Take back the environment!

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In the last year, we have witnessed an unprecedented roll-back of environmental regulation across Canada. Federal and provincial governments alike have reduced their oversight of polluting industries and weakened citizens’ rights to protect themselves and their environment. The systematic weakening of environmental regulation has created a vacuum that needs to be filled. But we don’t simply need new regulations. We need a better process – one that returns environmental protection to affected citizens. Continue reading

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Can public utilities be accountable?

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Manitoba regulators have charged Winnipeg for polluting the Red River and for failing to report the pollution. In explaining the decision to prosecute, the province cited the need for accountability. But if the city can pass fines along to taxpayers or water customers, is it really accountable for its errors? Continue reading

Private insurance reduces environmental accidents

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The current edition of Regulation magazine has an interesting article about the role of legal liability in protecting the environment. The authors document the decline in leaks from underground fuel tanks when gas stations are required to carry private clean-up and liability insurance. The price structure for such insurance, they explain, “gives tank owners economic incentives to invest in equipment that reduces the chance of accidental fuel tank leaks.” 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

Debunking the myth of public-sector accountability

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Those who advocate purely public water and sewage utilities warn that private financing and operation impede transparency, diminish accountability, and undermine government regulation. They have it backwards: Public utilities have repeatedly shown themselves to be un-transparent and un-accountable. Continue reading

Water regulator calls for greater transparency and accountability

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Concerned about fairness and transparency, Manitoba’s Public Utilities Board is recommending that it regulate the rates charged by Winnipeg’s water and sewer utilities. Continue reading

Environmental assessments don’t protect the environment: Bruce Pardy

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Last week, as most environmentalists bemoaned the federal government’s decision to streamline environmental assessments, one expert shed no tears. Bruce Pardy, professor of environmental law at Queen’s University and member of Ontario’s Environmental Review Tribunal, told CBC Radio that “environmental assessment is not a great way to protect the environment.” Continue reading

Trew or False? Do trade agreements threaten our water systems?

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Council of Canadians campaigner Stuart Trew is warning that a free trade agreement between Canada and Europe would threaten Canada’s municipal water systems. The proposed Comprehensive Economic and Trade Agreement, he claims, would lock in bad deals with private water service providers and lock out regulatory improvements. Mr. Trew’s claims are false. Continue reading