Regulatory Corner - May 2022

- Québec

Enforcement of environmental and dam safety legislation: Bill 102, an Act mainly to reinforce the enforcement of environmental and dam safety legislation, to ensure the responsible management of pesticides and to implement certain measures of the 2030 Plan for a Green Economy concerning zero emission vehicles was re-instated to the Quebec National Assembly on October 20, 2021 and has been subject to special consultations, public hearings and the committee stage. Bill 102 which was passed and given assent will come into force on May 12, 2022 (except for exceptions).  

Details on Bill 102 are available on this website.

- Ontario

Conservation Authorities Act: In Ontario, conservation authorities play key roles in dam approval, water level management and operation of their own dams. On April 21, 2020 the province announced Phase 2 of its reform of the Conservation Authorities Act, including regulatory and policy changes to improve conservation authority governance, oversight, transparency and accountability. None of the Phase 2 changes affect the current roles that conservation authorities play in approvals for dam construction, removal or operation.

Details on the Phase 2 changes are available on this website.

- Ontario

Endangered Species Act: Dam owners need to be aware of a wide variety of legislation affecting the construction, operation and removal of their dams, including in Ontario the consideration of the provincial Endangered Species Act (ESA).  For example, the province is currently consulting on a proposal to issue an "overall benefit permit” to a dam owner, where removal of the dam may adversely affect the ESA listed Blandings Turtle. Information on this website provides insight into how this matter is being considered.