2A – Environmental Due Diligence for Managers and Supervisors


2018 Preliminary Course Description

Environmental due diligence has become the indispensable “gold standard” whereby owners, managers and supervisors can defend themselves against a myriad of environmental litigation risks from a variety of sources: ministry investigators, neighbours, NGOs, and even rival businesses. Attend this course to receive an insider’s guide to how best to demonstrate and document your organization’s due diligence and successfully defend the reputation of its owners, officers and employees.

Course Chair

Jack D. Coop, Partner, Fogler, Rubinoff LLP


9:00 AM

Nuisance, Neighbours and NGOs: Navigating your safe passage through the legal minefield

  • Canadian environmental law affecting your organization
  • Notable cases, class actions and orders
  • Avoiding Civil Actions by neighbors and regulatory action by government

Good defences make good neighbours: Strategies to avoid civil liability and orders

  • When will neighbours challenge your approvals, and how
  • What practical strategies can you employ to defuse your neighbours’ concerns
  • How can you effectively communicate with neighbours and NGOs
  • How can you keep the MOECC “on side” despite neighbours’ and NGOs objections
  • Case histories and the lessons they teach us

Stopping a prosecution before it starts: Fostering good relations with the MOECC (part 1)

  • Describing an organization striving for standards of excellence
  • Open and thorough communication followed up with confirmation in writing
  • Working with the Ministry’s Compliance Policy
  • Avoiding incriminating consultants’ reports
  • Practices to manage the Ministry’s demands for information

Stopping a prosecution before it starts: Fostering good relations with MOECC (part 2)

  • Establish an Environmental Management System
  • Understand the regulatory requirements regarding timelines, actions and reporting
  • Take on “reasonable care”
  • Be proactive


Stopping a prosecution before it starts: Best management practices are also the best defence strategy

  • Lawyer’s view:
    • What is environmental due diligence?
    • How it helps defend the actions/inactions of companies and individuals
    • Importance of due diligence by CEOs, supervisors and managers
    • Case histories illustrating where best practices have resulted in acquittal/lenient sentencing, etc.
  • Ministry’s view:
    • Where managers go wrong – common pitfalls
  • Consultant’s / manager’s view:
    • Systems for demonstrating and documenting environmental due diligence
    • How does it help with prioritizing management decisions?
    • Utilizing EMS best practices and methodologies

Working through common due diligence scenarios: Panel discussion and audience Q and A

  • Featuring lawyer, MOECC investigator/prosecutor, and EMS consultant
  • Panel poses scenarios; asks audience “what should you do to avoid liability?
  • Audience invited to offer scenarios: asks panel – what should I do?

Due diligence checklist for senior managers

  • A ‘take away’ due diligence checklist for senior managers

5:00 PM

End of session


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