,” said Andrew White, CEO of CHAR. “We are now able to produce commercial quantities of SulfaCHAR, as well as enough CleanFyre to test as part of our project with ArcelorMittal Dofasco and Walker Environmental.”
The completion of commissioning is the next milestone in CHAR’s Sustainable Development Technology Canada (SDTC) project. Upon acceptance of the milestone report by SDTC, the next progress payment can be processed.
CleanFyre is a carbon neutral solid biofuel, and through its implementation will allow users to significantly reduce their GHG emissions. SulfaCHAR is a zero-waste activated charcoal, with application in the desulfurization of renewable natural gas. Both are made from low-value materials, including anaerobic digestate and wood-based by-products.
CHAR Technologies Ltd. is a cleantech development and services company, specializing in biocarbon development (activated charcoal ‘SulfaCHAR’ and solid biofuel ‘CleanFyre’) and custom equipment for industrial air and water treatment, and providing services in environmental management, site investigation and remediation, engineering, and resource efficiency.
On September 4, 2018, Ontario’s Divisional Court released its decision in Hamilton Beach Brands Canada, Inc. v. Ministry of the Environment and Climate Change, 2018 ONSC 5010, dismissing an appeal of a September 1, 2017 decision of Ontario’s Environmental Review Tribunal (Hamilton Beach Brands Canada Inc. v. Ontario (Environment and Climate Change), 2017 CanLII 57415 (ON ERT)) in which the Tribunal upheld the Ministry’s jurisdiction to order current and former owners and tenants of a contaminated property to delineate contamination that has migrated to off-site properties. The Tribunal’s decision also found that the Ministry had jurisdiction to make an order regarding existing, ongoing and future adverse effects, that the adverse effects do not have to be related to the potential off-site migration of a contaminant, nor must the contaminant be on an orderee’s property at the time the order is made and that the order may require work on-site and off-site to address an adverse effect.
In upholding the Tribunal’s decision, the Divisional Court found that there is no geographical constraint limiting orders to the source property of the contamination and quoted the Tribunal’s observation that “contamination and adverse effects are not constrained by the boundaries of a property, either in initial discharge or because of migration”. The Divisional Court also found that the Tribunal’s interpretation of the Ministry’s order-making jurisdiction is consistent with the Brownfield regime since protection from orders is extinguished under the regime when contaminants migrate from a property that was subject to that regime.
The order provisions of s.18(2) of the Environmental Protection Act, R.S.O. 1990, c.E.19 were at issue in this case. This is the first Divisional Court decision interpreting the geographic extent of the powers set out in s.18(2). The decision confirms that the powers are expansive and should be considered by any current, former or prospective owner or tenant of a contaminated property. We will continue to monitor this case should it be appealed further.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
About the Authors
Mr. Berger has practiced regulatory law for 37 years. He represents nuclear operators and suppliers, waste management operators, renewable energy operators, receivers-in-bankruptcy, municipalities and First Nations. He was an Assistant Crown Attorney in Toronto for 8 years, Senior counsel and Deputy Director for Legal Services/Prosecutions at the Ministry of the Environment for 9 years and Assistant General Counsel at Ontario Power Generation Inc for 14 years.
He is the author of a quarterly loose-leaf service published by Thomson Reuters entitled the Prosecution and Defence of Environmental Offences and the editor of an annual review of environmental law.
Mr. Berger was the President of the International Nuclear Law Association (2008-2009) and the founder, and President of the Canadian Nuclear Law Organization.
Mr. Engel practice all aspects of Environmental and Renewable Energy Law. He advises clients in the development and operation of renewable energy projects, regulatory compliance and civil causes of action.He represent clients before Ontario’s Environmental Review Tribunal and all levels of court. He assist clients with defences to environmental and other regulatory prosecutions, appeals of environmental orders and civil litigation involving environmental issues including contaminated lands.
Mr. Engel has a Masters degree in Environmental Studies and is Certified by the Law Society of Upper Canada as a Specialist in Environmental Law.
Labelmaster (a U.S.-based provider of labels, packaging and technology related to the transport of dangerous goods and hazardous materials), recently announced the results of its annual 2018 Global Dangerous Goods Confidence Outlook. Sponsored by Labelmaster, International Air Transport Association (IATA), and Hazardous Cargo Bulletin, the survey was conducted to gain insight into how organizations around the globe approach dangerous goods shipping and handling, and the challenges they face.
