Expropriation in the news: The private projects edition

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This sampling of stories covered by the media in 2014 provides an overview of expropriations undertaken for the benefit of private companies in Ontario. It describes the taking of land for a private transmission line, residential and commercial real estate developments, industrial parks, and an auto plant. Continue reading

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Expropriation in Canada: Discretion Masquerading as Law

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Although expropriation is one of the most extreme uses of government power, Canadian governments have almost complete discretion over when they resort to it. Governments often justify this violation of their citizens’ property rights as being necessary to carry out public purposes. But expropriations that serve private interests, and those that are unnecessary, have become commonplace. Citizens have little recourse against arbitrary, unfair, and unjustified expropriations. This study by Elizabeth Brubaker provides an overview of federal and provincial expropriation laws. It examines the forums that give landowners only an illusion of meaningful participation in the expropriation process. It looks at a number of disputed expropriations, and at how the courts have grappled with them. And it suggests reforms to better balance the needs of governments with the rights of landowners. Continue reading

Ontario’s drinking water report: Great news, or a sober warning?

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Ontario’s Chief Drinking Water Inspector boasts, “Our strong and consistent performance is great news.” But 35 percent of Ontario’s municipal systems failed at least one water quality test in the last year. Forty percent failed to obtain perfect facility inspection ratings. And 58 percent experienced “adverse water quality incidents.” Such results suggest that Ontario’s municipal systems need work, not praise. Continue reading

Water Quality Trading in Ontario

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This paper, by Richard McNeil, explores Water Quality Trading (WQT) as a complement to the traditional regulatory approach to reducing water pollution. It examines the theory behind WQT, reviews common practices where trading has been introduced, and identifies principles for effective programs. It presents two Ontario case studies: the South Nation River watershed, where WQT has been a success, and the Lake Simcoe watershed, where WQT is currently being considered. Continue reading

EBI updates Citizens Guide

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EBI has updated a key section of its Citizens Guide to Environmental Investigation and Private Prosecution. The online guide now includes the latest provincial and federal objectives, guidelines, and standards for water quality, sediment quality, and soil quality. Continue reading

Pricing missing from Ontario water strategy

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In its new Water Sector Strategy, Ontario aims to promote public-private partnerships for water infrastructure, encourage alternative financing models, nurture the water technology sector, and increase water conservation. But the Strategy is missing a key piece of the puzzle: full-cost pricing. Continue reading

Minister Bradley take note: We can’t be complacent

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West Elgin’s mayor warned against complacency after discovering incompetence and deceit in his municipality’s water distribution system. Ontario’s environment minister should heed the mayor’s warning. Continue reading

Echoes of Walkerton: West Elgin water improperly treated, records falsified, operator jailed

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An Ontario court has fined the Municipality of West Elgin and three of its water distribution system operators a total of $193,125 for failing to maintain and document adequate chlorine levels in drinking water. The court has also sentenced the lead operator to 30 days in jail. Continue reading

Ontario’s drinking water: Should you really be confident?

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In his latest report, Ontario’s Chief Drinking Water Inspector urges readers to have confidence in the quality of their drinking water. But such confidence may be unwarranted. More than a third of Ontario’s municipal systems failed at least one water quality test in the last year. More than a third failed to obtain perfect facility inspection ratings. And almost 60 percent experienced “adverse water quality incidents.” Continue reading

Holding Frackers Accountable for Groundwater Pollution: An Analysis of Canada’s Liability Regimes for Hydraulic Fracturing

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This paper, by Adam Shedletzky, focuses on the legal provisions governing groundwater pollution due to fracking for shale gas. It examines the liability regimes (statutory and common-law) in Ontario, British Columbia, and Alberta. It concludes with recommendations for strengthening the regulatory regime to enhance frackers’ incentives to take care and to ensure that those who are adversely affected by fracking can be “made whole.” Continue reading

Shale Gas in Canada: An Overview

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In this overview of shale gas in Canada, Manish Oza addresses basic questions about the location and volume of the resource, the environmental concerns associated with its extraction, and the regulatory regimes governing the industry. The paper is intended not to provide the last word on these issues but to help inform the still-early stages of the public policy discussion across the country. Continue reading

Drinking water: no place for complacency

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In Safe Drinking Water Policy for Canada, Steve Hrudey warns against complacency among the operators and regulators of water systems. He argues for an approach to water safety that involves “ongoing critical self-examination” — a far cry from the approach here in Ontario. Continue reading

Profit in parks, not lumber

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RECREATIONAL use of Ontario’s forests has the potential to bring far greater riches to the provincial econ­omy than logging, a new study com­missioned by the province suggests.

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The Unrecognized Recreation Value of Wilderness: Defining the Future Recreation Needs of Ontarians

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Defining the future demand for wilderness recreation means defining demand – identifying the Ontarians that value Ontario’s wilderness, and the value they place on it – and defining supply – identifying the amount of wilderness available, its accessibility and its value for recreation.

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