Environmental Compliance Insider Cumulative Index: Articles published from September 2006 to December 2010

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ABORIGINAL RIGHTS

  • “Test Your Environmental Law I.Q.: When Environmental Laws Collide with Aboriginal Rights,” 04/07, p. 11.

 

ACCIDENTS/INCIDENTS

  • “Around the Provinces: Public’s Right to Compel Government to Launch Environmental Investigations,” 05/10, p. 12.
  • “Dos & Don’ts: Determine Cause of Environmental Incidents,” 09/08, p. 12.
  • “Dos & Don’ts: Do Take Your Own Photos, Measurements, Etc. of Incident Scene,” 10/10, p. 14.
  • “Due Diligence: What Makes an Environmental Incident Foreseeable?” 08/08, p. 1.
  • “Environmental Emergencies: How to Create an E2 Plan,” 10/10, p. 1.
  • “Environmental Emergency Laws: What Must Your Company Do to Comply?” 04/08, p. 1.
  • “Environmental Incidents: Part 1: ‘Polluter Pays’ & Liability for Costs of Emergency Environmental Measures,” 04/09, p. 1.
  • “Environmental Incidents: Part 2: When Must Your Company Pay the Costs of Emergency Environmental Measures?” 05/09, p. 1.
  • “Internal Incident Investigations: Using ‘Privilege’ to Keep Sensitive Environmental Records Confidential,” 03/08, p. 1.
  • “Surviving EHS Investigations: What to Do When Environmental Officials Demand Your Incident Reports,” 05/10, p. 1.
  • “Winners & Losers: Is Government Action an ‘Inspection’ or an ‘Investigation’?” 12/10, p. 13.

 

BUSINESS CASE FOR EHS

  • “The Business of Compliance: Business Continuity Plans & Responses to Environmental Incidents,” 12/08, p. 1.
  • “Demonstrating the Link Between Environmental & Financial Performance,” 10/08, p. 1.
  • “How a Company’s Environmental Attitude Affects EHS Program Effectiveness,” 01/10, p. 1.
  • “How Executives View Environmental Risk Management,” 08/10, p. 14.
  • “How ‘Green’ Purchasing Helps the Company’s Bottom Line,” 01/08, p. 1.
  • “How Improving Environmental Management & Performance Increases a Company’s Stock Price,” 05/09, p. 1.
  • “How to Measure the ROI of EHS Programs,” 10/07, p. 5.
  • “How to Sustain ‘Sustainable Development’,” 11/06, p. 11.
  • “Proving that Solid Waste Management Can Save Your Company Millions Every Year,” 06/10, p. 13.
  • “Selling Management on ISO 14001 Certification,” 02/09, p. 1.
  • “Using Total Cost Assessment to Prove Value of Environmental Initiatives,” 11/10, p. 13.

C-45

  • “Before & After: C-45: Is the Company Guilty If a Manager Commits Criminal Negligence?” 05/07, p. 12.
  • “When Does an Environmental Violation Become a Crime? C-45 and the Risk of Criminal Liability,” 11/06, p. 1.
  • “When Does an Environmental Violation Become a Crime? Part 2, Convicting a Corporation under C-45,” 12/06, p. 1.

 

COMPLIANCE

  • “Brief Your CEO: A Good Track Record Doesn’t Prove Environmental Compliance,” 06/08, p. 11.
  • “Brief Your CEO: Why You Can’t Delegate Compliance with Environmental Laws to Your Workers,” 06/09, p. 11.
  • “Compliance 101: Must Canadian Companies Comply with Foreign Environmental Laws?” 01/09, p. 1.
  • “Compliance 101: Reporting Your Company’s Release of Pollutants for the National Database,” 11/07, p. 1.
  • “Corporate Compliance: What to Say about Your Company’s Climate Change Efforts in Corporate Disclosure Documents,” 03/09, p. 1.
  • “Corporate Compliance: Your Company’s Duty to Disclose Environmental Liabilities, Part 1,” 07/08, p. 1.
  • “Corporate Compliance: Your Company’s Duty to Disclose Environmental Liabilities, Part 2,” 08/08, p. 1.
  • “Documenting Compliance: Disclosing Internal Environmental Records to Environmental Experts Without Waiving ‘Privilege’,” 05/08, p. 1.
  • “Dos & Don’ts: Don’t Delegate Compliance to Your Workers,” 11/07, p. 12.
  • “Environmental Audits: Why You Should Conduct an Environmental Audit—and How to Do It,” 12/09, p. 1.
  • “Environmental Codes of Practice: What Are They & Must You Comply with Them?” 04/10, p. 1.
  • “Environmental Emergency Laws: What Must Your Company Do to Comply?” 04/08, p. 1.

CONSULTANTS

  • “Environmental Consultants: How to Prevent Liability Risks to Your Company,” 11/09, p. 1.
  • “Winners & Losers: Is an Environmental Consultant Liable for Giving Legally Unsound Advice?” 09/06, p. 12.