“Shipping dangerous goods is complex and high-risk, and those responsible for compliance have an increasingly critical job,” said Rob Finn, vice president of marketing & product management at Labelmaster. “In an effort to better understand today’s dangerous goods landscape, Labelmaster, IATA and Hazardous Cargo Bulletin partnered to gather insights from dangerous goods professionals across the globe. We found that while many organizations have the necessary infrastructure, training and processes to ensure compliance across their supply chains, a large number do not.”
The survey covered personal profile information, including: respondent location, most common DG hazard class materials handled, contact role, etc.; training and DG enforcement concerns; compliance challenges; use of technology; comparison to the 2017 survey results; and other leading industry concerns.
Here are some of the key results from the survey:
Keeping up with regulations and ensuring compliance is challenging: Regulatory compliance is critical to an organization’s ability to maintain a smooth supply chain. Yet with growing volumes and types of DG, increasingly complex supply chains, and more extensive regulations, many industry professionals find it challenging to do their jobs effectively and efficiently. In fact:
When asked to rank their greatest challenge to compliance: budget constraints (28 percent); company leadership not aware of risk (21 percent); insufficient or ineffective training (19 percent); lack of technology (17 percent); difficulty in keeping up with changing regulations (15 percent).
Compliance technology and training is often inadequate: Those responsible for DG face an uphill battle – not only in meeting evolving regulations, but also in overcoming inadequate infrastructure and training. Technology is critical to the supply chain, and significantly improves efficiency, speed, accuracy and more. And even with a number of technology resources available, 28 percent of dangerous professionals are still doing everything manually. Furthermore, 15 percent believe their company’s infrastructure ability to quickly adapt to regulatory and supply chain changes is “lagging behind the industry,” 65 percent said it is “current, but need updating” and 21 percent believe it is “advanced – ahead of the industry.”
The need for improvement extends to training as well. One-quarter of respondents feel their company’s training does not adequately prepare people within the organization to comply with dangerous shipping regulations. In many cases, the scope of employees being trained needs to be expanded. In fact, 67 percent of respondents believe dangerous goods training should be extended to other departments across their company.
An organization’s attitude towards compliance impacts its level of investment: An organization’s attitude towards dangerous goods compliance has a direct impact on how much a company invests in compliance resources. Unfortunately, their attitude towards compliance often does not reflect its true value. According to the survey:
Dangerous goods professionals desire additional support: Investment in infrastructure and training is critical to enabling DG professionals to do their jobs effectively and efficiently, and whether their budgets have increased, decreased or stayed the same, DG professionals desire additional support. When asked how they would prioritize financial support from their organization: more effective training (42 percent); technology for better supply chain efficiency and compliance (29 percent); wider access to the latest regulatory resources and manuals (18 percent); additional headcount (12 percent).
Finn added, “The risk associated with shipping and handling dangerous goods is greater than ever and industry professionals responsible for managing it need the proper technology, training and regulatory access to ensure they are moving goods in a secure, safe, compliant and efficient manner. Unfortunately, obtaining the necessary budget and resources likely requires buy-in from executive leadership, which can be an uphill battle. So how do you get that buy-in? It starts with changing the conversation around dangerous goods management.”
Changing the Conversation with Senior Leadership
Changing the conversation means reframing the overall view of dangerous goods management within an organization. This begins with dangerous goods professionals quantitatively demonstrating how their compliance program can reduce costs and increase revenue to make a positive contribution to the company’s bottom line. Simply put, it is defining your company’s “total value of compliance,” which takes into account three factors:
This Total Value of Compliance (TVC) framework helps dangerous goods companies make compliance a powerful, revenue-positive aspect of their business. To learn more about the total value of compliance, download a TVC technical brief and schedule a free assessment, visit www.labelmaster.com/tvc.
To read the full report, visit www.labelmaster.com/dg-compliance-outlook.
Labelmaster helps companies navigate and comply with the regulations that govern the transport of dangerous goods and hazardous materials. From hazmat labels and UN certified packaging, hazmat placards and regulatory publications, to advanced technology and regulatory training, Labelmaster’s comprehensive offering of i software, products, and services help customers remain compliant with all dangerous goods regulations, mitigate risk and maintain smooth, safe operations. To learn more, visit www.labelmaster.com.
360 Market Updates recently published the Global Oil Spill Management Market Report 2018-2023. The report offers a comprehensive analysis on Oil Spill Management industry, delivering detailed market data and insights. The report provides analysis which is beneficial for industry insider, potential entrant, and investor. The Oil Spill Management Report provides information on the key business players in the market as well as their business methods, annual revenue, company profile and their contribution to the world Oil Spill Management market share. The report covers a huge area of information including an overview, comprehensive analysis, definitions and classifications, applications, and expert opinions.
