Can't See the Forest for the Trees? Understanding the Environmental Issues in the Natural Resources Sector that can Arise During Bankruptcy(Archived Video Stream) 

Feb. 23, 2012
Toronto Online

This is the archived version of a program presented on February 23, 2012.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   

The economic challenges faced by some of the natural resources and related sectors in recent years, including in the mining and pulp and paper industries, have precipitated new and wide-reaching responses from environmental regulators. Regulators have interpreted, and exercised, their powers in ways that compel individuals and corporations to step into the shoes of an operating entity to address issues of potential environmental risk - in ways they do not expect. The scope of the government's initiatives with respect to potential abandonment of sites and/or bankruptcies raise significant issues for directors, officers and any corporate entity involved with the subject operation. This program will review some of the provisions relied upon by regulators, including a broad interpretation and application of what they understand their powers to be under the Environmental Protection Act. It will explain how unique features of the relevant appeal provisions operate to expose targets of the regulator's actions to unanticipated risks. It will further examine the role of such tools as assessments and financial assurances.

Alexandria Pike,
Davies Ward Phillips & Vineberg LLP

Lynn Mitchell,
Heenan Blaikie LLP
Robert Thornton, Thornton Grout Finnigan LLP
Danielle Meuleman, Counsel, Ministry of Environment, Legal Services Branch Faculty of Law, University of Toronto



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