ATLANTIC CANADA
CONTAMINATED SITES

This comprehensive two-day program focuses on legal developments in the regulation and clean-up of contaminated sites in Atlantic Canada, complemented by a variety of best practices and case studies that showcase leadership, innovation and environmental sustainability.

Experts will address a range of key issues, including:

• The current regulatory regime and judicial decisions for contaminated sites in Atlantic Canada
• Nova Scotia Environment’s proposed new regulatory framework for contaminated sites management
• New Brunswick’s comprehensive plan for Brownfield redevelopment
• The benefits of integrating end use planning and public consultation in the development and analysis of remedial and risk management options for contaminated sites
• Real estate transaction and environmental risks – due diligence and strategic considerations
• An overview of litigation arising from domestic fuel oil spills
• The liabilities of environmental consultants
• Brownfield redevelopment techniques and strategies
• The management of Brownfield redevelopment sites: pitfalls and opportunities
• The challenges and opportunities of private-sector brownfield redevelopment

PROGRAM CO-CHAIRS

David Henley
Partner
Stewart McKelvey

Michael Simms
Partner
McInnes Cooper

LUNCHEON KEYNOTE

Andrew H. Thalheimer, P.Eng., LEED AP
President
Environmental Services Association of Nova Scotia
Associate
Dillon Consulting Limited

MARKETING PARTNER

MEDIA PARTNER

MEMBER OF

• Environmental Lawyers and In-House Counsel
• Environmental Professionals and their Advisors in Manufacturing, Oil and Gas, Natural Resources, Chemical and Petro-chemical, and Regulatory Sectors
• Environmental Engineers, Planners and Consultants

• Municipal, Provincial and Federal Government Officers and Policy-makers
• Environmental Service Providers, Vendors, Purchasers and Developers of Brownfield’s and Other Contaminated Sites

Dear Colleague,

We are pleased to invite you to Insight Information’s ATLANTIC CANADA CONTAMINATED SITES conference. This comprehensive two-day program focuses on legal developments in the regulation and clean-up of contaminated sites in Atlantic Canada, complemented by a variety of best practices and case studies that showcase leadership, innovation and environmental sustainability.

Despite the challenging financial times, there continues to be momentum in land development in Atlantic Canada. Companies and their advisors will need to learn how to best manage the regulatory and liability issues arising from changes in contaminated sites/brownfields legislation and the manner in which environmental disputes are being resolved by courts and tribunals.

This conference provides a blend of regulatory analysis, commercial considerations, litigation issue awareness and technical information. Some of the issues that will be covered by our expert faculty include:

• A clear and concise outline of the regulatory framework for contaminated sites in Atlantic Canada
• Considerations for commercial property transactions
• Brownfield redevelopment techniques and strategies
• Responsibility and liability in respect of contaminated sites

You will leave this conference with insights into successful environmental and legal techniques plus strategies you can tailor to meet the needs of your community or your organization.

Please join us, your colleagues and esteemed faculty at this informative event that will help you achieve your management and business development goals. We look forward to your attendance and participation in Halifax.

Yours truly,

David Henley
Partner
Stewart McKelvey

Michael Simms
Partner
McInnes Cooper

FEBRUARY 28, 2011

8:00

Registration and Continental Breakfast

9:00

Co-Chair’s Opening Remarks

David Henley
Partner
Stewart McKelvey

9:15

Current Regulatory Regime for Contaminated Sites in Atlantic Canada

Michael Simms 
Partner
McInnes Cooper

• Reporting obligations
• Parties responsible for remediation
• Remediation obligations
• Implications of non-compliance
• Regulatory framework for contaminated site redevelopment

10:00

Networking Coffee Break

10:15

Nova Scotia Environment’s Proposed New Contaminated Sites Management Framework

Gordon Check
Project Leader, Contaminated Sites Regulatory Development
Nova Scotia Department of Environment

In this presentation, a proposed new draft regulatory framework for Contaminated Sites Management will be described. The proposed draft framework includes a number of new initiatives that are designed to improve contaminated sites management in Nova Scotia, better protect health and the environment and increase business opportunities surrounding contaminated land redevelopment and sale.

11:00

Management of Brownfield Redevelopment Sites

Gary Campbell 
President
Nova Scotia Lands Inc.

• Internal management processes
• Prioritization
• Treatment options and management
• Pitfalls and opportunities
• Responsibilities during a transaction

12:00

Networking Luncheon

Luncheon Keynote: Emerging Trends in the Environmental Sector

Andrew H. Thalheimer, P.Eng., LEED AP
President
Environmental Services Association of Nova Scotia

This keynote will provide an overview of emerging trends in the environmental sector including climate change adaptation, sustainability, renewable energy, clean tech, risk management and remediation, and how these issues may impact the prosperity of Nova Scotia.

1:15

CASE STUDY
Rehabilitation/Risk Management of the Government of Canada Jean Canfield Building Property, Charlottetown, PEI

Eric Parsons
Manager Site Assessment and Remediation, Environmental Services Atlantic
Public Works and Government Services Canada

The Jean Canfield Building is one of the most energy efficient buildings owned by Public Works and Government Services Canada. The building was constructed on a brownfield property in the downtown core of the city of Charlottetown. Schedule, budget and specific requirements for the building shaped the approach for dealing with the environmental issues on this property.

