|A roundup of important new legislation, regulations, government announcements and court cases that we covered in the Environmental Compliance Insider in 2012.
[box]Newfoundland & Labrador[/box]
LAW OF THE YEAR
In May, new pesticide regulations took effect, barring the use of five pesticides on lawns. To help residents, commercial properties, government buildings and institutions such as schools and hospitals comply, the government released a bulletin on the new regulations.
OTHER NOTABLE REGULATORY CHANGES
In June, the government proposed amendments to the Aquaculture Act. Highlights:
CASE OF THE YEAR
Delay in Retrieving Nets by Closing Date Was Reasonable Given Bad Weather
The government broadcast the closing date (June 8) for the turbot gillnet fishery over Coast Guard radio. A fisherman learned of this date on June 6. He set his nets on June 7. But because of bad weather, he wasn’t able to retrieve them and offload the turbot caught until June 10. He was charged with fishing during a closed season. The court explained that due diligence doesn’t require risking “life and limb” to comply with the law. The fisherman’s safety concerns delayed retrieval of the nets by the closing date, but these concerns were legitimate and reasonable given the weather. So the court concluded that he’d exercised due diligence [R. v. Saulter,  CanLII 77634 (NL PC), Dec. 6, 2011].
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