CONTAMINATED LAND

  • “Contaminated Properties: Using Site Registries to Check for Contamination,” 09/08, p. 1.
  • “Dos & Don’ts: Include All Environmental Information Relied on in a Land Purchase Contract,” 11/07, p. 12.
  • “The Law of Contaminated Property: Evaluating Your Company’s Liability for Remediating a Contaminated Site,” 02/07, p. 1.
  • “Liability for Contaminated Land: Can a Company Wash Its Hands of Environmental Liability for Land It Sells?” 09/06, p. 1.
  • “Test Your Environmental Law I.Q.: Can the CEO of Previous Land Owner Be Personally Liable for Remediation Costs?” 12/09, p. 11.
  • “Test Your Environmental Law I.Q.: Is a Prior Property Owner Responsible for Costs of Remediating UST?” 04/08, p. 4.
  • “Test Your Environmental Law I.Q.: Must Tenant Pay Landlord for Cleaning Up Contamination?” 08/08, p. 4.
  • “Test Your Environmental Law I.Q.: When Is a Parent Company Liable for Remediation of a Subsidiary’s Contamination?” 11/07, p. 11.
  • “Winners & Losers: How Do You Prove a Location Is a ‘Contaminated Site’ under Environmental Law?” 08/10, p. 16.
  • “Winners & Losers: If Tenants Lease Uncontaminated Land, Must They Return It in the Same Condition?” 03/09, p. 16.
  • “Winners & Losers: Must a Seller of Land Tell the Buyer That the Land Is Contaminated?” 12/06, p. 12.
  • “Underground Storage Tanks: How to Avoid 7 Common Pitfalls,” 05/07, p. 1.

CONTRACTS/CONTRACTORS

  • “Brief Your CEO: Why a Good Contract May Not Be Enough to Avoid Liability for Contamination,” 08/07, p. 11.
  • “Brief Your CEO: You Can’t ‘Contract’ Your Way Out of Liability for Pollution,” 12/06, p. 11.
  • “Dos & Don’ts: Include All Environmental Information Relied on in a Land Purchase Contract,” 11/07, p. 12.
  • “Protecting Your Company from Environmental Liability Caused by Contractors’ Violations,” 12/07, p. 1.
  • “Test Your Environmental Law I.Q.: Can Contractor Make Subcontractor Responsible for Environmental Violations?” 10/06, p. 4.

DISCIPLINE

  • “Dos & Don’ts: Don’t Discipline Workers for Requesting WHMIS Training,” 12/08, p. 12.
  • “How to Use Progressive Discipline Against Workers Who Violate Environmental Rules,” 06/07, p. 1.

DUE DILIGENCE

  • “Brief Your CEO: Anatomy of a Successful Due Diligence Defence,” 07/10, p. 13.
  • “Brief Your CEO: Why It’s Essential for the Company to Respond to Hazard Warnings,” 04/10, p. 6.
  • “Due Diligence: Industry Standards & ‘Reasonable Steps’—Are They the Same?” 11/06, p. 1.
  • “The Due Diligence Scorecard: Does Your Environmental Program Measure Up?” 01/07, p. 1.
  • “Due Diligence: 10 Common Traps to Avoid,” 08/10, p. 1.
  • “Due Diligence: What Makes an Environmental Incident Foreseeable?” 08/08, p. 1.
  • “Form of the Month: Questionnaire for Analyzing Viability of a Due Diligence Defence,” 03/07, p. 4.
  • Insider’s Annual Due Diligence Scorecard: Part 2, Practical Lessons from the 2006 Cases,” 02/07, p. 1.
  • “The Insider’s 4th Annual Due Diligence Scorecard: Court Cases Shed Light on the Meaning of Due Diligence,” 01/10, p. 1.
  • “The Insider’s 4th Annual Due Diligence Scorecard, Part 2: Practical Lessons from Recent Due Diligence Cases,” 02/10, p. 1.
  • “The Insider’s 3rd Annual Due Diligence Scorecard, Part 1,” 01/09, p. 1.
  • “The Insider’s 3rd Annual Due Diligence Scorecard, Part 2,” 02/09, p. 1.
  • “The Insider’s 2nd Annual Due Diligence Scorecard: Does Your EHS Program Measure Up?” 01/08, p. 1.
  • “The Insider’s 2nd Annual Due Diligence Scorecard, Part 2: Lessons to Be Learned from Recent Cases,” 02/08, p. 1.
  • “‘Mistake of Fact’: The Other Side of Due Diligence,” 06/09, p. 1.
  • “Test Your Environmental Law I.Q.: Due Diligence: What Reasonable Steps Should Company Have Taken to Prevent Spill?” 12/10, p. 6.
  • “Test Your Environmental Law I.Q.: When Is an Environmental Violation ‘Foreseeable’?” 07/09, p. 11.
  • “Winners & Losers: What Constitutes Due Diligence for Preventing Discharges of Contaminated Wastewater?” 09/10, p. 14.
  • “Winners & Losers: What Must a Company Do to Prove ‘Due Diligence’ in an Environmental Prosecution?” 10/07, p. 16.
  • “Winners & Losers: When Is an Environmental Incident ‘Foreseeable’?” 12/07, p. 12.
  • “Winners & Losers: When Is ‘Mistake of Fact’ a Defence to an Environmental Violation?” 03/08, p. 12.