• Background
• Assessment and risk assessment
• Remediation action plan based on property end use
• Remedial and risk management approach
• Follow-up monitoring

2:00

Real Estate Transactions and Environmental Risks

Brian Tabor 
Partner
Stewart McKelvey

Keith Sutherland
Associate
Stewart McKelvey

• Due diligence checklist to limit risk and responsibility
• The impact of the discontinuance of business of the seller or of the change of use of a property
• Transaction of a contaminated site for redevelopment: strategic considerations
• Share of responsibilities of parties in regards to decontamination

3:00

Networking Refreshment Break

3:15

A Comprehensive Plan for Brownfield Redevelopment in New Brunswick

Gina Burtt, M.Sc., P.Eng., P.Geo.
Remediation Engineer, Impact Management Branch
New Brunswick Department of Environment

• Due diligence checklist to limit risk and responsibility
• The impact of the discontinuance of business of the seller or of the change of use of a property
• Transaction of a contaminated site for redevelopment: Strategic considerations
• Share of responsibilities of parties in regards to decontamination

2:00

Real Estate Transactions and Environmental Risks

Brian Tabor 
Partner
Stewart McKelvey

Keith Sutherland
Associate
Stewart McKelvey

Brownfields can be found in most New Brunswick communities. Through the remediation and redevelopment of existing brownfields, New Brunswick can address past environmental damage and reduce development pressure on pristine lands surrounding municipalities. The aim of this plan is to foster brownfield redevelopment efforts by improving New Brunswick’s contaminated site regulatory system, developing appropriate incentives for redevelopment, harmonizing New Brunswick’s approach with neighboring jurisdictions, and improving government’s brownfield educational and outreach initiatives.

4:00

Private-Sector Brownfield Redevelopment: Challenges and Opportunities

Pamela Kraft, MCIP RPP PLE
Development Manager
Kilmer Brownfield Management Limited

• Kilmer Brownfield Equity Fund – who we are, what we do
• Brownfield transactions: how we make a deal
  • what we look for (location, etc.)
  • what information we need
  • how we structure a deal

• Relationship between planning and environmental conditions and its impact on redevelopment plans
• Financial incentives to encourage and support brownfield remediation/redevelopment
  • the tools that many Ontario municipalities have in place
  • what works and what doesn’t from a developers standpoint
  • realty tax issues: current property tax regime is disadvantageous for brownfield redevelopment when compared to greenfield development

4:45

Conference Adjourns for the Day

MARCH 1, 2011

8:00

Continental Breakfast

8:45

Co-Chair’s Opening Remarks

Michael Simms
Partner
McInnes Cooper

9:00

Trends in Contaminated Sites Law Affecting Atlantic Canada

David Henley
Partner
Stewart McKelvey

Nathan M. Sutherland 
Associate
Stewart McKelvey

• A review of judicial decisions relating to contaminated sites identifying trends which affect Atlantic Canada
• Consideration of the Pearson v. Inco case in Ontario and other class action jurisprudence as it may develop in Atlantic Canada with respect to contaminated sites
• Lessons learned from contaminated sites jurisprudence

10:00

Networking Coffee Break

10:15

The Role of End Use Planning and Public Consultation in the Redevelopment of Brownfields

Gordon Smith, CSLA, MCIP
Landscape Architect, Planner
CBCL Limited

The benefits of integrating end use planning and public consultation in the development and analysis of remedial and risk management options for contaminated sites and other brownfields will be discussed. Methodologies for implementing a synergistic planning process, potential inputs and outputs of the planning and design process and potential pitfalls will be examined.

11:15

Litigation Arising from Domestic Fuel Oil Spills: An Overview

Joey D. Palov 
Partner
Cox & Palmer

This presentation will address commonly encountered features of cases involving domestic fuel oil spills:

• The potential causes of action and defences
• Recommended investigations with respect to liability, remediation, and damages
• Unique issues of damages
• Resolution strategies

12:00

Networking Luncheon

1:15

Liability of Environmental Consultants

Marc Dunning
Associate
Wickwire Holm

• Duty to report
• Disclosure and reliance letters
• Conflicts of interest
• Case law review
• How to limit liability

2:15

Networking Refreshment Break

2:30

Commercial Sites and the Challenges of Risk Management

Sean Cassidy, P.Eng.
Senior Environmental Specialist
Strum Environmental Services Limited

• Removing uncertainty
• Phased assessment (I/II/III); screening, prioritizing, assessing risks
• Continued site operation versus site decommissioning
• Land use changes
• Implementation of the Risk Management Plan
• Communications of responsibility and balancing of needs with respect to the Developer, Owner, Regulator, Property Manager, Consultant and Occupant
• Balancing profitability with risk management
• Rights of the worker/tenant
• Letter of law versus actual risk
• Common sense evaluation of risk versus regulatory evaluation of risk
• Buying/selling “risk managed properties”
• More stringent guidelines in future

3:30

Free Product Mobility and Recovery Techniques

Andrew H. Thalheimer, P.Eng., LEED AP
Associate
Dillon Consulting Limited

This presentation will review the nature of light, non-aqueous phase liquid (LNAPL) including how to characterize its mobility and recoverability, the distinction between residual and mobile (i.e., free product) LNAPL, the current regulatory framework around LNAPL, and how to address and/or manage LNAPL.

4:30

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.