2A – Environmental Due Diligence for Managers and Supervisors
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.
Jack D. Coop, Partner, Fogler, Rubinoff LLP
Nicholas Adamson, Ministry of the Environment and Climate Change (MOECC) | Michael Atlas, Toronto Transit Commission | Warren Croft, GHD | Albert Engel, Fogler, Rubinoff LLP | Tom Baumgarten, Golder Associates
Course begins 9 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
Jack Coop, Fogler, Rubinoff LLP
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
Albert Engel, Fogler, Rubinoff LLP and Michael Atlas, Toronto Transit Commission
Stopping a prosecution before it starts: Fostering good relations with the MOECC
- 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
Albert Engel, Fogler, Rubinoff LLP
Stopping a prosecution before it starts: Fostering good relations with MOECC
- Establish an Environmental Management System
- Understand the regulatory requirements regarding timelines, actions and reporting
- Take on “reasonable care”
- Be proactive
Warren Croft, GHD
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
Jack Coop, Fogler, Rubinoff LLP, Nicholas Adamson, Ministry of the Environment and Climate Change and Tom Baumgarten, Golder Associates
Working through common due diligence scenarios: Panel discussion and audience Q&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?
Albert Engel, Fogler, Rubinoff LLP, Nicholas Adamson, Ministry of the Environment and Climate Change and Tom Baumgarten, Golder Associates
Due diligence checklist for senior managers
- A ‘take away’ due diligence checklist for senior managers
Jack Coop, Fogler, Rubinoff LLP