EHS SYSTEMS/ISO STANDARD

  • “Brief Your CEO: Why Just Having an Environmental Safety System Isn’t Enough,” 10/06, p. 11.
  • “The Environmental Management System: Does It Ensure Better Environmental Performance & Compliance? Part 3,” 05/07, p. 1.
  • “The Environmental Management System: Does It Improve Financial Performance? Part 2,” 04/07, p. 1.
  • “The Environmental Management System: Does the Law Require One? Part 1,” 03/07, p. 1.
  • “Making the Business Case for EHS: Selling Management on ISO 14001 Certification,” 02/09, p. 1.

EHS VIOLATIONS

  • “Administrative Penalties: An Alternative Way to Hold Companies Liable for Environmental Violations,” 10/09, p. 1.
  • “Around the Provinces: Public’s Right to Compel Government to Launch Environmental Investigations,” 05/10, p. 12.
  • “Blaming It on the Worker: Are Companies Liable for Environmental Offences Caused by Workers’ Violations of Rules?” 04/08, p. 1.
  • “Brief Your CEO: C-45 Isn’t the Only Ticket to Jail for Environmental Offences,” 01/09, p. 6.
  • “Brief Your CEO: What You Need to Know about the Sentencing Principles for Environmental Offences,” 11/09, p. 11.
  • “Environmental Liability: Fines for Violations May Be Just the Beginning,” 07/10, p. 1.
  • “Environmental Penalties: Using EPAMs to Get Charges Dismissed,” 11/09, p. 1.
  • “Lawscape: Deadline for Filing Environmental Charges,” 01/10, p. 13.
  • “Lawscape: Maximum Corporate Fine for an EPA Violation,” 05/09, p. 4.
  • “Lawscape: Maximum Jail Sentence for an EPA Violation,” 09/09, p. 12.
  • “Legal Damage Control, Part 1: Reducing Fines for Environmental Violations,” 08/07, p. 1.
  • “Legal Damage Control, Part 2: 7 Ways to Get a Reduced Fine for an Environmental Violation,” 09/07, p. 1.
  • “Officers & Directors: CEO Fined $71,000, Jailed for 4 Months for ‘Egregious’ Environmental Violations,” 12/10, p. 12.
  • “Show Your Workers: Environmental Prosecutions Aren’t Just for Companies & Their CEOs,” 01/10, p. 14.
  • “Test Your Environmental Law I.Q.: Must Company Remove System that Threatens But Hasn’t Actually Caused Environmental Harm?” 10/09, p. 11.
  • “Test Your Environmental Law I.Q.: When Is a Fine for an Environmental Offence Excessive?” 09/08, p. 11.
  • “Winners & Losers: How Do Courts Put a Monetary Value on Environmental Losses?” 01/09, p. 16.
  • “Winners & Losers: How Much Is Too Much for an Environmental Fine?” 08/08, p. 12.
  • “Winners & Losers: What’s ‘Reasonable Doubt’ in an Environmental Prosecution?” 10/08, p. 12.
  • “Winners & Losers: When Does an Environmental Offence Warrant a Six-Figure Fine?” 03/10, p. 17.
  • “Winners & Losers: When Does Delaying a Trial Justify Dismissing Environmental Charges?” 06/08, p. 12.
  • “Winners & Losers: When Is a ‘Creative Sentence’ Appropriate for an Environmental Offence?” 02/08, p. 16.
  • “Winners & Losers: When Is a Deliberate Violation of an Environmental Law Justifiable?” 07/07, p. 1.
  • “Winners & Losers: When Is ‘Mistake of Fact’ a Defence to an Environmental Violation?” 03/08, p. 12.
  • “Winners & Losers: When Should Individuals Go to Jail for Environmental Offences?” 05/08, p. 12.
  • “Winners & Losers: Will a Company’s Remedial Efforts Reduce Its Sentence?” 04/08, p. 12.

E-WASTE

  • “The Law of E-Waste: What Are Canadian Companies Required to Do?” 09/06, p. 1.

GOVERNMENT ORDERS

  • “Test Your Environmental Law I.Q.: Can Company Challenge the Validity of MOE Order It’s Prosecuted for Violating?” 12/08, p. 11.
  • “Test Your Environmental Law I.Q.: What Must a Company Prove to Get an Environmental Order ‘Stayed’?” 03/08, p. 11.
  • “Winners & Losers: Challenging Government Orders that You Think Are Invalid,” 03/07, p. 12.
  • “Winners & Losers: Do MOE Decisions Have to Be ‘Correct’ to Survive an Appeal?” 09/07, p. 12.

