Janet L. Bobechko

Profile

Janet is Chair of the firm’s Environmental Law Group.

Janet Bobechko is certified by the Law Society of Upper Canada as a Specialist in Environmental Law and is recognized by Lexpert as a repeatedly recognized practitioner in environmental law. Her practice involves all aspects of environmental law with a particular emphasis on environmental compliance issues arising from federal, provincial and municipal regulatory regimes.

Janet has experience dealing with all types of environmental issues relating to day to day manufacturing. She provides assistance regarding air approvals, waste management, importation of new substances into Canada, spills and the resulting regulatory and civil actions.

Janet advises clients on corporate social responsibility and sustainability matters. She is a part of the formal Advisory Group for sustainability applied 2012, sponsored by The Boom Centre for Sustainability (BLOOM).

As an original member of the Canadian Brownfields Network National Advisory Panel, a member of the Ministry of Municipal Affairs and Housing Brownfield Stakeholder Group and co-chair of ONEIA’s Brownfield Subcommittee, Janet continues her active involvement in developing strategies for clean-up of legacy contaminated sites, including Brownfield Development, and environmental indemnity and insurance issues.

Janet acted as counsel for a Ministry of Environment Provincial Officer at the Walkerton Water Inquiry and related proceedings and has continued to have an active practice relating to issues arising from the Safe Drinking Water Act and source water protection plans.

Janet also provides advice to Boards of Directors regarding environmental compliance, corporate  governance and due diligence as well as corporate reporting strategies.

Representative Work

Environmental and Energy

• Acting for Sempa Power Systems Ltd for the sale of Carbon Emission Offsets to the Province of British Columbia’s Pacific Carbon Trust.
• Acting for a client negotiating operating approvals for a facility employing 700 people in the automotive industry.
• Counsel to ABB Inc. in connection with environmental matters relating to manufacturing operations, PCB storage, divestitures and legacy site management.
• Represented Ministry of the Environment provincial officer at Walkerton Inquiry into deaths by contaminated town water supply.
• Janet advises clients in relation to corporate social responsibility and sustainability issues.
• Environmental compliance advice to a variety of companies such as Bank of Montreal, Schlumberger and Eaton Corporation.
• Advising a variety of clients in connection with
• the remediation and disposition of contaminated lands, including warranty, clean up, risk assessment, and other contract and tort claims.
• Acting as counsel on soil contamination claims, including contaminated development properties, service stations, industrial land and brownfield developments.
• Counsel to Salvation Army in a variety of contaminated land cases.
• Advise to companies on blue box, e-waste, recycling and the management of toxic substances.

Risk Management

• Preparation of environmental risk management programs for manufacturing and other clients
• Acting for national property management companies as environmental and risk management counsel 

