At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Stanley Berger

Partner

PROFILE

Stanley Berger is certified by the Law Society of Upper Canada as a specialist in environmental law. He was called to the Ontario Bar in 1981. He joined the law firm of Fogler Rubinoff on July 4, 2013. Stanley was the founder of the Canadian Nuclear Law Organization and served as its President between 2008-2015, and remains a board memeber. He is also is a former President of the International Nuclear Law Association. He has taught nuclear law for the Nuclear Energy Agency in France and is an adjunct professor for York University's Professional Master’s Degree in Energy. Stanley is the author of a quarterly publication entitled "The Prosecution and Defence of Environmental Offences" and edits an annual review of environmental law.

Stanley represents suppliers and operators in the nuclear industry on nuclear liability, regulatory and supply chain issues. He provides legal advice to the Nuclear Waste Management Organization. Other clients include the CANDU Owners Group and a large Ontario municipality. His environmental practice includes litigation before courts, boards and tribunals, as well as solicitor's work on behalf of renewable energy companies, landowners and waste management entities. He represented a First Nation on regulatory matters relating to a renewable energy project. His practice also includes the protection of proprietary information on applications before Ontario's Freedom of Information and Privacy Commission.

Before joining Foglers Stanley served for 14 years as Assistant General Counsel to Ontario Power Generation Inc (OPG). In that capacity he provided legal services on licensing, environmental assessment, regulatory compliance, liability, security, decommissioning and waste management to the Nuclear Division of OPG.  He also defended the Company on environmental matters relating to the hydro-electric and fossil divisions.  Stanley provided strategic legal advice and representation on aboriginal litigation and participated in First Nation settlement negotiations.

Prior to joining OPG, Stanley served as Deputy Director of the Law Division for Prosecutions for the Ontario Ministry of Environment.  In that capacity he managed the prosecution staff and helped shape prosecution policy.  He appeared before appellate and trial courts and tribunals in Ontario and chaired a multi-stakeholder committee which reported to the Minister on the use by Ministry enforcement officials of environmental audits.

He is in the final semester of a Masters degree in Public Policy, Administration and Law at York university.

 

Publications

SEPTEMBER 08 2017

Environmental Review Tribunal Gives Ministry Broad Preventative Powers Over Migrating Contamination

On September 1, 2017, the Ontario Environmental Review Tribunal in the matter of Hamilton Beach Brands Canada Inc. et al. v. the Director, Ministry of the Environment and Climate Change made a preliminary ruling that the Director had jurisdiction to make an order under s.18 of the Environmental Protection Act (EPA) requiring a person who owns or owned, or has or had management or control of a contaminated undertaking or property to delineate contamination that had already migrated to off-site properties.

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JULY 27 2017

Supreme Court Of Canada Affirms That Rigorous Regulatory Processes Can Fulfill Crown's Duty To Consult With First Nations

On July 26, 2017 the Supreme Court of Canada clarified in two decisions, both involving National Energy Board (NEB) approvals, that the Crown may discharge its duty to consult with First Nations through steps taken by a regulatory agency, providing that agency's statutory duties and powers enable it to do what the duty to consult requires...

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JULY 26 2017

Application For Limestone Quarry Licence Set Aside For Failure To Have 'Meaningful Conversation' With First Nation

In a decision released by the Ontario Divisional Court on July 14, 2017, the Saugeen Ojibway First Nation (SON) was successful in challenging a limestone quarry licence issued by the Minister of Natural Resources and Forestry to the Proponent T&P Hayes Ltd. (citation: Saugeeen First Nation v Ontario (MNRF), 2017 ONSC 3456)...

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JULY 17 2017

Federal Discussion Paper On Environmental And Regulatory Reviews

Consistent with my comments offered in May of this year when the Expert Panel Report on the review of environmental assessments (EA) was released, the Federal Government's June Discussion Paper on Environmental and Regulatory Reviews has carved out a larger role for the Canadian Nuclear Safety Commission (CNSC) and the National Energy Board (NEB)...

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JUNE 07 2017

Canada ratifies convention on supplementary compensation

On Wednesday June 6, 2017 the Permanent Representative of Canada to the International Atomic Energy Agency (IAEA), Ambassador Mark Bailey, delivered the instrument of ratification to IAEA Director General Yukiya Amano at a ceremony at IAEA Headquarters in Vienna, Austria...

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MAY 19 2017

The Prosecution and Defence of Environmental Offences

The 63rd release of Stan Berger’s quarterly loose-leaf The Prosecution and Defence of Environmental Offences has been release by Thomson Reuters.The publication examines all aspects of environmental offences in Canada and draws on case law and directives from across the country, the U.S. and Europe, and key regulatory guidance documents used at both the provincial and federal levels.

 

APRIL 12 2017

Expert Panel Releases Its Review Of Canada's Environmental Assessment Process

On April 5, 2017 the Federal Minister of Environment and Climate Change received her report from an expert panel of four, comprised of three lawyers with significant environmental and aboriginal law experience as well as a retired senior executive of a resource company...

