Contaminated Sites Liability & Litigation Risk - DS

Cross country perspectives addressing environmental contamination liability risks EARN CPD CREDITS

Advanced Conference on

CONTAMINATED SITES Liability & Litigation Risk April 22, 2021 (Eastern Daylight Time) • Virtual Conference Your deep dive into the most critical challenges affecting land developers, real estate, legal professionals and environmental management officials.

André Durocher

Partner Fasken, Québec conference co-chair

Natalie Mullins

Partner Gowling WLG, Ontario conference co-chair

Bryan J. Buttigieg

Mary Taylor

Roxanne MacLean, P.Geo

Caret-right How to Create a Land Remediation Plan to Mitigate Contamination

This program contains 1 Professionalism Hour.

Certified Specialist, Environmental Law Miller Thomson LLP conference co-chair

Director General Environment and Climate Change Canada, Québec

Senior Environmental Officer, Regional Office of Environmental Coordination (ROEC) Fisheries and Oceans Canada, Nova Scotia

SESSION HIGHLIGHTS FOR 2021 Caret-right How to Meet Reporting Obligations Across Jurisdictions Caret-right Ethics and Professional Responsibility when Meeting Your Environmental Obligations Caret-right Liability of Owners and Tenants for Historical Contamination in Ontario following the Hamilton Beach Decision

Register Now

Caret-right How to Obtain Contracts Federal Financial Liabilities and Funding Opportunities

CanadianInstitute.com/ContaminatedSites • 1 877 927 7936

Part of C5 Group’s LEGAL GLOBAL SERIES

Engage With:

The polluter pays for a contaminated site is not always the doctrine being upheld in the courts.

R

ecent caselaw has seen the current landowners, from municipalities to private enterprises, being held responsible for historic property damages, damages to neighbouring properties and remediation. A contaminated land claim can arise at any time, either during a property transaction, an environmental assessment, or at the time of the contamination. What is your obligation to report and what actions can make you liable?

Environmental planners Consultants Engineers Environmental lawyers, in-house counsel, and city solicitors Government officers and policy makers from Municipal, Provincial, and Federal Environmental service providers, vendors, purchasers, and developers

The Canadian Institute’s Advanced Conference on Contaminated Sites Liability & Litigation Risks takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and environmental management officials. Join this one-day national event April 22, 2021 on our dynamic virtual platform, to delve into the law, regulation and enforcement.

From Industry Sectors Including:

CHEVRON-DOUBLE-RIGHT Regulatory Obligations of Reporting Contamination from Crown Land to Provincial Land and Across Jurisdictions CHEVRON-DOUBLE-RIGHT Obligations and Operations of Buying and Selling Property with Contaminated Lands

Oil and Gas Natural Resources Regulatory

CHEVRON-DOUBLE-RIGHT Lessons Learned from Hamilton Beach: How Owners Can Inoculate Themselves from Risk

Petrochemicals

CHEVRON-DOUBLE-RIGHT Determining Who is at Fault and the Extent of Responsibility and How to Prove Damages in Litigation Proceedings

Electricity

CHEVRON-DOUBLE-RIGHT How to Prove Damages in Litigation Proceedings under the Environmental Protection Act The Federal Contaminated Sites Action Plan (FCSAP) has earmarked $1.16 billion to be spent by 2024 to reduce environmental and human health risks from known federal contaminated sites and associated federal financial liabilities. Find out how the funding is being allocated and lessons learned from contaminated land remediation case studies.

We hope that you will join us at this one-of-a-kind national forum for an unparalleled learning and networking experience.

REGISTER NOW MEDIA PARTNERS

2 | #ContaminatedSites

twitter: @CI_Legal linkedin: The Canadian Legal Network

Manufacturing

CONFERENCE CO-CHAIRS Bryan J. Buttigieg Certified Specialist, Environmental Law Miller Thomson LLP ontario

André Durocher Partner Fasken québec

Natalie Mullins Partner Gowling WLG ontario

DISTINGUISHED FACULTY Derek AuCoin Senior Environmental Specialist Public Services and Procurement Canada nova scotia Matt Benson Partner Cunningham, Swan, Carty, Little & Bonham LLP ontario

Ian Chatwell Regional Director, Programs, Pacific Region Transport Canada

Register Now

Paul McCulloch Crown Counsel, Legal Services Branch Environment, Conservation and Parks ontario

Arnie Herschorn Partner Minden Gross ontario

Maylia Kempt Parker Director of Air Quality & Resource Management, Sustainability and Applied Science Division Nova Scotia Environment

Roxanne MacLean, P.Geo Senior Environmental Officer, Regional Office of Environmental Coordination (ROEC) Fisheries and Oceans Canada nova scotia

Kinji C. Bourchier Partner Lawson Lundell LLP british columbia

TOP 5 Reasons to Attend

Jonas Fenn B.Sc. PAg. Manager Remediation and Reclamation Energy Regulation Division, Ministry of Energy and Resources Government of Saskatchewan

Norm Rankin Counsel, Legal Services Environment, Conservation and Parks ontario

1.