HAZARDS/HAZARDOUS SUBSTANCES (SEE ALSO “WHMIS”)

  • “Hazardous Substances: Complying with REACH Safety Data Sheet Requirements,” 12/10, p. 1.
  • “Hazardous Substances: How to Comply with the New Federal PCB Regulations,” 12/08, p. 1.
  • “Hazardous Substances: How to Comply with the TDGA Training Requirements,” 06/10, p. 1.
  • “Hazardous Waste Disposal: What Are Companies Required to Do with Their Waste Paint?” 12/07, p. 1.
  • “Hazard Profile: Asbestos,” 10/10, p. 11.
  • “Indoor Air Quality: What Does the Law Require You to Do to Protect Workers from Mould?” 09/07, p. 1.
  • “The Law of E-Waste: What Are Canadian Companies Required to Do?” 09/06, p. 1.
  • “Mercury Emissions: What Are Your Company’s Environmental Obligations?” 07/08, p. 1.
  • “Pesticide Use Laws: How to Use Integrated Pest Management to Ensure Compliance,” 05/08, p. 1.
  • “Test Your Environmental Law I.Q.: What Does ‘Come into Contact with’ a Hazardous Substance Mean?” 09/10, p. 6.
  • “Test Your Environmental Law I.Q.: Which Law Applies to PCB Material Temporarily Kept at a Facility?” 02/09, p. 15.
  • “Underground Storage Tanks: How to Avoid 7 Common Pitfalls,” 05/07, p. 1.
  • “WHMIS & Hazardous Waste,” 11/10, p. 1.
  • “WHMIS 101: How to Comply with WHMIS Workplace Label Requirements,” 03/10, p. 1.
  • “WHMIS: The ‘Globally Harmonized System’ and What It Means to You,” 08/09, p. 1.

INDUSTRIES

  • “Focus On: Environmental Regulation of Pulp & Paper Mills,” 07/10, p. 11.

INSPECTIONS/INSPECTORS

  • “Around the Provinces: Public’s Right to Compel Government to Launch Environmental Investigations,” 05/10, p. 12.
  • “Dealing with Inspectors: How Do You Appeal Orders Issued by Environmental Officials?” 09/09, p. 1.
  • “Surviving EHS Investigations: What to Do When Environmental Officials Demand Your Incident Reports,” 05/10, p. 1.
  • “Surviving Inspections: Beware of Inadvertently Obstructing Environmental Officers,” 10/06.
  • “Surviving Inspections—Part 1: What to Do When Environmental Inspectors Show Up,” 06/07, p 1.
  • “Surviving Inspections—Part 2: Prepare Your Employees to Face the Inspector,” 07/07, p. 1.
  • “Test Your Environmental Law I.Q.: Can MOE Official Demand Spill Information over the Phone?” 12/07, p. 11.
  • “Traps to Avoid: Surviving Inspections: 3 Mistakes to Avoid When Dealing with Government Inspectors,” 03/09, p. 13.
  • “Winners & Losers: Can Government Inspectors Search and Seize Evidence Without a Warrant?” 02/07, p. 12.
  • “Winners & Losers: Is Government Action an ‘Inspection’ or an ‘Investigation’?” 12/10, p. 13.

INSURANCE

  • “Brief Your CEO: Why D & O Insurance Might Not Protect You from Environmental Liability,” 09/09, p. 11.
  • “Winners & Losers: When Does the Pollution Exclusion in an Insurance Policy Apply?” 02/09, p. 16.

LAWS & REGULATIONS

  • “Brief Your CEO: Complying with Provincial Clean Water Laws May Not Be Enough to Avoid Liability,” 10/07, p. 15.
  • “Compliance 101: Must Canadian Companies Comply with Foreign Environmental Laws?” 01/09, p. 1.
  • “Environmental Codes of Practice: What Are They & Must You Comply with Them?” 04/10, p. 1.
  • “The Law of ‘Nuisances’: Environmental Regulation through the Backdoor,” 07/09, p. 1.
  • “Lawscape: Laws Barring ‘SLAPP’ Lawsuits,” 09/10, p. 13.
  • “New Law: Changes to Federal Transportation of Dangerous Goods Regulations,” 06/08, p. 1.
  • “New Law: Complying with New TDGA Safety & Security Requirements,” 09/09, p. 1.
  • “Test Your Environmental Law I.Q.: Can a Company Be Prosecuted under Both OHS and Environmental Laws for the Same Incident?” 07/10, p. 5.
  • “Test Your Environmental Law I.Q.: Can a Company Sue over Criticism of Its Environmental Practices?” 10/10, p. 5.
  • “Test Your Environmental Law I.Q.: Can a Concerned Citizen Sue the Government for Not Enforcing an Environmental Law?” 04/09, p. 11.
  • “Test Your Environmental Law I.Q.: Can a Regional District Set Stricter Emissions Standards than the Province?” 09/09, p. 4.
  • “Test Your Environmental Law I.Q.: Does Federal TDGA Cover Operations Solely Within One Province?” 09/07, p. 4.
  • “Test Your Environmental Law I.Q.: Must Federally Regulated Companies Obtain Provincially Required Permits?” 11/06, p. 4.
  • “Test Your Environmental Law I.Q.: Which Law Applies to PCB Material Temporarily Kept at a Facility?” 02/09, p. 15.
  • “Update: Status of Regulations for Security Requirements in Amended TDGA,” 12/10, p. 12.
  • “Winners & Losers: Liability of Canadian Companies under U.S. Environmental Laws,” 06/07, p. 12.
  • “Winners & Losers: When Do Municipal Environmental Regulations Go Too Far?” 01/07, p. 12.