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APRIL 05 2017

Fitness For Duty In The Nuclear Industry : Ontario Court Denies Injunction Restraining Random Drug And Alcohol Testing

On April 3, 2017 (ONSC 2078) Ontario Superior Court Judge Frank Marrocco denied the Amalgamated Transit Union Local 113 an interlocutory injunction restraining implementation of random drug and alcohol testing of members of the Local until the completion of an arbitration hearing into the validity of the Toronto Transit Commision (TTC) drug and alcohol testing Policy...

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MARCH 20 2017

Stanley Berger Shares his Perspective with Law Times

Stanley Berger shared his perspective with Law Times  in the article "Company Found Liable for Contamination" which discussed the recent Ontario Superior Court decision Huang v. Hillary's Limited. According to Stanley, the implications of the decision could be significant for compensation orders in prosecutions related to historic contaminations.

MARCH 10 2017

Statutory Right To Compensation For Remediation Applies To Spills Occurring Before The Right Was In Force

On March 6, 2017 Superior Court Judge P.E. Roger ruled in Huang v. Fraser Hillary's Ltd., 2017 ONSC 1500 that section 99 of Ontario's Environmental Protection Act R.S.O. 1990, c.E19 allowed the plaintiffs to recover compensation against a neighbouring dry cleaning business for remedial expenses for the tetrachloroethylene ( PCE,PERC) and trichlorethylene (TCE) contamination of soils and groundwater on the plaintiff's property...

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FEBRUARY 08 2017

Cap And Trade Auction Date Announced

Auction Date: The March 2017 Ontario Auction #1 is scheduled to take place on March 22, 2017 from 1:00 PM Eastern Time (ET) until 4:00 PM ET...

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DECEMBER 20 2016

Key Developments in Environmental Law 2016

Edited by Stanley Berger, Key Developments in Environmental Law 2016  provides expert insight into the landmark environmental law issues of the past year. The publication is an insightful collection of articles and includes: Federal Environmental Assessment Law: Two Nuclear Projects Clarify the Decision Makers’ Discretion, by Stanley Berger and Patents in Environmental Technology, by Eugene F. Derényi.

 

NOVEMBER 22 2016

Access To Hazard Risk Assessment Report Denied On Basis Of Financial, Commercial And Security Concerns

Decision and Implications On October 13, 2016 the Saskatchewan Queen's Bench in Consumers' Co-operative Refineries Ltd.(CCRL)  v. the City of Regina  2016 SKQB 335 held that information in a major instance hazard assessment report, prepared by Marsh Risk Consulting so that CCRL could obtain approvals from the City and the Ministry of the Environment (MOE) to expand its refinery, should not be publicly disclosed. CCRL had appealed decisions by both the City and the MOE to release redacted versions of the hazard assessment report to a journalist under both the Local Authority Freedom of Information and Protection of Privacy Act SS 1990-91, c L-27.1 and the Freedom of Information and Protection of Privacy Act SS1990-91 c F-22. These statutes, dealing with the rights and obligations of the City and MOE respectively, mirror access legislation both federally and in other provinces around the country...

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SEPTEMBER 29 2016

Ontario Ministry of Environment Risks Liability Once it Becomes Involved in Remediation Decisions

On September 16, 2016 the Superior Court of Ontario in Swaita v. The Queen (Ministry of Environment ) (2016) ONSC 5785 dismissed the Crown's motion to strike a statement of claim and action arising out of a spill involving the release of approximately 9000 litres of petroleum on Shell property, 100 feet from the plaintiff's property...

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AUGUST 17 2016

Cap and Trade is Coming to Ontario Is Your Business Ready?

The Province of Ontario is introducing a Cap and Trade Program over the next few months to address climate change. If you own or operate a facility generating more than 10,000 tonnes of carbon dioxide emissions (CO2), you need to be aware of some very firm and imminent deadlines and their potential impact on your business.

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JUNE 28 2016

Ont. Court Of Appeal Confirms City Can't Substitute A Different Access/Transport Route For One Specified In REA

On September 1, 2015 we reported in Fogler's Environmental and Energy Newsletter that the Ontario Divisional Court in Wpd Sumac Ridge Wind Inc. v. Corp. of the City of Kawartha Lakes 2015 ONSC 4164 quashed a resolution passed by the City.

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APRIL 28 2016

Supreme Court of Canada Upholds EA for Darlington Nuclear New Build

Despite a dissenting opinion in the Federal Court of Appeal, the Supreme Court of Canada today denied leave to appeal the Federal Court of Appeal's September 10, 2015 decision.

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MARCH 22 2016

Sentencing Reasons Just Released in Sunrise

On January 25, 2016 Ontario Court Judge Chapin fined Sunrise Propane Energy Group - the operator, a numbered company - the holder of the lease, the insurance policy and the licence under the Technical Safety and Standards Authority, and two directors of the company, a total of $5.3 million for a propane gas explosion...