Meet Reporting Obligations Across Jurisdictions when a contamination is discovered and exploring the consequences of not reporting

2.

Determine Who is at Fault and the extent of responsibility and how to prove damages in litigation proceedings

3.

Recover Remediation Costs and discover actions for recovering costs when the third-party is insolvent or no longer operating

CanadianInstitute.com/ContaminatedSites • 1 877 927 7936

Joanna Rosengarten Counsel, Environmental Group McCarthy Tétrault ontario Warren Rospad Contaminated Sites Specialist Manitoba Conservation and Water Stewardship manitoba David Sanscartier, P.Eng, PhD Project Engineer Saskatchewan Research Council (SRC) Mary Taylor Director General Environment and Climate Change Canada québec

4.

Mitigate Legal Negligence and Liability when buying and selling a contaminated property

5.

Ensure Ethics and Professional Responsibility when meeting your environmental obligations

Part of C5 Group’s LEGAL GLOBAL SERIES

AGENDA Caret-right THURSDAY, APRIL 22, 2021 (EDT) 8:30

10:30 | Break

Remarks from the Co-Chairs Bryan J. Buttigieg Certified Specialist, Environmental Law Miller Thomson LLP

10:45

Mitigating Legal Negligence and Liability when Buying and Selling a Contaminated Property

André Durocher Partner Fasken

Arnie Herschorn Partner Minden Gross

Natalie Mullins Partner Gowling WLG

8:40

How to Meet Reporting Obligations Across Jurisdictions When a Contamination is Discovered and Exploring the Consequences of Not Reporting

Jonas Fenn B.Sc. PAg. Manager Remediation and Reclamation Energy Regulation Division, Ministry of Energy and Resources Government of Saskatchewan Maylia Kempt Parker Director of Air Quality & Resource Management, Sustainability and Applied Science Division Nova Scotia Environment

Norm Rankin Counsel, Legal Services Environment, Conservation and Parks Warren Rospad Contaminated Sites Specialist Manitoba Conservation and Water Stewardship

• Obligations for reporting historic contamination versus current contamination • Identifying where legal responsibility lays on Crown land, or the contamination originated from a federally owned site • Determining who is the regulator when contamination crosses jurisdiction 9:30

Ethics and Professional Responsibility when Meeting Your Environmental Obligations Matt Benson Partner Cunningham, Swan, Carty, Little & Bonham LLP

This session can be applied to 1 Professionalism Hour(s) with the LSO.

• Maintaining confidentiality of information in transactions • Avoiding and managing conflicts of interest when representing multiple parties in the same matter, or former clients in the same matter, as it pertains to environmental obligations • Responding appropriately to client dishonesty or fraud when complying with environmental matters

4 | #ContaminatedSites

• Protecting the buyer, seller or investor during a land transaction • Upholding duty to indemnify amid a competitive bid process • Acting for buyer and seller, with a look at Dobara Properties Limited et al. v. Arnone et al., (2016 ONSC) • Non-disclosure of a known contamination, with a look at the Supreme Court of British Columbia decision on Ban v. Keleher, (2017 BCSC) 11:45

Liability of Owners and Tenants for Historical Contamination in Ontario following the Hamilton Beach Decision Paul McCulloch Crown Counsel, Legal Services Branch Environment, Conservation and Parks Joanna Rosengarten Counsel, Environmental Group McCarthy Tétrault A look at Ontario’s Divisional Court ruling on Hamilton Beach Brands Canada Inc. v. Ministry of the Environment and Climate Change, (2018 ONSC) which decided the current occupants of a property can be found responsible for historical contamination that spreads to neighbouring sites.

• Identifying the responsibilities of a tenant or site owner to address historic onsite contamination, or adjacent contamination • What protection do you have as a brownfield developer?

12:45

1:1 Networking with Speakers and Delegates Make new connections, face-to-face. Troubleshoot top pain points and share breakthrough strategies using an interactive virtual feature that will introduce you to fellow industry leaders for a quick conversation.

12:55 | Break

twitter: @CI_Legal linkedin: The Canadian Legal Network

1:30

4:30

Contaminated Sites Litigations: Who is at Fault? What is the Extent of Liability? How to Prove Damages?

How to Obtain Contracts Federal Financial Liabilities and Funding Opportunities

André Durocher Partner Fasken

Ian Chatwell Regional Director, Programs, Pacific Region Transport Canada

• A case study of TCE contamination in groundwater at CFB Valcartier, and the class action lawsuit against the federal government and SNC-Lavalin • Establishing the cause of the contamination, whether recent or historic • Determining if the contamination was caused by the current owner, the previous owner or a neighbouring site • Discussing how the spread of contamination can change who is at fault, and when 2:30

Recovering Remediation Costs Bryan J. Buttigieg Certified Specialist, Environmental Law Miller Thomson LLP

Mary Taylor Director General Environment and Climate Change Canada The Federal Contaminated Sites Action Plan (FCSAP) has earmarked $1.16 billion to be spent by 2024 to reduce environmental and human health risks from known federal contaminated sites and associated.