Selected Publications & Presentations

• February 21, 2013, presented "Roof Top Solar Leases", at the International Council of Shopping Centers (ICSC) 2013 Canadian Law Conference in Toronto, ON
• February 7, 2013, co-presented “The Implementation of the Clean Water Act, 2006 - An Update”, at the Ontario Bar Association Institute 2013, “Environmental Law - Things You Thought You Knew About Environmental Law (But Actually Don’t)”
• December 3-5, 2012, spoke on “Environmental Due Diligence: Working with Environmental Consultants”, at the Environmental Compliance Essentials Conference hosted by Templegate in Mississagua, ON
• October 4-5, 2012, Moderator for "Provincial Initiatives and Evolution of Best Practices in Brownfields" workshop, Canadian Urban Institute's 2012 Canadian Brownfields Conference "Making Great Places", Niagara Falls, ON
• September 28, 2012, spoke on “What can we expect in Canada from CETA? A review of regional trade agreements and their impact” at CETA and its impact on global trade hosted by European Union Chamber of Commerce in Toronto
• September 20, 2012, spoke on “Compelling Environmental Disclosure and Investigations” at The Anatomy of Environmental Civil Action hosted by the Ontario Bar Association
• June 11-12, 2012, spoke on “Transfer of Liability” at Land Use, Regulation and Liability Transfer at Canadian Brownfields 2012 Workshop. Soil Management Panel, Chair
• May 2, 2012, Chair and Speaker at CANECT 2012 hosted by Environgate on “Spills Management & Compliance Course”
• April 30, 2012, Chair and Speaker at CANECT 2012, on “Living with the Frustration … Brownfield and Contaminated Sites - 10 Months later... hosted by Environgate
• April 4, 2012, spoke on “The Executive Update For Owners and Tenants: Five Trends And Issues In Sixty Minutes” at 6^th Annual Green Real Estate Conference hosted by Real Property Association of Canada and MMPI Canada
• February 23, 2012, spoke on “Drafting/Negotiating Environmental Provisions for High Risk Sites such as Gas Stations & Dry Cleaners” at 2012 ICSC Canadian Shopping Centre Conference Breakfast Roundtable hosted by ICSC
• February 9, 2012, “Crossroad in Environmental Law: Ground ‘Alerting’ Decisions and Charting a new Path for Environmental Approvals”, Chair, hosted by Ontario Bar Association
• January 30-31, 2012, Speaking on “Structuring and Negotiating of Purchase and Sale Agreements in Light of Environmental Issues” at the 6th Annual Environmental Deal-Breakers in Real Estate and Business Transactions hosted by Federated Press
• January 18-19, 2012, Speaking on “Environmental Concerns in Leasing” at the 12th Annual Commercial Real Estate Course hosted by Federated Press
• November 30 and December 1, 2011, Construct Canada and the National GreenBuilding Conference, Janet co-presented on "The Legal Implications of Going Green"
• November 15, 2011, Envirogate - Environmental Due Diligence, Janet spoke on "Compliance with Regulatory Requirements" hosted by Envirogate
• October 18, 2011, Toronto Construction Law Premier - Proactive Strategies for Success in Uncertain Times, Janet spoke on "Managing Risk for Opportunities in Current Markets" hosted by MMPI Canada
• October 17, 2011, Janet spoke and prepared a paper at The Six Minute Environmental Lawyer 2011 on Vendor’s Liability Protection hosted by The Law Society of Upper Canada
• June 15, 2011, Chaired Ontario Bar Association program called After Fukushima: Nuclear Law Update
• June 9-10, 2011, Spoke on Toxics Reduction/Pollution Prevention: Catalyst for Reducing Business Risks and Enhancing Business Value at the Sustainability Applied 2011 conference, hosted by Ontario Centre for Environmental Technology Advancement (OCETA)
• June 6, 2011, quoted in the article "Changes to Ontario's Brownfields Regulation Coming July 2011", published in HAZMAT Magazine
• May 25-26, 2011, 4th Brownfields Redevelopment Course, Federated Press, speaking on Brownfields and Liability
• May 16-18, 2011, 19th Annual Canadian Environmental Conference & Tradeshow (CANECT), chair and speaker (May 16 - Brownfields: The New Rules) and (May 18 - Emergency and Spills Response)
• April 5, 2011 - Roundtable Chair for ONEIa Environment Industry Day 2011
• February 24-25, 2011, 2011 ICSC Canadian Shopping Centre Conference (Breakfast Roundable), speaking on Environmental Law 101 - Please Just the Basics
• February 3, 2011, Ontario Bar Association Institute 2011, Environmental Law, Air, Soil and Waste Issues, a Year of Many Changes Put Into Context, Chair
• February 1-2, 2011, 4th Environmental Deal Breakers in Real Estate and Business Transactions Course, Federated Press, speaking on Environmental Due Diligence
• February 2011, “Looming Election Limits Time to Address Turbine Setback Issue”, published in Environment Policy and Law, volume 21, No. 11
• Canada Chapter in PLC Cross-border Environment Handbook 2010/11, published by Practical Law Publishing Limited, co-authored with Ralph Cuervo-Lorens, September 2010
• June 22&23, 2010, Ontario’s Brownfields Regulatory Summit, speaking on “How to Navigate the Ins and Outs of Transitional Provisions”
