Stanley Berger is certified by the Law Society of Ontario 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 member. 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.
OCTOBER 16 2019
Is an Election an Effective Substitute for The Public Consultation Process Under the Environmental Bill of Rights?
The short answer is no according to the majority reasons of the Ontario Divisional Court given on October 11, 2019 in Greenpeace Canada v. Minister of the Environment (Ontario), 2019 ONSC 5629...
SEPTEMBER 04 2019
What Should you Know About the Coming Into Force of the Impact Assessment Act?
As of the end of August 2019, Canada has a new environmental assessment regime — the Impact Assessment Act...
JULY 15 2019
City of Victoria's Plastic Bag Prohibition Held Invalid by B.C. Court of Appeal
On July 11, 2019 the B.C. Court of Appeal in Canadian Plastic Bag Association v. Victoria (City), 2019 BCCA 254 invalidated a City of Victoria by-law that would have prohibited businesses from providing or selling plastic bags to customers and further would have imposed fees to be charged for paper or other re-useable bags.
JULY 03 2019
Ontario Challenge to Federal Carbon Pricing Scheme Rejected by Court of Appeal - Where do we go from Here?
On June 28, 2019 the Ontario Court of Appeal rejected the Province of Ontario's constitutional challenge of the Canadian Government's carbon pricing legislation, determining that the law fell within the federal government's constitutional authority to make laws for the peace, order and good government of Canada and did not amount to a tax.
APRIL 26 2019
Ontario Moves to Update Provincial Environmental Assessment
On April 25th, 2019 the Environmental Registry https://ero.ontario.ca/notice/013-5102#proposal-details contained proposals for amending the Province's Environmental Assessment Act enacted 44 years ago in 1975.
MARCH 26 2019
Stan Berger speaks with The Lawyer's Daily about a recent Quebec Court of Appeal decision.
According to Stan, the significance of the decision is that they’re prepared to consider proportionality as a factor in the application of section 12 under the Charter, and not under a statute. For more details, read the article: Quebec Court of Appeal decision broadens fundamental rights for legal persons. Can be viewed here:
MARCH 07 2019
Charter Protection from Mandatory Minimum Fines May Offer Relief Where the POA Won't
A decision delivered on March 4, 2019 by the Québec Court of Appeal in 9147-0732 Québec Inc. v. Director of Criminal and Penal Prosecutions (2019) QCCA373 (CANLII) suggests that proportionality may have more sway under the Charter of Rights than under the Ontario Provincial Offences Act (POA) in providing relief from mandatory minimum fines...
DECEMBER 11 2018
The Ontario Court of Appeal Limits Relief from Mandatory Minimum Fines in Public Welfare Offences — Where do we go From Here?
The Ontario Provincial Offences Act R.S.O. 1990, CHAPTER P.33 (P.O.A.) provides relief from mandatory minimum sentences.
NOVEMBER 12 2018
Small Modular Reactors Roadmap Published Online by Natural Resources Canada
NOVEMBER 02 2018
What the October 2018 Decision on the Site C Dam Means for the "Taking-up" Clause in First Nations Treaties
The West Moberly First Nations were unsuccessful on October 24, 2018 (see 2018, BCSC 1835) in obtaining an injunction against B.C. Hydro and Power Authority from further construction and related activities on the Site C Project...
OCTOBER 25 2018
What Can be Done when a Regulatory Approval is Granted and than Withdrawn Following a Change in Government?
In Eagleridge International Ltd. v. Newfoundland and Labrador (Environment and Conservation) 2018 NLSC 180, following a change of government, the new Minister of Environment and Conservation withdrew approval for the construction of a gravel road intended to facilitate mineral exploration on lands for which mining licences were held and ordered that the project be subject to a full environmental assessment (EA).
OCTOBER 12 2018
What Does the Hague Court Of Appeal's Decision in Urgenda Mean for Carbon Emission Regulation in Canada?
The Action On October 9, 2018 the Court of Appeal in the Hague, Netherlands upheld the District Court's order that the State of the Netherlands reduce CO2 emissions by 25% relative to 1990 levels by the end of 2020...
OCTOBER 10 2018
What Level of Information Does a Proponent Need to Start an Environmental Assessment?
The simple answer is: sufficient information for the regulatory authority to be satisfied they can proceed to evaluate their decision to grant authorization...
SEPTEMBER 14 2018
Preface, 12th Edition of Key Developments in Environmental Law
SEPTEMBER 07 2018
Divisional Court Upholds Tribunal Decision that the Ministry May Order Current And Former Owners, and Tenants to Delineate Contamination that has Migrated Off-Site
On September 4, 2018, Ontario's Divisional Court released its decision in Hamilton Beach Brands Canada, Inc. v. Ministry of the Environment and Climate Change, 2018 ONSC 5010, dismissing an appeal of a September 1, 2017 decision of Ontario's Environmental Review Tribunal (Hamilton Beach Brands Canada Inc. v. Ontario (Environment and Climate Change), 2017 CanLII 57415 (ON ERT)) in which the Tribunal upheld the Ministry's jurisdiction to order current and former owners and tenants of a contaminated property to delineate contamination that has migrated to off-site properties...