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NOVEMBER 30 2015

Nuclear Waste Repository Decision Postponed

NOVEMBER 30 2015

Ontario Court of Appeal: Statutory Claim for Damages for Cost of Remediation Not Precluded

NOVEMBER 02 2015

Limitation of Actions for Environmental Contamination: Discoverability

LIMITATION OF ACTIONS FOR ENVIRONMENTAL CONTAMINATION: DISCOVERABILITY

 

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OCTOBER 13 2015

"Justification" under CEAA 2012

OCTOBER 06 2015

UTILITY RATE REGULATORS GIVEN GREATER DISCRETION

SEPTEMBER 15 2015

DUTIES OF ABORIGINAL CONSULTATION AND ACCOMODATION

TWO RECENT FEDERAL COURT DECISIONS ON OIL AND GAS AND HYDRO-ELECTRIC DEVELOPMENT PROJECTS REFINE DUTIES OF ABORIGINAL CONSULTATION AND ACCOMMODATION.

 

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SEPTEMBER 14 2015

DARLINGTON NUCLEAR NEW BUILD ENVIRONMENTAL ASSESSMENT FULLY RESTORED ON APPEAL

SEPTEMBER 09 2015

IN CHEVRON, SUPREME COURT UPHOLDS

SEPTEMBER 01 2015

City Can't Substitute A Different Access/Transport Route for One Specified in REA

AUGUST 04 2015

Valuing Contaminated Land When Remediation Costs are Distant

JULY 14 2015

CONSTRUCTION PROJECT MANAGER GUILTY OF CRIMINAL NEGLIGENCE IN SCAFFOLDING COLLAPSE

MAY 14 2015

Environmental & Energy Law

APRIL 30 2015

Environmental & Energy Law

APRIL 13 2015

Environmental & Energy Law

FEBRUARY 09 2015

Environmental & Energy Law

Representative Work

Defence of Biogas facilities before the Normal Farm Practices Protection Board

  • Defence of Biogas facilities before the Normal Farm Practices Protection Board

Nuclear Waste Management Organization

  • Nuclear Waste Management Organization

CANDU Owners Group

  • General advice to the CANDU Owners Group

Nuclear Liability Insurance and Indemnity Agreements

  • Drafting indemnity agreements for nuclear operators and suppliers.
  • Regulatory advice to neclear suppliers.

Freedom of Information and Privacy Commission

  • Representation before Freedom of Information and Privacy Commission

Brownfields

  • Brownfields

Waste Management

  • Defence of waste management companies

First Nations Partnership

  • First Nations partnership with renewable energy developers.

Publications

  • Author of the loose leaf service, published four times a year by Thomson Reuters entitled “The Prosecution and Defence of Environmental Offences
  • Editor of the annual environmental review entitled “Key Developments in Environmental Law” Thomson Reuters/Canada Law Book
  • Lessons Learned from 2013-2014 Deep Geologic Repository (DGR) Proceedings in Kincardine, Canada :Key Developments in Environmental Law 2014, chapter 3
  • Deep Geologic Repository for Nuclear Waste The Canadian Joint Review Panel Submits its Report and Concludes There’s No Environmental Obstacle to Proceeding, Key Developments 2015,  chapter 7
  • Associate Editor of the Canadian Environmental Law Reports. Thomson Reuters/Canada Law Book.
  • Environmental Law Developments in Nuclear Energy, 81 vol.2 Nuclear Law Bulletin, p.55 OECD/NEA, Paris; Environmental Law, The Year in Review 2007 page 17 ed. Berger & Saxe, Canada Law Book , Aurora, Ontario
  • Law Commission of Ontario Report Into Administrative Monetary Penalties for Parking Infractions http://www.lco-cdo.org/en/provincial-offences-call-for-papers-berger. Included in Modernization of the Provincial Offences Act Final Report of Law Commission of Ontario, August 2011
  • The Regulatory Framework for Financing Decommissioning/Long Term Nuclear Waste Management in Canada, National Environmental Energy and Resources Law Summit, Canadian Bar Association , April 27-28 2007 Montreal
  • Particularizing the Responsible Persons in Corporate Environmental Crime, Environmental Law, The Year in Review 2006, Berger & Saxe, Canada Law Book, Aurora.

Memberships

  • Graduate Studies York University Masters Program in Public Policy, Administration and Law  
  • International Nuclear Law Association (INLA), President 2008-2009
  • Canadian Nuclear Law Organization, Founder and Prsident 2008-2015
  • Canadian Bar Association

Awards

  • OPG 2011 President's Award for legal service in support of the Darlington Nuclear New Build hearing
  • OPG Performance Excellence and Customer Service Award, 2005 for legal service in support of the agreement with local municipalities in Bruce County for the deep geological repository for intermediate and low level nuclear waste

Community Work

  • Board member, policy committee member Justice for Youth and Children, 2005-2007

Education

  • Ontario Bar, 1981
  • McGill University, LL.B Honours, 1979
  • McGill University, BCL Honours, 1978 (Max Crestohl Prize for written contribution to McGill Law Journal)

Teaching

  • Lecturer - Environmental and Regulatory Law OECD/NEA International School of Nuclear Law at the University of Montpellier in France.
  • Stanley lectures at York University’s Master of Laws in Energy Law for Professionals.
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