by Peter Brady and Douglas Hamilton of McCarthy Tétrault
On October 6, 2006, the Ministry of the Environment ("MOE") released the much-anticipated draft regulations concerning the implementation of Environmental Penalties ("EPs"). Last year, in our seminars and publications concerning Bill 133, we predicted that the MOE’s proposed EPs would take the form of a corporate environmental tax – and we were right. In addition to the extensive draft EP regulations, the MOE released an interpretive guideline for the implementation of EPs. Furthermore, draft regulations relating to spill prevention and contingency plans and a further draft regulation relating in part to spills reporting have been posted (collectively the "Draft Regs"). This collection of regulatory prescriptions, schedules, appendices, policies – and yes, even mathematical formulae – more closely resemble the federal Income Tax Act than the professed environmental abatement tool. More Info...