AUGUST 15 2018
Corporate Veil Lifted In Regulatory Prosecution - Substantial Fine Recoverable From Individual Not Charged
In R. v. 1137749 Ontario Ltd. (operating as Pro-Teck Electric) 2018 ONCJ 502, an appellate court lifted the corporate veil and imposed total fines of $430,000 on the sole shareholder, officer and director of the company, one Antonio Merante, for safety violations under the Electricity Act S.O. 1998, c.18...
AUGUST 02 2018
Environmental Consultant's Disclaimer of Liability to Vendor Effective Against Third Party Purchaser
On July 23, 2018 the Court of Appeal for Newfoundland and Labrador in the case of Community Mental Health Initiative Inc. v. Summit Lounge Ltd. 2018 NLCA 42 upheld summary judgment dismissing a purchaser's claim against two engineering companies (consultants) alleging negligence in the conduct of a Phase 1 Environmental Site Assessment performed for the vendor.
JULY 23 2018
Provincial Mining Exploration and Reclamation Permits Withstand Federal Rejection of Project Under CEAA 2012
On June 22, 2018 the B.C. Supreme Court in Canada (Canadian Environmental Assessment Agency) v. Taseko Mines Limited 2018 BCSC 1034 took a narrow view of the scope of federal environmental assessment, leaving it open to the Province of B.C. to authorize preliminary work in relation to a gold-copper mine project which had failed to obtain federal environmental assessment approval...
MAY 15 2018
NAFTA Decision Challenging Canadian EA of Nova Scotia Quarry Project Upheld by Federal Court
MAY 08 2018
Dominant Purpose Test In Solicitor Client Privilege Harder To Meet Now
Now that the Supreme Court of Canada has denied leave to appeal in Suncor Energy Inc. v. Alberta (2017) 415 D.L.R. (4th) 499 (Alta C.A.) it will be harder to establish solicitor-client privilege in relation to documentation which was used in litigation...
APRIL 02 2018
Court Rejects Environmental Consultant's Third Party Claim Against Prior Owners/Occupants
On March 22, 2018 the Ontario Superior Court of Justice in MVL Leasing Ltd. v CCI Group Inc. 2018 ONSC 1800 granted Rule 21 motions striking third party claims brought by an environmental consultant who was being sued by a purchaser of property for professional negligence and breach of contract...
FEBRUARY 09 2018
New Federal Impact Assessment Act
The Canadian Government announced yesterday that they are proposing new rules for conducting environmental assessments to Parliament...
JANUARY 26 2018
Introducing An Environmental Expert's Opinion on Judicial Review
On January 18, 2018 the Nova Scotia Supreme Court in Sorflaten v. Nova Scotia (Environment) (2018) NSSC 7 refused to admit the expert opinion of Dr. Douglas J. Hallett, a toxicologist, relating to certain environmental aspects of a Ministerial approved pilot project for burning recycled tires as fuel at a cement plant owned by Lafarge Canada...
JANUARY 04 2018
In A Spill Both The Carrier And The Receiver Are Potentially Targets For Prosecution
Two plea bargains concluded in 2017 by the Ontario Ministry of Environment and Climate Change, one on February 27 for Trimac Transportation Services Inc., and the second on November 22 for Lafarge Canada Inc.
DECEMBER 14 2017
Sunrise Propane Appeals Against Conviction and Fines Dismissed
Another chapter in the saga of Sunrise Propane came to a close at the end of November when the Ontario Superior Court dismissed all appeals under environmental and occupational health and safety laws from the convictions and fines totalling more than 5million dollars.
NOVEMBER 27 2017
Stan Berger discusses rising legal concerns around flooding with Law Times
Stan Berger is quoted in the Law Times article discussing rising legal concerns around flooding. According to Stan, “The major challenge when you’re a practitioner in this area is the co-ordination of various levels of authority.”
OCTOBER 27 2017
Ontario Today Releases Its Long-Term Energy Plan (LTEP): The Focus On Nuclear
With all the fanfare about renewable energy, the report released by the Ontario Government on October 26, 2017, is illuminating...
OCTOBER 11 2017
Managing Prosecution Risk When Regulators Issue Permits Or Orders
A recent decision from the Yukon Territorial Court is a reminder of how important communication between the regulator and the regulated can be...
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.
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...
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)...
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)...
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...
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...
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 Commission (TTC) drug and alcohol testing Policy...
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...
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...
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...
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...
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.
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.
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.
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...
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
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.
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
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 nuclear suppliers.
Freedom of Information and Privacy Commission
- Representation before Freedom of Information and Privacy Commission
- Defence of waste management companies
First Nations Partnership
- First Nations partnership with renewable energy developers.
- 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.
- Canadian Bar Association, Policy Committee 2019
- International Nuclear Law Association (INLA), President 2008-200
- Canadian Nuclear Law Organization, Founder and President 2008-2015
- 2017 Ian Greene book prize for Outstanding Academic Achievement,York University
- 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
- Board member, policy committee member Justice for Youth and Children, 2005-2007
- York University, LL.M Masters in Public Policy, Administration and Law, 2017
- Ontario Bar, 1981
- McGill University, LL.B Honours, 1979
- McGill University, BCL Honours, 1978 (Max Crestohl Prize for written contribution to McGill Law Journal)
- 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.