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On July 23, 2018 the Court of Appeal for Newfoundland and Labrador in the case of Community Mental Health Initiative Inc. v. Summit Lounge Ltd. 2018 NLCA 42 upheld summary judgment dismissing a purchaser’s claim against two engineering companies (consultants) alleging negligence in the conduct of a Phase 1 Environmental Site Assessment performed for the vendor. The agreement between the consultants and the vendor and the final report both indicated that the assessment was prepared solely for the benefit of the vendor and that the consultants accepted no responsibility for any damages suffered by any third party. Significantly, the plaintiff-purchaser had knowledge of the disclaimer, having been provided with a copy of the final report by its real estate agent prior to the closing of the transaction. The Court of Appeal referred to the Supreme Court of Canada’s decision in Edgeworth Construction ltd. v. N.D. Lea & Associates Ltd.  3.S.C.R. 206 as well as decisions from appeal courts in Ontario Wolverine Tube (Canada) Inc. (1995) , 26 O.R. (3d) 577 and B.C., Kokanee Mortgage M.I.C. Ltd. 2018 BCCA 151 and summarized the legal principles as follows: (at par. 23) “… an express disclaimer of liability can be an effective bar against a claim by a third party who relied on work in the knowledge of the disclaimer. Permitting third parties to rely on reports which are expressly protected by a disclaimer would undermine the ability of contracting commercial parties to govern their own affairs.”
IMPLICATIONS FOR REAL ESTATE TRANSACTIONS AND ENVIRONMENTAL CONSULTANTS?
The long established principle of privity of contract i.e. that the rights and obligations in a contract apply only to the parties to the contract have been further tested by this decision. For engineering consultants, the decision highlights the importance of exacting express disclaimer clauses restricting responsibility for the reporting information to the party retaining them. For purchasers of real estate, it reinforces the necessity of obtaining indemnities from the vendor for undiscovered contamination or if that is not realistic, retaining an independent environmental consultant to verify any consulting reports given to them by the vendor.
This article was first published on the Fogler Rubinoff LLP website.
About the Author
Mr. Stanley Berger serves as the Partner at Fogler, Rubinoff LLP. Mr. Berger joined the law firm of Fogler Rubinoff on July 4, 2013. Before joining Fogler Rubinoff, he served for 14 years as Assistant General Counsel to Ontario Power Generation Inc (OPG). In that capacity he provided legal services on licensing, environmental assessment, regulatory compliance, liability, security, decommissioning and waste management to the Nuclear Division of OPG. Mr. Berger provided strategic legal advice and representation on aboriginal litigation and participated in First Nation settlement negotiations. Prior to joining OPG, he served as the Deputy Director of the Law Division for Prosecutions for the Ontario Ministry of Environment. In that capacity he managed the prosecution staff and helped shape prosecution policy.
ECO Canada recently issued an Environmental Job Market Trends Report that shows that the environmental job market rebounded in Canada last year with 22.7 thousand job ads, reflecting a 9% increase from 2016 levels. On the other hand, total job ads peaked in 2014 at 1.30 million, decreased to 1.07 million by 2016 (a drop of 18%) and slightly dipped in 2017 with 1.05 million job ads, reflecting a 2% decline.
The report states that Ontario, Alberta and British Columbia are the provinces that have consistently shown the most demand for environmental professionals between 2014 and 2017.
Managers in financial and business services had the highest job ad growth rate with close to 30%, from 1,090 job ads in 2016 to 1,410 in 2017. Agriculture/horticultural workers, technical inspectors/regulatory officers and engineers, with an environmental function attached to the roles, remained the most sought-after positions with 2,870, 3,020 and 2,110 job ads in 2017 respectively.
ECO Canada develops programs that help individuals build meaningful environmental careers, provides employers with resources to find and keep the best environmental practitioners and informs educators and governments of employment trends to ensure the ongoing prosperity of Canada’s growing environmental sector.
By David Nguyen – Staff Writer
On June 13, 2018, The Canadian Brownfields Network (CBN) held their 8th annual conference, taking the form of a National Brownfield Summit. This year also marks the 15th anniversary of the 2003 National Roundtable on the Environment and the Economy report, and the cornerstone of this year’s summit was to revisit the original report and reflect on the progress since then, as well as the challenges that still need to be addressed.
