3C – Environmental Due Diligence for Supervisors and Managers
April 30 – Taking place in-person
Course Description
A successful due diligence defence is key to responding to environmental prosecutions and regulatory enforcement.
This practical, case study-based course reviews key tips and common pitfalls in responding to environmental investigations and enforcement actions. Presentations will explore recent trends and emerging issues in environmental prosecutions and compliance oversight.
Attendees will gain practical information on how to best demonstrate and document their organization’s due diligence and successfully defend the reputation of its owners, officers and employees.
Course Chair
Guest speakers
- Alessia Petricone-Westwood, Partner, Willms & Shier Environmental Lawyers LLP
- James Power, B.A.(H), EP, EP(CEA), Senior Project Manager, BlueFrog Environmental Consulting
- Greg Fullarton, C.E.T., EP, (EP)CEA, LTRP, President, Fulco Environmental Inc.
April 30 – Course begins 9 AM
Course Agenda
The course begins with an engaging walk through of when and how environmental liability arises in the context of environmental regulators’ exercise of extensive statutory powers to investigate and then prosecute alleged violations of environmental laws. Our speakers will explain at a high-level the meaning of environmental regulatory liability before exploring key differences between regulatory inspections and investigations. Then, our speakers will turn to the laying of charges by the Crown, pre-trial procedures and what all is involved in going to trial when resolution between the Crown and the alleged offender is not possible.
Our speakers will focus on the shifting burden of proof on the Crown and then on defendants including key defences that may be available to companies and individuals charged with environmental offences. In our review of available defences, our speakers will focus on the legal meaning of ‘due diligence’ and guidance from Courts across Canada about what it takes for a defendant to make out a successful environmental ‘due diligence’ defence at trial. Our discussion in the morning will lay the groundwork for our technical discussion in the afternoon focused on environmental management systems, standard operating procedures, training, audits, and environmental plans, all of which are integral components of a successful due diligence program.
Environmental Liability
Inspections/Investigations/Search Warrants
- R v Jarvis
- R v Ling
- R v Nolet
- R v Marathassa
Laying Charges
Court Appearances
Judicial Pre-Trial
Settlement Process
Trial
- Crown’s Burden of Proof
- Acquittal or conviction
- Legal defences
- The defence of due diligence
Sentencing Upon Conviction and Implications of Conviction
Case Law Updates – Increasing Fines, Court Orders, and Jail Terms
Due Diligence
A technical deep dive into key components of a robust due diligence program, including:
- Environmental Management Systems
- Standard operating procedures
- Training
- Environmental Plans/Studies/Approvals
- Spill response plans
- Emergency plans
- Air and noise assessments
- Environmental approvals/permits
- Environmental Compliance Auditing
- How do environmental consultants fit in?
- To ISO or not to ISO?
- Document, Document, Document! Why is this Important?
- Best Management Practices
- Cycle of Continuous Improvement
- Plan, do, check and act
Course ends 4:30 PM
EVENT SCHEDULE
8 AM: Registration opens
9 AM: Courses begin
12 PM: Lunch
5 PM: Courses finish