• June 17&18, 2010, The Canadian institute’s 9th Annual Advanced Forum on Insurance Coverage Disputes, speaking on “Clearing the Air on Environmental & Pollution Exclusion Clauses: What’s New? What’s Covered? What Isn’t?”
• May 3-5, 2010 - CANECT 2010 - chairing Brownfields session on May 3 and speaking on “Overview of O. Reg 511/09 Reform Initiatives”; May 4, participating in Remediation session expert panel; May 5, chairing Spills morning session, speaking on “Key Components of the New Spills Regulations: New Reporting Thresholds; Environmental Penalties, etc.”
• Participating in webinar on April 21 - Federated Press - 3rd Environmental Deal Breakers, April 28-29, 2010
• Presentation: ICSC, speaking on “Environmental Lease Provisions/Insolvent Tenants: Landlord’s Rights and Remedies”, February 25-26, 2010
• Presentation: Provincial/Municipal Government Liability, Canadian Institute, speaking on “Identifying and Reducing Your Exposure to Environmental Liabilities”, February 9-10, 2010
• Presentation: Speaker, 8th Commercial Real Estate Leases Course (Federated Press) - January 25-26, 2010. Speaking on on “Environmental Concerns in Leasing”
• Co-author, “Federal Government Passes Bill C-16: Environmental Enforcement Act”, Ontario Bar Association EnvroNews, Volume 19, No. 1, October 2009
• Presentation: Speaker, Environmental Law & Regulation conference (Canadian Institute) - October 29-30, 2009. Speaking on “Ensuring Compliance: the Ins and Outs of Certificates of Approval”
• Presentation: Speaker, “Wanted! No New Brownfields”, Canadian Urban Institute’s 2009 Canadian Brownfields Conference, Vancouver, BC, October 26-28, 2009
• Co-chairing Green Energy Act Conference (Ontario Bar Association) - September 16, 2009
• Janet is quoted extensively in an article in the July 2009 issue of Canadian Lawyer magazine, “Land Reclamation Efforts Rise”
• Co-author, Chapter 10, Environmental Issues Affecting the Mortgagee, Falconbridge on Mortgages, Fifth Edition, Canada Law Book, May 2009
• Presentation: Speaker, Brownfields: The New Rules at the Canadian Environmental Compliance Conference and Tradeshow (CANECT), speaking at the Spills Management and Compliance session, on “Dealing with the New Regulations: Key Components of the New Bill 133 Regulations: New Reporting Thresholds; Environmental Penalties; etc.”, April 21, 2009
• Presentation: Chair and Speaker, Brownfields: The New Rules at the Canadian Environmental Compliance Conference and Tradeshow (CANECT). Speaking on “Overview of Regulatory Reform Initiatives”, April 20-21, 2009
• Presentation: Speaker, Greater City of Sudbury - Reclaiming Our Urban Places Symposium, March 26, 2009
• Presentation: Speaker, Golder Associates Ltd. Webinar - Brownfields: Where are The Opportunities in This Economy. Janet spoke on “Brownfields and M&A in The Current Economy”, March 3-4, 2009
• Presentation: Moderator and Speaker, Environmental Law Section Program, OBA Annual Institute, Emerging Trends and Challenges in Environmental Law, February 2, 2009
• Presentation: Speaker, 6th Annual Commercial Real Estate Leases Course, January 19-20, 2009
• Presentation: Speaker, 3rd Brownfields Course - Federated Press, January 12-13, 2009
• Presentation: Speaker, “Real Property and Environmental Due Diligence”, OBA seminar - The Ultimate Review of Legal Due Diligence, December 8, 2008 
• Presentation: Speaker, Envirogate Course on Managing Spills and Environmental Emergencies on November 25, 2008. Janet will be speaking on “Key Components on the New Bill 133 Regulations” 
• Presentation: Speaker, YCEC Spring Working Weekend: Green & Sustainable Building Practices, “Brownfields: Opportunity v. Challenge”, June 6-8, 2008
• Presentation: Chair & Speaker, “Dealing with Industrial Brownfields:  The New Rules” - Environmental Laws Governing Contaminated Land (April 21, 2008), The 2008 Canadian Environmental Conference and Trade Show (CANECT 2008), April 21-22, 2008
• Presentation: Speaker, “Bill 133: Spills, Management and Compliance” - Implications for Environmental Managers and EMS (April 22, 2008), The 2008 Canadian Environmental Conference and Trade Show (CANECT 2008), April 21-22, 2008
• Presentation: Speaker, “What do Technical Consultants Reports Really Mean?”, Ontario Bar Association, February 4, 2008
• Presentation: Speaker, “Brownfield Liability”, Federated Press Financing and Funding for Brownfields course, December 10-11, 2007
• Presentation: Speaker, “Environmental Concerns in Leasing”, Federated Press Commercial Real Estate course, December 10-11, 2007
• Presentation: Organizer and Speaker, “New Standards-New Risks: Implications of Changing Environmental Standards”, Canadian Brownfields 2007, Montreal, QC, October 19-20, 2007
• Presentation: Chair & Speaker, “Dealing with Industrial Brownfields: The New Rules” - Environmental Laws Governing Contaminated Land (April 16, 2007), The 2007 Canadian Environmental Conference and Trade Show (CANECT 2007), April 16 & 17, 2007
• Presentation: Chair & Speaker, “Bill 133:  Spills, Management and Compliance” - Implications for Environmental Managers and EMS (April 17, 2007), The 2007 Canadian Environmental Conference and Trade Show (CANECT 2007), April 16 & 17, 2007