Lawscapes

  • “Deadline for Filing Environmental Charges,” 01/10, p. 13.
  • “Grades on Energy Efficiency Report Card,” 12/10, p. 11.
  • “How Soon You Must Report the Release of Pollutants,” 05/08, p. 4.
  • “Laws Barring ‘SLAPP’ Lawsuits,” 09/10, p. 13.
  • “Maximum Corporate Fine for an EPA Violation,” 10/07, p. 6.
  • “Maximum Corporate Fine for an EPA Violation,” 05/09, p. 4.
  • “Maximum Jail Sentence for an EPA Violation,” 09/09, p. 12.

LIABILITY

  • “Blaming it on the Worker: Are Companies Liable for Environmental Offences Caused by Workers’ Violations of Rules?” 04/08, p. 1.
  • “Brief Your CEO: The ‘Precautionary Principle’: What It Is and How It Affects You,” 10/08, p. 11.
  • “Dealing with Regulators: Can You Be Prosecuted for Actions that an Environmental Official Okayed?” 08/07, p. 1.
  • “Environmental Liability: Fines for Violations May Be Just the Beginning,” 07/10, p. 1.
  • “’Greenwashing’: Avoiding Liability for False Environmental Claims,” 09/10, p. 1.
  • “The Law of Contaminated Property: Evaluating Your Company’s Liability for Remediating a Contaminated Site,” 02/07, p. 1.
  • “Test Your Environmental Law I.Q.: Can a Landlord Takes Steps to Prevent a Tenant’s Environmental Violations?” 08/10, p. 7.
  • “Test Your Environmental Law I.Q.: Can the Government Sue for Environmental Damages Even if No Statute Says It Can?” 09/06, p. 4.
  • “Test Your Environmental Law I.Q.: Must a Commercial Landlord Warn a Tenant that It’s Polluting?” 03/10, p. 15.
  • “Test Your Environmental Law I.Q.: When Is a Parent Company Liable for Remediation of a Subsidiary’s Contamination?” 11/07, p. 11.
  • “Test Your Environmental Law I.Q.: Who’s Liable for a Fire Caused by an Undisclosed Flammable Substance?” 07/08, p. 11.
  • “Test Your Environmental Law I.Q.: Who’s Liable for Cleanup of Oil Spill on Home Owner’s Property?” 05/10, p. 6.
  • “Winners & Losers: Does Government Agency Have a ‘Duty of Care’ to Victims of Environmental Harm?” 05/09, p. 12.
  • “Winners & Losers: Does Plant Have a ‘Fiduciary Duty’ to Protect Neighbours from Pollution?” 08/07, p. 12.
  • “Winners & Losers: Does Wrong Advice from Government Officials Excuse Environmental Violations?” 04/07, p. 12.
  • “Winners & Losers: Is a Minimal ‘Adverse Effect’ on the Environment Enough for a Violation?” 11/10, p. 16.
  • “Winners & Losers: Is a Parent Company Liable for a Subsidiary’s Pollution?” 04/09, p. 12.
  • “Winners & Losers: When Can Alleged Pollution Victims Sue Polluters in a ‘Class Action’?” 01/08, p. 12.
  • “Winners & Losers: When Can Individuals’ Actions Be Attributed to the Organizations They Serve?” 08/09, p. 12.
  • “Winners & Losers: When Do Companies Have Sufficient Control to Be Liable for a Discharge?” 11/08, p. 12.

NUISANCE

  • “The Law of ‘Nuisances’: Environmental Regulation through the Backdoor,” 07/09, p. 1.
  • “Test Your Environmental Law I.Q.: Can Resident Force Neighbour to Stop Using Wood-Burning Boiler?” 05/09, p. 11.
  • “Test Your Environmental Law I.Q.: Can You Obey Environmental Laws & Still Be Guilty of Creating a Nuisance?” 05/07, p. 11.
  • “Winners & Losers: What Conditions Could Constitute a ‘Public Nuisance’?” 07/08, p. 1.

