A PDF version of this newsletter is found on the Canadian Environmental Law Archive website; click here to open it in a new tab.
Everything Old is New Again
Well, maybe not ‘everything’ old is new again – but two old items are being renewed and we’re excited to share them with you!
The first you may have noticed when you opened this email – we’re bringing back the Intervenor!
Though the CELA newsletter was first launched in 1976, it was branded as the Intervenor in 1986. The transition to the “Bulletin” took place around the time the newsletter became an email-only publication in the early 2000’s.
We are returning to the original name that is well-suited to CELA’s work to intervene alongside and on behalf of underserved and underrepresented individuals and communities.
The second is the launch of a brand new website and database for the Canadian Environmental Law Archive. Featuring curated collections and publications accessible to the public, the Archive is a cornerstone project of the Canadian Environmental Law Foundation, which maintains digital and physical collections documenting the history of environmental protection across the country.
We welcome feedback and stories from anyone who makes use of the Archive, which can be emailed to us at info@cela.ca
Case Updates
CELA Disappointed in Province's Decision on Pickering Nuclear Plant
CELA is disappointed in the decision released this week by the Ontario Minister of Energy, directing Ontario Power Generation to proceed to seek a license to refurbish the Pickering Nuclear Generating Station.
CELA has participated for many years in licensing matters related to the Pickering site. In particular, CELA has undertaken in depth analysis of emergency planning readiness and has expressed very high concern for the protection of the surrounding communities in the event of a severe offsite nuclear accident. Read the full media release here.
Controversial Asphalt Plant in Napanee Proceeds
Keep Napanee Great (KNG), a non-profit residents advocacy group, has been represented by CELA in two matters:
a re-zoning appeal at the Ontario Land Tribunal (OLT) with respect to a proposed permanent hot mix asphalt plant and concrete batching plant in Napanee
a leave to appeal application pursuant to the Environmental Bill of Rights (EBR) to challenge the Ministry’s decision to grant the proponent an Environmental Compliance Approval for air and noise for the proponent’s quarry and proposed hot mix asphalt plant
The OLT unfortunately denied our client’s request for leave to appeal under the EBR, and allowed the proponent’s rezoning appeal under the Planning Act. CELA will continue to assist our client to address potential concerns about local air pollution for people living near the site, which is located in an Urban Settlement Area in Napanee. Read more here.
Image courtesy of @Andrew Thomson via canva.com
CNSC's Unfortunate Decision Regarding Radioactive Waste Site
CELA issued a media release in early January, expressing disappointment at the Canadian Nuclear Safety Commission’s decision to accept a proposal to put radioactive waste in a mound adjacent to the Ottawa River near Chalk River, Ontario.
CELA has participated since the very first public notice of this proposal and has expressed concern over the likelihood that radioactive contaminants would eventually make their way into the surrounding wetlands and the nearby Ottawa River. CELA is extremely disappointed with this decision as an inappropriate outcome for the protection of the environment and human health, including the ecosystems and people who rely on the Ottawa River system.
Law Reform Updates
Strengthening Federal Impact Assessment
Alongside environmental organizations and academic institutions, CELA submitted a letter to the federal government outlining the types of amendments that would need to be made to the Impact Assessment Act to address the recent Supreme Court of Canada (SCC) ruling about the constitutionality of the Act.
CELA intervened in this important national environmental law test case; more information on the hearings can be found here. CELA lawyers Joseph Castrilli and Richard Lindgren wrote a blog in October of last year reviewing the SCC decision.
Adequate Temperature By-Law Needed for the City of Toronto
Continuing our work to address climate change impacts on vulnerable communities, CELA, alongside ACORN Canada, Advocacy Centre for the Elderly, Advocacy Centre for Tenants Ontario, Low-Income Energy Network, and Toronto Environmental Alliance, wrote in support of a motion urging the Toronto City Council to urgently pass an adequate temperature by-law to be implemented before this summer. Extreme indoor temperatures are a serious health risk to low-income tenants, and the City of Toronto must take immediate action to ensure that rental units can maintain an indoor temperature of no more than 26 degrees C.
Regulation of Lead Smelter Emissions
CELA recently submitted comments to the federal government in response to its proposal to repeal the Secondary Lead Smelter Release Regulations, SOR/91-155. The government should retain the existing regulations until new federal regulations can be established under the Canadian Environmental Protection Act, 1999 that update the regulation of secondary lead smelter emissions in Canada. Emissions from lead smelter facilities contribute to poor air quality, and vulnerable populations are particularly at risk from lead emissions.
Blog: Parliament Rejects Private Member's Bill that would have Expanded Federal Environmental Rights
CELA lawyer Joseph Castrilli writes about the defeat of a private member’s bill that would have enshrined recognition of a right to a healthy environment in most federal environmental legislation; Bill C-219 was defeated by a 5:1 margin in Parliament in the first week of December 2023.
