Environmental professionals from all regions of Canada, as well as a number of U.S. attendees, gathered for three days of education, networking and environmental updates at the 2024 CANECT Environmental Compliance and Due Diligence Training Event.
Held on April 23 – 25 in Vaughan, Ontario, this year’s conference welcomed over 300 guests, including 60 expert speakers who presented eight courses that covered a wide range of environmental compliance topics that are important to organizations operating in Canada.
New for 2024 was CANECT’s partnership with the Toronto and Region Conservation Authority’s Professional Access Into Employment (PAIE) program. Four volunteers assisted the event team, and had the opportunity to attend the courses and network with exhibitors, speakers and attendees.
The PAIE volunteers generously provided summaries of the courses that they participated in, as well as key takeaways. Read on to see what was covered at CANECT 2024.
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Environmental Regulation and Compliance 2024
Chaired by Bennett Jones LLP
This course, facilitated by very experienced lawyers and expert consultants, provided valuable insights into environmental regulations in Ontario. Key takeaways included understanding legal definitions of waste, spills, exceedances, etc., and recognizing exemptions for agricultural and recycling waste. The dynamic nature of regulations necessitates vigilance and referencing the latest versions for compliance.
Examples of enforcement actions highlighted potential liabilities for companies, directors, and professionals. Managing environmental liability emphasized due diligence – reasonable steps taken to avoid foreseeable incidents, reasonable care, and thorough documentation of compliance measures. In case of incidents, prior planning, evidence gathering, and legal counsel early on are crucial for effective management and minimizing litigation risks.
Anaerobic Digestion: Compliance and Optimization
Chaired by Azura Associates
This all-new course shed light on the beneficial use of municipal and agricultural waste materials through anaerobic digestion (AD) technology. Led by David Ellis and the Azura team, the interactive sessions highlighted key factors for successful AD operations, such as feedstock quality and quantity, community involvement, and energy output goals.
CANECT volunteers found the presentation on the introduction to carbon offset and credit pricing by Kevin Poirier, with SCV Consulting Ltd., to be intriguing. It enhanced their understanding of voluntary and regulatory frameworks, including terminology like carbon intensity (CI) and related reduction targets (12% by 2030 relative to 2016 levels) which were previously unfamiliar.
Attendees gained valuable insights into decision-making processes and available resources such as the risk analysis checklist for biogas projects and the biogas toolkit provided by the US EPA.
Driving Environmental Performance in a Complex World
Chaired by Stantec Consulting
This course, chaired by Randy Sinukoff with Stantec Consulting, featured seven speakers from diverse backgrounds who presented on a wide range of topics. In general, attendees saw how the evaluation of environmental performance plays a crucial role in evaluating the impact of companies on the environment.
One of the representative themes of the course was the circular economy: a path towards net zero operations.
The way economies extract, use and then dispose of resources is putting pressure on natural systems, society and public health.
In the presentation, speakers explained how in this type of economy nothing is wasted. On the contrary, the greatest possible value of resources is retained and recovered through technical cycles such as recycling, refurbishing/remanufacturing, reuse/redistribution and maintenance.
The 2022 “Canada’s Net Zero Industrial Strategy” report from Canadian Manufacturers & Exporters was generally discussed, with case studies of companies that make efficient and responsible use of resources and assets. It was noted that Canadian manufacturers understand the need to transition to a net zero future.
Presentations also discussed the implementation of ISO for the circular economy and its eight pillars, including circular design and resource management, circular purchasing, extending the life cycle, responsible use, reverse logistics, industrial symbols, new life of products and functional approach.
In general, this course discussed the commitment of Canadian companies who are demonstrating leadership in environmental performance and in the circular economy through the development of innovative programs and policies.
Environmental Issues: Air Quality, Climate Change, and Decarbonization
Chaired by RWDI and Willms & Shier Environmental Lawyers LLP
This course brought a diverse set of speakers together for a comprehensive overview of air and noise quality regulations and reporting as well as climate change and decarbonization strategies. Attendees heard about environmental issues from different angles and perspectives: from environmental lawyers to sustainability consultants and professionals, from suppliers to regional governments, each bringing an important piece to the complex and fascinating environmental mosaic.
The first half of the course focused on regulations and compliance, liability management, reporting and testing, with speakers from RWDI, Willms & Shier Environmental Lawyers LLP and Parkland Mechanical Acoustics.
In the afternoon, attendees learned about legal updates relating to climate change and building resiliency, as well as greenhouse gas reporting and reduction strategies, and pathways to decarbonization and sustainability. The final presentation before the panel discussion was a case study from Ash Grove Cement, which sparked a lot of interest and discussion.
Volunteers who attended the course said a key take–away was the growing demand for environmental, social and governance (ESG) information and performance by many stakeholders.
There is unprecedented and increasing pressure on companies from investors and stakeholders to publish sustainability reports, and companies are putting much of their information in public spaces. Balancing short-term growth with long-term sustainability goals remains a complex challenge.
It’s becoming more and more crucial to establish a mechanism for continuous assessment and improvement of the reporting process, adapting to new insights, stakeholder feedback, and evolving best practices. Sustainability reports could quickly become the lens through which regulators and the public look at institutions, organizations and businesses.