OFFICERS & DIRECTORS

  • “Around the Provinces: Officers’ & Directors’ Personal Liability for Environmental Violations,” 07/09, p. 1.
  • “Brief Your CEO: A Good Track Record Doesn’t Prove Environmental Compliance,” 06/08, p. 11.
  • “Brief Your CEO: Anatomy of a Successful Due Diligence Defence,” 07/10, p. 13.
  • “Brief Your CEO: C-45 Isn’t the Only Ticket to Jail for Environmental Offences,” 01/09, p. 6.
  • “Brief Your CEO: How False ‘Green’ Marketing Claims Can Lead to Liability for Officers & Directors,” 03/09, p. 6.
  • “Brief Your CEO: Personal Liability of Officers for a Company’s Environmental Offences,” 06/07, p. 11.
  • “Brief Your CEO: The ‘Precautionary Principle’: What It Is and How It Affects You,” 10/08, p. 11.
  • “Brief Your CEO: The Smoke-Free Workplace—It’s Now a Legal Requirement,” 04/08, p. 11.
  • “Brief Your CEO: What It Means to Exercise ‘Due Diligence’,” 09/06, p. 11.
  • “Brief Your CEO: What You Need to Know about the Sentencing Principles for Environmental Offences,” 11/09, p. 11.
  • “Brief Your CEO: Why a Good Contract May Not Be Enough to Avoid Liability for Contamination,” 08/07, p. 11.
  • “Brief Your CEO: Why D & O Insurance Might Not Protect You from Environmental Liability,” 09/09, p. 11.
  • “Brief Your CEO: Why Directors Aren’t Always Personally Liable for a Corporation’s Environmental Offences,” 02/10, p. 17.
  • “Brief Your CEO: Why It’s Essential for the Company to Respond to Hazard Warnings,” 04/10, p. 6.
  • “Brief Your CEO: Why Just Having an Environmental Safety System Isn’t Enough,” 10/06, p. 11.
  • “Brief Your CEO: Why You Can’t Delegate Compliance with Environmental Laws to Your Workers,” 06/09, p. 11.
  • “Brief Your CEO: You Can’t ‘Contract’ Your Way Out of Liability for Pollution,” 12/06, p. 11.
  • “Corporate Compliance: Your Company’s Duty to Disclose Environmental Liabilities, Part 1,” 07/08, p. 1.
  • “Corporate Compliance: Your Company’s Duty to Disclose Environmental Liabilities, Part 2,” 08/08, p. 1.
  • “Officers & Directors: CEO Fined $71,000, Jailed for 4 Months for ‘Egregious’ Environmental Violations,” 12/10, p. 12.
  • “Test Your Environmental Law I.Q.: Can the CEO of Previous Land Owner Be Personally Liable for Remediation Costs?” 12/09, p. 11.
  • “Winners & Losers: When Is a CEO Liable for a Company’s Environmental Offence?” 10/09, p. 12.

PERMITS & ENVIRONMENTAL ASSESSMENTS

  • “Dos & Don’ts: Don’t Act in Anticipation of Permit Change Approval,” 12/09, p. 12.
  • “Environmental Assessments: Part 1: When Must Your Company Get One?” 06/09, p. 1.
  • “Environmental Assessments: Part 2: Navigating the Assessment Process,” 07/09, p. 1.
  • “Test Your Environmental Law I.Q.: Can an Environmental Group Challenge a Company’s Certificate of Approval?” 11/08, p. 11.
  • “Test Your Environmental Law I.Q.: Must Federally Regulated Companies Obtain Provincially Required Permits?” 11/06, p. 4.
  • “Test Your Environmental Law I.Q.: Must Provincial Projects Undergo Federal Environmental Assessments?” 03/09, p. 5.
  • “Traps to Avoid: Closing Down a Facility Without an Environmental Assessment,” 03/10, p. 16.

POLLUTION, AIR

  • “Bracing for Federal Air Emissions Regulations: What Should Your Company Do to Prepare?” 10/07, p. 1.
  • “Brief Your CEO: The Smoke-Free Workplace—It’s Now a Legal Requirement,” 04/08, p. 11.
  • “Federal Climate Change Plan: How to Develop an ‘Offset System Quantification Protocol’ for Your Projects,” 11/08, p. 1.
  • “Federal Climate Change Plan: How Your Company Can Benefit from the Proposed Offset Credit System,” 09/08, p. 1.
  • “Federal Climate Change Plan: What it Means for Your Company,” 06/08, p. 1.
  • “Indoor Air Pollution: Employers & Second-Hand Smoke,” 07/07, p. 1.
  • “Indoor Air Quality: What Does the Law Require You to Do to Protect Workers from Mould?” 09/07, p. 1.
  • “Noise Pollution: What Are an Employer’s Legal Obligations?” 02/08, p. 1.
  • “Pollution Prevention: Must Your Company Have a ‘P2’ Plan?” 08/09, p. 1.
  • “Special Report: Managing the Risks of Carbon Trade Agreements,” 11/09, insert.
  • “Test Your Environmental Law I.Q.: Can a Regional District Set Stricter Emissions Standards than the Province?” 09/09, p. 4.

POLLUTION, WATER

  • “Brief Your CEO: Complying with Provincial Clean Water Laws May Not Be Enough to Avoid Liability,” 10/07, p. 15.
  • “Pollution Prevention: Must Your Company Have a ‘P2’ Plan?” 08/09, p. 1.
  • “Test Your Environmental Law I.Q.: Can a Company Discharge Wastewater in an Emergency?” 01/10, p. 6.
  • “Water Rights: What You Can & Can’t Do with Water Sources on Your Land,” 03/07, p. 1.
  • “Winners & Losers: What Constitutes Due Diligence for Preventing Discharges of Contaminated Wastewater?” 09/10, p. 14.
  • “Winners & Losers: What Makes an Area a ‘Fish Habitat’ under the Fisheries Act?” 05/10, p. 13.