Image courtesy of Zoé St-Pierre
From the Foundation
January's Feature
This month’s feature from the Canadian Environmental Law Archive is the first electronic issue of the Intervenor, featuring a 30th anniversary article by Alan Levy. Other articles cover CELA’s role at the Walkerton Inquiry, reflections on the province’s review of the Niagara Escarpment Plan, and the launch of the PollutionWatch website.
The Archive is a project of the Canadian Environmental Law Foundation.
Webinars & Resources
Ontario to Provide Free Heat Pumps to Eligible Low-Income Electricity Users
The Low-Income Energy Network (LIEN) celebrated the province of Ontario’s announcement of a significant and welcome expansion of the Save On Energy – Energy Affordability Program to now provide free cold climate air source heat pumps to eligible electricity users. LIEN encourages the Ontario government to expand the program to all income-eligible families regardless of what type of building they live in, and to low-income people relying on natural gas, propane, oil and wood. Read the media release here.
Great Lakes Freshwater Ecosystem Initiative
Environment and Climate Change Canada funding for Great Lakes projects is now available. More information on the Great Lakes Freshwater Ecosystem Initiative can be found on their website here; the deadline for applications is February 15th, 2024.
Report - Exploring Awareness of Impacts of Toxic Substances in the Great Lakes Basin: Voices from Underserved and Underrepresented Communities
CELA and Toxics Free Great Lakes Binational Network received funding from Environment and Climate Change Canada to explore approaches that work to reach underserved and underrepresented individuals and community members in the Great Lakes who disproportionately bear the negative impacts associated with toxic pollution
The primary finding from the project is the substantial value of listening to and learning from people in their communities. This lesson shaped the recommendations in the resulting report, which is available on CELA’s website. Moving forward, it is critical to pursue future actions in full partnership right from the beginning stages with individuals in these communities.
Image courtesy of @fotoguy22 via canva.com
Looking for a Publication?
CELA’s charitable arm, the Canadian Environmental Law Foundation, maintains digital and physical collections that document the history of environmental protection across the country.
The Foundation recently launched a new website for the Canadian Environmental Law Archives, allowing you to browse and search all of CELA’s publications and historical records, as well as those of government agencies, watchdog authorities, nonprofit organizations, lawyers, and many of the country’s most influential environmental advocates.
CELA also knows how fragile gains are and how easily they can be lost. One of the driving forces behind the creation of the Foundation and the Archive was a desire to protect and document the history of environmental law and environmental decision-making.
January 2024 Newsletter – Intervenor, Volume 48, Number 1
A PDF version of this newsletter is found on the Canadian Environmental Law Archive website; click here to open it in a new tab.
Everything Old is New Again
Well, maybe not ‘everything’ old is new again – but two old items are being renewed and we’re excited to share them with you!
The first you may have noticed when you opened this email – we’re bringing back the Intervenor!
Though the CELA newsletter was first launched in 1976, it was branded as the Intervenor in 1986. The transition to the “Bulletin” took place around the time the newsletter became an email-only publication in the early 2000’s.
We are returning to the original name that is well-suited to CELA’s work to intervene alongside and on behalf of underserved and underrepresented individuals and communities.
The second is the launch of a brand new website and database for the Canadian Environmental Law Archive. Featuring curated collections and publications accessible to the public, the Archive is a cornerstone project of the Canadian Environmental Law Foundation, which maintains digital and physical collections documenting the history of environmental protection across the country.
We welcome feedback and stories from anyone who makes use of the Archive, which can be emailed to us at info@cela.ca
Case Updates
CELA Disappointed in Province's Decision on Pickering Nuclear Plant
CELA is disappointed in the decision released this week by the Ontario Minister of Energy, directing Ontario Power Generation to proceed to seek a license to refurbish the Pickering Nuclear Generating Station.
CELA has participated for many years in licensing matters related to the Pickering site. In particular, CELA has undertaken in depth analysis of emergency planning readiness and has expressed very high concern for the protection of the surrounding communities in the event of a severe offsite nuclear accident. Read the full media release here.
Controversial Asphalt Plant in Napanee Proceeds
Keep Napanee Great (KNG), a non-profit residents advocacy group, has been represented by CELA in two matters:
The OLT unfortunately denied our client’s request for leave to appeal under the EBR, and allowed the proponent’s rezoning appeal under the Planning Act. CELA will continue to assist our client to address potential concerns about local air pollution for people living near the site, which is located in an Urban Settlement Area in Napanee. Read more here.
Image courtesy of @Andrew Thomson via canva.com
CNSC's Unfortunate Decision Regarding Radioactive Waste Site
CELA issued a media release in early January, expressing disappointment at the Canadian Nuclear Safety Commission’s decision to accept a proposal to put radioactive waste in a mound adjacent to the Ottawa River near Chalk River, Ontario.
