2003/2004 Edition

It is my pleasure to be the Editor and Chair of this “double issue” edition of Legal Emissions, covering the years 2003 and 2004.

I appreciate the hard work and dedication of our Production Committee in producing this double issue. A special thanks is due to all of our contributors
for once again providing Legal Emissions with such high-quality writing.

In This Issue

Articles

Lawyers from the Ministry of the Environment’s Legal Services Branch have contributed several interesting articles to this issue.

Paul McCulloch and Karen Beattie have written an article entitled “The Regulation of Drinking Water in Ontario under the SDWA” examining the provisions of the Safe Drinking Water Act proclaimed into force since the Act was enacted in 2002. The article summarizes sections of the Act and its regulations now in force and describes how and to whom this legislation applies.

Melissa McDonald discusses the Divisional Court’s decision in Inco Ltd. v. The Director, Ministry of the Environment. This case addressed a Director’s authority under s.53 of the Ontario Water Resources Act (“OWRA”) and O. Reg. 560/94 (“Effluent Monitoring and Effluent Limits - Metal Mining Sector”). The particular issue before the Divisional Court was whether the broad discretion conferred on Directors under s.53 of the OWRA permits them to set more stringent effluent limits than the regulation provides for.

Laura Denison reviews the 16th annual “Environmental Lawyers in Government Conference”, which our Legal Services Branch hosted from September 19-22, 2004. The conference enabled over eighty participants from across Canada to discuss a wide range of topics relevant to environmental lawyers working in government.

Shannon Deleskie’s article summarizes the Nutrient Management Act, 2002. Her article provides an overview of the history and rationale behind the creation of this Act. The article also discusses the application and the
regulatory requirements contained in O. Reg. 267/03, made under the Act.

Regular Features

In the Regular Features section, you will find the following:

“What’s New in Regulatory Liability” - Fran Carnerie examines the recent development of the tort of abuse of public authority in “The Ongoing Evolution of the Tort of ‘Abuse of Public Authority’”. The piece analyzes the Supreme Court of Canada’s decision in Odhavji Estate v. Woodhouse and explains how the decision has clarified the application of this tort.

“In the Courts” - a summary of the dispositions for all prosecutions involving the MOE Legal Services Branch during 2003-2004.

“Into the Boards” - a review of the cases before the Environmental Review Tribunal where the Ministry was a party to the proceedings during 2003-2004.

“Regulations Update” - a list of environmental regulations Gazetted in 2003 and 2004.

Shop Talk

The Shop Talk section contains useful information about our Branch.

I trust that you will find this issue both useful and informative.

Peter Poly
Editor and Chair, Production Committee