PROSECUTIONS

  • “Administrative Penalties: An Alternative Way to Hold Companies Liable for Environmental Violations,” 10/09, p. 1.
  • “Brief Your CEO: C-45 Isn’t the Only Ticket to Jail for Environmental Offences,” 01/09, p. 6.
  • “Brief Your CEO: What You Need to Know about the Sentencing Principles for Environmental Offences,” 11/09, p. 11.
  • “Dos & Don’ts: Don’t Get Rid of Evidence Returned by the Government,” 02/10, p. 18.
  • “Environmental Liability: Fines for Violations May Be Just the Beginning,” 07/10, p. 1.
  • “Environmental Penalties: Using EPAMs to Get Charges Dismissed,” 11/09, p. 1.
  • “Lawscape: Deadline for Filing Environmental Charges,” 01/10, p. 13.
  • “Lawscape: Maximum Corporate Fine for an EPA Violation,” 05/09, p. 4.
  • “Lawscape: Maximum Jail Sentence for an EPA Violation,” 09/09, p. 12.
  • “Officers & Directors: CEO Fined $71,000, Jailed for 4 Months for ‘Egregious’ Environmental Violations,” 12/10, p. 12.
  • “Show Your Workers: Environmental Prosecutions Aren’t Just for Companies & Their CEOs,” 01/10, p. 14.
  • “Test Your Environmental Law I.Q.: Can a Company Be Prosecuted under Both OHS and Environmental Laws for the Same Incident?” 07/10, p. 5.
  • “Test Your Environmental Law I.Q.: What Environmental Evidence Can the Government Seize under Search Warrant?” 11/10, p. 8.
  • “Winners & Losers: How Do Courts Put a Monetary Value on Environmental Losses?” 01/09, p. 16.
  • “Winners & Losers: When Can Statements Made to Environmental Officials Be Used Against You?” 06/10, p. 15.
  • “Winners & Losers: When Does an Environmental Offence Warrant a Six-Figure Fine?” 03/10, p. 17.
  • “Winners & Losers: When Does Seizure of Evidence in Environmental Cases Violate Privacy Rights?” 04/10, p. 14.
  • “Winners & Losers: When Must Data Recordings from Vehicles Involved in Environmental Investigations Be Disclosed?” 06/09, p. 12.

RETALIATION

  • “Dos & Don’ts: Don’t Discipline Workers for Requesting WHMIS Training,” 12/08, p. 12.
  • “EHS Program Management: Retaliating Against Workers for Blowing the Whistle on Environmental Violations—Part 1,” 10/07, p. 1.
  • “Whistleblowing & Retaliation: Part 2: Legitimately Firing Workers Once They’ve Blown the Whistle,” 11/07, p. 1.

RISK MANAGEMENT

  • “Environmental Consultants: How to Prevent Liability Risks to Your Company,” 11/09, p. 1.
  • “Legal Damage Control, Part 1: Reducing Fines for Environmental Violations,” 08/07, p. 1.
  • “Legal Damage Control, Part 2: 7 Ways to Get a Reduced Fine for an Environmental Violation,” 09/07, p. 1.
  • “Making the Business Case for EHS: How Executives View Environmental Risk Management,” 08/10, p. 14.
  • “Protecting Your Company from Environmental Liability Caused by Contractors’ Violations,” 12/07, p. 1.

SPILLS

  • “Compliance 101: Reporting Your Company’s Release of Pollutants for the National Database,” 11/07, p. 1.
  • “Dos & Don’ts: Don’t Delay Spill Cleanups,” 09/08, p. 12.
  • “Dos & Don’ts: Report All Spills Covered by Reporting Requirements—Even Small Ones,” 02/10, p. 18.
  • “Reporting Hazardous Spills: What Are Your Legal Obligations?” 12/06, p. 1.
  • “Spill Reporting and Response, Part 2: How to Create Spill Response Contingency Plan for Workers,” 01/07, p. 1.
  • “Test Your Environmental Law I.Q.: Can MOE Official Demand Spill Information Over the Phone?” 12/07, p. 11.
  • “Test Your Environmental Law I.Q.: Due Diligence: What Reasonable Steps Should Company Have Taken to Prevent Spill?” 12/10, p. 6.
  • “Test Your Environmental Law I.Q.: Who’s Liable for Cleanup of Oil Spill on Home Owner’s Property?” 05/10, p. 6.
  • “Traps to Avoid: Letting Workers Rely on Shut-Off Technology When Refuelling Tanks,” 01/09, p. 14.
  • “Winners & Losers: Is Failing to Report a Spill Ever Excusable?” 11/09, p. 12.

SUSTAINABLE DEVELOPMENT

  • “Dos & Don’ts: Measure Your Office’s Sustainability,” 12/08, p. 12.
  • “Making the Business Case for Environmental Programs: How to Sustain ‘Sustainable Development’,” 11/06, p. 11.