CELA has participated since the very first public notice of this proposal and has expressed concern over the likelihood that radioactive contaminants would eventually make their way into the surrounding wetlands and the nearby Ottawa River. CELA is extremely disappointed with this decision as an inappropriate outcome for the protection of the environment and human health, including the ecosystems and people who rely on the Ottawa River system.
Law Reform Updates
Strengthening Federal Impact Assessment
Alongside environmental organizations and academic institutions, CELA submitted a letter to the federal government outlining the types of amendments that would need to be made to the Impact Assessment Act to address the recent Supreme Court of Canada (SCC) ruling about the constitutionality of the Act.
CELA intervened in this important national environmental law test case; more information on the hearings can be found here. CELA lawyers Joseph Castrilli and Richard Lindgren wrote a blog in October of last year reviewing the SCC decision.
Adequate Temperature By-Law Needed for the City of Toronto
Continuing our work to address climate change impacts on vulnerable communities, CELA, alongside ACORN Canada, Advocacy Centre for the Elderly, Advocacy Centre for Tenants Ontario, Low-Income Energy Network, and Toronto Environmental Alliance, wrote in support of a motion urging the Toronto City Council to urgently pass an adequate temperature by-law to be implemented before this summer. Extreme indoor temperatures are a serious health risk to low-income tenants, and the City of Toronto must take immediate action to ensure that rental units can maintain an indoor temperature of no more than 26 degrees C.
Regulation of Lead Smelter Emissions
CELA recently submitted comments to the federal government in response to its proposal to repeal the Secondary Lead Smelter Release Regulations, SOR/91-155. The government should retain the existing regulations until new federal regulations can be established under the Canadian Environmental Protection Act, 1999 that update the regulation of secondary lead smelter emissions in Canada. Emissions from lead smelter facilities contribute to poor air quality, and vulnerable populations are particularly at risk from lead emissions.
Blog: Parliament Rejects Private Member's Bill that would have Expanded Federal Environmental Rights
CELA lawyer Joseph Castrilli writes about the defeat of a private member’s bill that would have enshrined recognition of a right to a healthy environment in most federal environmental legislation; Bill C-219 was defeated by a 5:1 margin in Parliament in the first week of December 2023.
Image courtesy of Zoé St-Pierre
From the Foundation
January's Feature
This month’s feature from the Canadian Environmental Law Archive is the first electronic issue of the Intervenor, featuring a 30th anniversary article by Alan Levy. Other articles cover CELA’s role at the Walkerton Inquiry, reflections on the province’s review of the Niagara Escarpment Plan, and the launch of the PollutionWatch website.
The Archive is a project of the Canadian Environmental Law Foundation.
Webinars & Resources
Ontario to Provide Free Heat Pumps to Eligible Low-Income Electricity Users
The Low-Income Energy Network (LIEN) celebrated the province of Ontario’s announcement of a significant and welcome expansion of the Save On Energy – Energy Affordability Program to now provide free cold climate air source heat pumps to eligible electricity users. LIEN encourages the Ontario government to expand the program to all income-eligible families regardless of what type of building they live in, and to low-income people relying on natural gas, propane, oil and wood. Read the media release here.
Great Lakes Freshwater Ecosystem Initiative
Environment and Climate Change Canada funding for Great Lakes projects is now available. More information on the Great Lakes Freshwater Ecosystem Initiative can be found on their website here; the deadline for applications is February 15th, 2024.
Report - Exploring Awareness of Impacts of Toxic Substances in the Great Lakes Basin: Voices from Underserved and Underrepresented Communities
CELA and Toxics Free Great Lakes Binational Network received funding from Environment and Climate Change Canada to explore approaches that work to reach underserved and underrepresented individuals and community members in the Great Lakes who disproportionately bear the negative impacts associated with toxic pollution
The primary finding from the project is the substantial value of listening to and learning from people in their communities. This lesson shaped the recommendations in the resulting report, which is available on CELA’s website. Moving forward, it is critical to pursue future actions in full partnership right from the beginning stages with individuals in these communities.
Image courtesy of @fotoguy22 via canva.com
Looking for a Publication?
CELA’s charitable arm, the Canadian Environmental Law Foundation, maintains digital and physical collections that document the history of environmental protection across the country.
The Foundation recently launched a new website for the Canadian Environmental Law Archives, allowing you to browse and search all of CELA’s publications and historical records, as well as those of government agencies, watchdog authorities, nonprofit organizations, lawyers, and many of the country’s most influential environmental advocates.
CELA also knows how fragile gains are and how easily they can be lost. One of the driving forces behind the creation of the Foundation and the Archive was a desire to protect and document the history of environmental law and environmental decision-making.
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