• Presentation: Speaker, “Environmental Concerns in Leasing: Commercial Real Estate Leases”, Federated Press, March 27, 2007
• Presentation: Speaker, Bill 133: Spills Management & Compliance conference, “Implications for Environmental Managers and Environmental Management Systems”, November 29, 2006
• Presentation: Speaker, Ontario Bar Association conference, “To RSC or not to RSC: Tips and Traps About Records of Site Condition and the Environmental Site Registry”, October 30, 2006
• Presentation: Moderator, Canadian Brownfields 2006, “Financing the New Real Estate Frontier: The Arrival of New Players Sparks Redefinition of Roles, Innovation and Re-evaluation of Traditional Views”, October 26-27, 2006
• Presentation: Speaker, Insight Information - Public Sector Risk Mitigation, “Reducing Brownfield Exposure - As the Population and Liabilities Spread”, October 16-17, 2006
• Presentation: Chair and Speaker, CANECT 2006, The 15th Canadian Environmental Conference and Tradeshow, May1-2, 2006
• Presentation: Speaker, Eco Canada 2006: Opportunities, Strategies, Growth, Environmental Careers Organization (ECO), January 26-27, 2006
• Presentation: Speaker, Dead, Gone, but the Fight Goes On&hellipOr Does It?, Ontario Bar Association Trusts and Estates Section, January 23 or 24, 2006
• Presentation: Speaker, Action Niagara, The Economics of Smart Growth, Canadian Urban Institute, December 14, 2005
• Presentation: Chair and Speaker, Environmental Law and Regulation in Ontario, Canadian Institute, November 30, 2005
• Presentation: Presenter, Environmental Law Section, Back with a Vengeance — Part II, Ontario Bar Association, November 25, 2005
• Presentation: Panel Chair, Canadian Brownfields 2005: Developing Livable Communities, Canadian Urban Institute, October 13-14, 2005
• Presentation: Speaker, 14th Annual Technical Conference & AGM “Update and Integrate”, Canadian Environmental Auditing Association, October 5-7, 2005
• Presentation: Chair, Environmental Liability and Bill 133: What You Need to Know; Ontario Bar Association and Law Society of Upper Canada, September 9, 2005
• Presentation: Panelist, 2005 Reurbanization Conference “re. THINK, re. INVEST, re. URBANIZE: Seizing Opportunity in Urban Development”, The Region of Waterloo, June 23, 2005
• Presentation: Chair and Presenter, Contaminated Land: The New Rules; 13th Annual Canadian Environmental Conference and Tradeshow 2005, May 11, 2005
• Presentation: Lambda Alpha International, Simcoe Chapter Meeting, Update on Brownfields Development: The Legal and the Practical, April 19, 2005
• Presentation: Dirty Business Environmental Issues Impacting Shopping Centres; Canadian Shopping Centres Law Conference, Dirty Business - March 3, 2005
• Presentation: The Canadian Institute - Selling Contaminated Real Estate: A Step-by-Step Guide — December 9, 2004
• Presentation: Ontario Bar Association — Tidying Up Your Deals! Addressing Contamination in Land Transactions — The New Brownfield Rules — What They Mean for Transactions - November 4, 2004
• Presentation: Thunder Bay Law Association - 2004 — What’s New in Environmental Law - October 29, 2004
• Presentation (Panel Chair): Canadian Urban Institute - Brownfield 2004: Turning Up the Heat! — October 21-22, 2004
• Paper: Federated Press - Preventing Liability and Minimizing Risk in the Public Sector, Contaminated Sites - Minimizing Liability — October 12-14, 2004
• Presentation (Co-Chair and Presenter): 12th Annual Canadian Environmental Conference: Contaminated Land, Toronto, Ontario - May, 2004
• Presentation: Lessons Learned: Legal Issues Encountered by Livestock Producers, Integrated Solutions to Manure Management II, International Conference, London, Ontario - March, 2004
• Presentation: Ontario Bar Association Institute - 2004 - Real Property Section Environmental Law Considerations - What’s New, Toronto, Ontario - January, 2004
• Assisting organizing Brownfield Trade Mission with Ontario Export Inc. to Chicago, Illinois - January, 2004
• Presentation: Environmental Director & Officer Liability Overview, Toronto, Ontario - December, 2003
• Presentation: Leadership Development in Construction Law - Level 1, The Construction Institute - Site Owner Liabilities - Environmental Law, Toronto, Ontario - November, 2003
• Panel Chair: Innovation in Finance & Risk Management, Canadian Urban Institute’s Brownfields 2003 Conference, Toronto, Ontario - October, 2003
• Presentation: Fiduciaries Be Aware: New Environmental Responsibilities, Society of Trust and Estate Practitioners (STEP), Toronto, Ontario - October, 2003
• Presentation: (Co-Chair and Presenter) Environmental Due Diligence: What You Need to Know, Environmental Management Systems ISO 14001 Seminar, Toronto, Ontario - September, 2003
• Chair: What’s New in Environmental Enforcement and Investigation, Ontario Bar Association, Toronto, Ontario - June 2003.
• Presentation (Co-Chair and Presenter): 11th Annual Environmental Management Compliance and Engineering Conference 2003; Contaminated Land, Toronto, