The Environmental Protection Act ( Eal ) Stockpiles Of Sand
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You asked that I provide you with my advice respecting Elmira Aggregate Ltd. (EAL) stockpiles of sand. In particular, you asked that I provide advice as to whether EAL breached s.15 of the Environmental Protection Act by failing to notify the Ministry of a discharge of contaminate. As elaborated below, I am of the view that EAL has breached s.15 of the Environmental Protection Act (EPA), as the discharge created is likely to cause an adverse event.
Did EAL fail to notify the Ministry of a discharge of contaminant?
The rule of s.15 of the EPA is described in Castonguay Blasting Ltd. V. Ontario, 2013 SCC 52. It is required that the Ministry of the Environment be immediately notified when a contaminant is discharged into the environment. There are two pre-conditions to this reporting requirement- the discharge must have been out of the normal course of events and it must have had- or was likely to have- an adverse environmental impact. It is also required that the Ministry be notified of a discharge of a contaminant without waiting for proof that the natural environment has been impaired.
Was there a discharge of a contaminant?
A discharge is described in S. 1 (1) of the EPA as, when used as a verb, includes add, deposit, leak or emit and, when used as a noun, addition, deposit, emission or leak. A contaminant is described as any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human