After an introduction by president Grant Walsom, the conference began with the keynote speaker Marlene Coffey, Executive Director of the Ontario Non-Profit Housing Association, who spoke about previous examples of the developments on Brownfields, including housing developed on a Goodyear Tires site, or the Vancouver Olympic village or Toronto Pan American housing facilities.
She spoke of Toronto’s current housing crisis and how costs have outpaced income for many renters due to the market response to the economic growth in the Greater Toronto Area, as well as Hamilton and Waterloo. She also spoke about how condominium development is preferred due to the pre-selling and reselling markets providing profit and equity for the developer before and during construction. Contrast that to rental housing, where developers of must put up front all costs of development before any profits.
The city of Toronto’s plan to address these concerns include building 69 000 affordable rental units within 10 years, extending the life of 260 000 units, as well as income support for 311 000 households. In addition, the federal government launched the National Housing Strategy in 2017, with $40 billion over 10 years to support affordable housing initiatives across Canada. Coffey reports that municipality participation is key to obtaining funding for affordable housing, and a role that can be played is to donate available land for development.
A series of professional presentations followed, discussing various emerging investigation and remediation techniques. These included Dr. Barbara A. Zeeb discussing the use of phytotechnologies to remediate brownfield sites. She compared the traditional method of soil excavation, transport, and disposal to phytoextraction – the use of plants to remove the contaminant while leaving the soil intact and reusable, such as using natural and native species to remove organics like DDT. Other benefits include its cost effectiveness and the uptake of greenhouse gasses, but technologies are site specific, and can take years to remediate fully – highlighting the role that phytoremediation can play alongside traditional remediation methods.
A legal update with lawyer John Georgakopoulos provided an overview of legal cases currently before the courts, with implications for the brownfield development. His presentation compared cases of regulatory liability to civil liability and about managing environmental liabilities through exercising due diligence. He noted, however, that due diligence plays a bigger role in regulatory liability and a smaller role in civil liability, and he encouraged environmental liability protections like environmental insurance and regulatory liability protection.
A cross-country checkup with panelists from across Canada discussed the changing landscape for excess soils. Speakers include Krista Barfoot (of Jacobs Engineering Group) speaking about Ontario’s proposed guidelines on excess soils, such as the emphasis on the use of excess soil management plans and addressing issues such as situations where there is no beneficial reuse site. Lisa Fairweather spoke about the Alberta’s Remediation Certificate and its impacts on reducing barriers to brownfields development; and Kerri Skelly spoke about British Columbia’s new excess soil regulations and its goals of clarifying rules for businesses moving soil and increasing the opportunity for soil reuse.
Before breaking up into working groups, the final presentations reviewed the current state of brownfield development in Canada. Angus Ross, who chaired the original task force, discussed how the National Strategy succeeded in addressing liability issues, financial funding, and building public awareness of brownfields. A major recommendation was the formation of a national brownfield network, which led to the CBN.
Following was a presentation by a Ryerson student planning studio group compared brownfield policies of each province, based on criteria such as clear policies, an accessible brownfield site inventory, and incentives for development. Ontario, Quebec, and British Columbia were considered to be very progressive in their policies towards brownfield development, but improvements could still be made across Canada in terms of standardizing rules and policies and producing developer friendly guidelines for site remediation. Then PhD student Reanne Ridsdale talked about the results of the CBN/Ryerson survey of the brownfield community’s view of progress in the last 15 years. Respondents indicated that the CBN is too eastern focused on central and eastern Canada, with little presence in the Prairies, as well as being too research-focussed and not conducting enough outreach.
Charting the Future
The day was capped off with breakout discussion groups to discuss “challenge questions” and allow attendees to contribute ideas to future CBN activities to advance brownfield developments. Challenge question topics included the roles of the federal, provincial, and municipal governments, the development of a brownfield inventory, innovations in brownfield developments, and the societal impacts of brownfield development on communities. One of the key discussion points was for the CBN to promote a “Put Brownfields First” mentality, particularly within governments. This includes developing a financing model/regime for governments to support brownfield developments, particularly in smaller municipalities, as well as to harmonize rules and guidelines for brownfield development. In addition, the CBN should facilitate the education of brownfields to local communities and involve land owners and developers in the process of implementing brownfield policies.
The National Brownfield Summit provided an amazing opportunity for members and attendees to provide input towards the goals of the CBN. More information about the Canadian Brownfields Network can be found at https://canadianbrownfieldsnetwork.ca/ including the summit program and information about the presenters.
As reported by Don Proctor in The Daily Commercial News, the federal government has an important role to play in supporting brownfield development, suggests a recent report authored by third-year undergraduate Ryerson University students working on behalf of the Canadian Brownfields Network (CBN).