TDGA

  • “Hazardous Substances: How to Comply with the TDGA Training Requirements,” 06/10, p. 1.
  • “New Law: Changes to Federal Transportation of Dangerous Goods Regulations,” 06/08, p. 1.
  • “New Law: Complying with New TDGA Safety & Security Requirements,” 09/09, p. 1.
  • “Test Your Environmental Law I.Q.: Does Federal TDGA Cover Operations Solely Within One Province?” 09/07, p. 4.
  • “Test Your Environmental Law I.Q.: Who’s Liable for Improper Documentation of Dangerous Goods for Shipping?” 02/07, p. 11.
  • “Transportation of Dangerous Goods: Complying with TDGA Containment Requirements,” 03/08, p. 1.
  • “Update: Status of Regulations for Security Requirements in Amended TDGA,” 12/10, p. 12.
  • “Winners & Losers: When Is a ‘Carrier’ Responsible for TDGA Compliance?” 01/10, p. 16.

TECHNOLOGY

  • “The Technology of Compliance: How to Choose the Right Environmental Compliance Software,” 10/06, p. 1.
  • “Traps to Avoid: Letting Workers Rely on Shut-Off Technology When Refuelling Tanks,” 01/09, p. 14.

TRAINING

  • “Dos & Don’ts: Document All ‘Tool Box Talks’,” 12/09, p. 12.
  • “Dos & Don’ts: Don’t Discipline Workers for Requesting WHMIS Training,” 12/08, p. 12.
  • “Dos & Don’ts: Don’t Let Workers Opt out of Essential Environmental Training,” 10/10, p. 14.
  • “EHS Training: Use 4 Strategies to Verify Effectiveness of Your Company’s Training,” 04/09, p. 1.
  • “Hazardous Substances: How to Comply with the TDGA Training Requirements,” 06/10, p. 1.
  • “Training: Use Log to Prove that You Gave Workers Proper EHS Training,” 03/09, p. 1.

WASTE MANAGEMENT

  • “E-Waste: The Current State of E-Waste Diversion Programs in Canada,” 04/10, p. 12.
  • “Hazardous Waste Disposal: What Are Companies Required to Do with Their Waste Paint?” 12/07, p. 1.
  • “The Law of E-Waste: What Are Canadian Companies Required to Do?” 09/06, p. 1.
  • “Making the Business Case for EHS: Proving that Solid Waste Management Can Save Your Company Millions Every Year,” 06/10, p. 13.
  • “Waste Disposal: What Are Companies Required to Do with Scrap Tires?” 12/09, p. 1.
  • “WHMIS & Hazardous Waste,” 11/10, p. 1.
  • “Why You Should Conduct a Waste Audit—and How to Do It,” 10/09, p. 1.

WHMIS

  • “Dos & Don’ts: Don’t Discipline Workers for Requesting WHMIS Training,” 12/08, p. 12.
  • “Hazardous Substances: Complying with REACH Safety Data Sheet Requirements,” 12/10, p. 1.
  • “Hazardous Substances: Part 2: How to Determine Which Workers Need WHMIS Training,” 11/08, p. 1.
  • “Hazardous Substances: WHMIS & the Law of MSDS Management,” 04/07, p. 1.
  • “Test Your Environmental Law I.Q.: Can a Supplier Make MSDSs Available to Purchasers over the Internet?” 05/08, p. 11.
  • “Test Your Environmental Law I.Q.: Must Suppliers Disclose ‘Trade Secrets’ on MSDSs/WHMIS Labels?” 10/07, p. 14.
  • “Test Your Environmental Law I.Q.: When Must an MSDS Be Updated?” 01/08, p. 11.
  • “Test Your Environmental Law I.Q.: Which Law Applies to PCB Material Temporarily Kept at a Facility?” 02/09, p. 15.
  • “Test Your Environmental Law I.Q.: Who’s Responsible for Improper Storage of Hazardous Chemicals?” 07/07, p. 11.
  • “WHMIS & Hazardous Waste,” 11/10, p. 1.
  • “WHMIS 101: How to Comply with WHMIS Workplace Label Requirements,” 03/10, p. 1.
  • “WHMIS 101: Part 1: Understanding the WHMIS Training Requirements,” 10/08, p. 1.
  • “WHMIS: The ‘Globally Harmonized System’ and What It Means to You,” 08/09, p. 1.

WORKERS

  • “Dos & Don’ts: Don’t Delegate Compliance to Your Workers,” 11/07, p. 12.
  • “Blaming It on the Worker: Are Companies Liable for Environmental Offences Caused by Workers’ Violations of Rules?” 04/08, p. 1.
  • “EHS Program Management: Retaliating Against Workers for Blowing the Whistle on Environmental Violations—Part 1,” 10/07, p. 1.
  • “How to Use Progressive Discipline Against Workers Who Violate Environmental Rules,” 06/07, p. 1.
  • “Show Your Workers: Environmental Prosecutions Aren’t Just for Companies & Their CEOs,” 01/10, p. 14.
  • “Whistleblowing & Retaliation: Part 2: Legitimately Firing Workers Once They’ve Blown the Whistle,” 11/07, p. 1.
  • “Winners & Losers: Is a Company Responsible for Environmental Offences of a Rogue or Careless Employee?” 10/06, p. 12.