This session will examine how the funding is being allocated and lessons learned from contaminated land remediation case studies.

5:00

Kinji C. Bourchier Partner Lawson Lundell LLP

• Seeking compensation from a third party for costs incurred during the prevention or remediation of damage • Actions for recovering costs when the third-party is insolvent or no longer operating 3:30 | Break

Lessons Learned from Legacy Uranium Mine Remediation on Crown Land David Sanscartier, P.Eng, PhD Project Engineer Saskatchewan Research Council (SRC) 5:30

Closing Remarks from the Co-Chairs

3:45

CASE STUDY: Risk Management of Light Non-Aqueous Phase Liquid (LNAPL) at Kraut Point Small Craft Harbour, Nova Scotia Derek AuCoin Senior Environmental Specialist Public Services and Procurement Canada Roxanne MacLean, P.Geo Senior Environmental Officer, Regional Office of Environmental Coordination (ROEC) Fisheries and Oceans Canada A look at the government process and remediation of Light Non-Aqueous Phase Liquid (LNAPL) at Kraut Point Small Craft Harbour, Riverport, Lunenburg County, in Nova Scotia.



• Managing a Federally Contaminated Site as outlined in the Decision Making Framework • Considerations for Development of a Remediation/Risk Management (RM) Strategy • Implementing the Light Non-Aqueous Phase Liquid (LNAPL) Framework as part of the RM Strategy

Register Now

CanadianInstitute.com/ContaminatedSites • 1 877 927 7936

Join Our Email List to Stay Connected SIGN UP TO RECEIVE EXCLUSIVE DISCOUNTS, OFFERS AND PROGRAM UPDATES CanadianInstitute.com/elist/

Part of C5 Group’s LEGAL GLOBAL SERIES

C5 GROUP’S VIRTUAL EVENTS

Join Us Virtually this April!

Our new virtual events continue to be guided by our unifying philosophy: we believe that growth and success occurs when the power of people and the power of information come together. We may not be able to gather in person, but nothing stops connection and innovation.

As the current global situation continues to unfold, we understand that it may not be possible to attend our events in person.

At the same time, we also understand that collaboration is more vital than ever and for that, you can still rely on CI to bring the industry together but in a different way. We are transforming quickly to ensure you can now connect virtually and continue to gain unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise.

Participate in Meaningful Networking Enjoy an Easy to Use, Dynamic Online Platform Immerse Yourself in Live Presentations and Panel Discussions Engage with Attendees and Speakers in an Interactive Format Meet 1-on-1 with Your Fellow Attendees For more information and answers to many of your questions, please visit:

CanadianInstitute.com/ContaminatedSites

About us:

The C5 Group, comprising American Conference Institute, The Canadian Institute and C5 in Europe, is a leading global events and business intelligence company.

For over 35 years, C5 Group has proVided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities.

Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.

Legal Accreditation

hands-helping BECOME A SPONSOR

EARN CPD

This one-day program can be applied towards 5 hours of annual Continuing Professional Development (CPD), required by the Law Society of Ontario. This program contains 1 Professionalism Hour(s).

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website.

Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at:

The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE.

The Canadian Institute.

SponsorInfo@CanadianInstitute.com

The same number of hours may be applied toward your continuing legal educational requirements in British Columbia.

CREDITS

For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

Looking to Register?

Contact our Customer Service Representatives: Brian Currie, The Canadian Institute

Yanette Ching, The Canadian Institute

Fadumo Omer, The Canadian Institute

Mark Parrish, The Canadian Institute



B.Currie@CanadianInstitute.com



Y.Ching@CanadianInstitute.com



F.Omer@CanadianInstitute.com



M.Parrish@CanadianInstitute.com



1-877-927-0718 x7370



1-877-927-0718 x5499



1-877-927-0718 x7361



1-877-927-0718 x7207

Use Registration Code: B00-999-BCE21

Use Registration Code: B00-999-YCG21

Use Registration Code: B00-999-FOR21

Use Registration Code: B00-999-MPH21 CONFERENCE CODE:

PRICING

400L21-VRT

APPLICABLE TAXES WILL BE ADDED TO ALL REGISTRATIONS*

Special Rates**

$995

Regular Rates

$1095 To update your contact information and preferences, visit www.CanadianInstitute.com/preference-centre/.

Terms & conditions and refund/cancellation policies can be found at www.canadianinstitute.com/company/faq/.

© The Canadian Institute, 2021

Bringing a Team?

3-4

10% Conference Discount***

5+

Call 1-877-927-7936

* The amount of tax charged on your order will be determined based on the product type purchased and tax regulations. **Indigenous, Government and Non-Profits Price *** Team/group registrations must be from the same organization/firm and register together in one transaction.