“There is a sense among industry professionals and academics that the industry as a whole has not progressed as much as it should,” said one of the students, David Sturgeon, at the CBN’s annual conference held recently at the downtown Toronto university campus.
The students conducted a broad snapshot of federal brownfield programs, highlighting cleanup and best practices.
Sturgeon said the student team organized a three-tier rating scoresheet for each province’s progress on brownfields. B.C., Ontario and Quebec got the highest marks. Quebec is a leader because of its incentives-based cleanup programs. One initiative offers 70 per cent funding for onsite remediation work.
Quebec also has an accessible and up-to-date brownfield site inventory, which is a step ahead of other provinces, Sturgeon told delegates.
While the country’s three most populous provinces scored high, the students ranked Alberta lower down, closer to the middle tier.
“It (the Alberta government) has made quite a bit of progress towards cleanup in the last couple of decades,” Sturgeon said. “But where they struggle is helping developers to act sooner than later on idle or vacant contaminated sites.”
The student team was led by Chris De Sousa, the vice-president of the CBN and a professor at the School of Urban and Regional Planning at Ryerson University. De Sousa said the study compiled extensive information on brownfields from federal, provincial and territorial governments. Also reviewed were provincial stakeholder groups and comparisons were made with the U.S. and the United Kingdom.
Reanne Ridsdale, a Ryerson PhD student, conducted research into actual practice versus the objectives outlined in the National Round Table on the Environment and the Economy (NRTEE), founded in the late 1980s. For a survey of about 6,500 brownfield remediated sites across Canada, Ridsdale polled 80 participants, including environmental consultants, government officials, several lawyers and financiers.
Eighty-five per cent of those polled said brownfields were a medium to high priority in their organization.
She said 59 of the 80 respondents indicated Canada would benefit from a national fund for brownfield redevelopment. The top three developmental barriers indicated by respondents deal with remediation costs and lack of information available on site conditions, Ridsdale said.
The survey also supported the CBN as a national organization but some respondents were negative because the CBN does not receive federal funding so its scope is limited.
“We are a little bit eastern-centric,” which is probably because of the lack of funding, Ridsdale told delegates, adding the survey results will be published as part of a white paper this summer.
Angus Ross, chairman of L and A Concepts, chaired two government task forces on brownfields, including one that created the National Brownfield Redevelopment Strategy for Canada in 2003. The findings were not the last word on brownfields “but they did a tremendous job in kickstarting the entire brownfield file in Canada,” he said.
Ross, who was appointed by the federal government in 1996 to head the NRTEE and in 2004 to chair the CBN’s advisory panel, said brownfields became “a household word” in the early 2000s through media reports on the NRTEE.
“We got very immediate provincial and municipal buy-in,” he told delegates at the conference.
Analytical Research Cognizance recently issued a report on the Global Emergency Spill Response Market. The report focuses on detailed segmentations of the market, combined with the qualitative and quantitative analysis of each and every aspect of the classification based on type, spill material, spill environment, vertical, and geography.
The report provides a very detailed analysis of the market based on type, the emergency spill response market has been classified into products and services. The products include booms, skimmers, dispersants and dispersant products, in-situ burning products, sorbents, transfer products, radio communication products, and vacuum products.
The report has a services section that provides a forecast on the future growth of the services sector. The services segment has been classified into product rental services, waste management services, manpower training services, transportation and disposal services, spill response drill and exercise services, tracking and surveillance services, risk assessments and analysis services, and other services.
Scope of the Report:
This report studies the Emergency Spill Response market status and outlook of global and major regions, from angles of players, countries, product types and end industries; this report analyzes the top players in global market, and splits the Emergency Spill Response market by product type and applications/end industries.
The market is expected to have significant growth in the coming years owing to stringent environmental regulations across the world to reduce the environmental pollution from spills.
Skimmers held the largest market size, in terms of product, primarily due to the increased demand for mechanical recovery methods for spill recovery. Unlike other methods, the mechanical recovery methods remove the spill material from the spill environment. Thus, skimmers are more effective in mitigating the environmental impact of the spills.
The global Emergency Spill Response market is valued at 2,530 million USD in 2017 and is expected to reach 3,410 million USD by the end of 2023, growing at a CAGR of 5.1% between 2017 and 2023.
The Asia-Pacific will occupy for more market share in following years, especially in China, fast growing India, and Southeast Asia regions.
North America, especially The United States, will still play an important role which cannot be ignored. Any changes from the United States might affect the development trend of Emergency Spill Response.