Ontario’s New Excess Soils Regulations and Contaminated Sites
Chaired by WeirFoulds LLP
This course provided an overview of O. Regulation 406/19 and its recent revisions, highlighting the dynamic nature of excess soil regulations in Ontario. Discussions on PFAS contamination and soil remediation strategies offered valuable insights into emerging environmental challenges and regulatory responses. Volunteers learned about the two-year limitation period for commencing prosecutions related to excess soil regulations and the importance of consultant liability management through comprehensive due diligence and documentation practices.
The core subject of this course, Ontario Regulation 406/19, underwent a revision on April 23, 2024, which was the day before the course took place. This highlighted the dynamic nature of excess soil management regulations in Ontario. Drawing from the practical experiences of presenters, including legal practitioners, MECP environmental policy experts, municipalities, and consulting firms, attendees gained valuable insights.
The course also covered PFAS contamination, its regulatory treatment as a group of compounds, major sources of contamination, and primary exposure pathways, notably in drinking water. Soil washing emerged as a potential remediation method for managing PFAS and other soil contaminants.
The refresher component on excess soil and contaminated sites liability provided eye-opening insights. Discussions covered various aspects including regulatory liability, common law, limitation periods, and consultant exposure. Noteworthy points included likely routes to contamination discovery, financing requirements, property transactions, and complaints.
Additionally, attendees learned that the limitation period for commencing prosecutions for offenses related to excess soil regulations is two years from the date an issue is known. Other topics such as the Beneficial Reuse Assessment Tool (BRAT) and consultant liability underscored the importance of internal procedures, documentation, and training programs to ensure compliance and mitigate risks. It was evident that comprehensive preparation and organization are essential for consultants to fulfill their duty of care and provide sound advice to clients.
Water & Wastewater Regulation and Compliance 2024
Chaired by Blue Heron Environmental
The course, characterized by its interactive nature, guided participants through a comprehensive case study designed to outline the regulatory framework surrounding common water and wastewater challenges. Throughout the session, attendees encountered professional insights into industry definitions, legal regulations, and regulatory bodies. Practical advice on handling real-life scenarios, including when and how to report pollution incidents and the corresponding penalties, was also shared.
Of particular significance at this year’s conference was the emphasis on the escalating trend of environmental enforcement in Canada, marked by unprecedented fines and penalties for violations. The integration of a captivating and interactive case study further deepened attendees’ understanding, offering valuable lessons in identifying, managing, and mitigating water-related environmental compliance issues.
Important points that stood out to volunteers in this course included:
- The complexity of water regulation across all levels.
- Clarification of jurisdictional responsibilities among federal, provincial, and municipal authorities.
- A detailed overview of permit requirements, encompassing design, monitoring, limits, activities, and reporting.
- Official identification of spill types.
- The federal Fisheries Act, which was particularly enlightening for those new to Canada.
- The role of environmental officers and the Investigations and Enforcement Branch.
- Abatement and enforcement in the Canadian context.
The Evolving Landscape of Extended Producer Responsibility
Chaired by RWDI
Extended producer responsibility (EPR) has undergone rapid changes in Canada during the last few years. This all-new CANECT course brought together regulators — Ontario’s Resource Productivity and Recovery Authority; the producer responsibility organization (PRO) Ryse Solutions; Jennifer Cazabon, a regulatory affairs expert who has worked with large consumer goods producers; expert consultants Melissa Annett and George Jaikaran with RWDI; and Sarah Gilbert, with Bennett Jones LLP, who presented and answered questions from an audience that included, among others: brand owners, consultants, manufacturers, municipalities, and waste management companies.
Hot topics that were discussed included the impact to producers and municipalities; how EPR programs tie into corporate initiatives and which programs are relevant to your organization; what is happening in other jurisdictions, especially the U.S.; how compliance and enforcement will be handled in Ontario; and what the future of EPR has in store for brand owners, distributors, and retailers.
There was plenty of discussion about where EPR is heading and lots of ideas for new presentation topics for a future course at CANECT, so stay tuned!
Dealing with Environmental Emergencies and Spills
Chaired by WeirFoulds LLP
The session on environmental emergencies and spills covered a range of important topics. The presentation introduced the Ontario Provincial Climate Change Impact Assessment – Technical Report, emphasizing the need to understand climate risk evaluation and integrate projected scenarios into management policies. Simple risk assessment models, such as R = P x C (Risk = Probability x Consequence), were discussed. The challenge of sourcing reliable climate data and selecting appropriate models was noted.
Legislation on spills, reporting procedures, cleanup responsibilities, and the role of the MECP’s Spills Action Centre (SAC) were outlined, with speakers from the SAC joining us to present on their organization’s role and how industry can connect with them. The CANUTEC – 2020 Emergency Response Guidebook was recommended as a valuable resource that should be consulted.
The critical role of legal counsel to support and guide the response to environmental emergencies was emphasized. The importance of thorough documentation and the management of sensitive information through approved and trusted channels was noted. Planning for environmental emergencies, including considerations for appropriate response, business continuity and recovery, was highlighted, with an emphasis on integrated response plans and clear leadership roles.
The Transport Canada approach for developing environmental plans was recommended, emphasizing hazard identification, response strategies, and periodic review to address gaps. Effective training methods, such as role-playing and game-playing, were found to be most effective, and teaching others was shown to be one of the best options for knowledge retention. Overall, the session underscored the importance of clear communication and leadership during emergencies, ensuring all stakeholders are aware of their roles and responsibilities.
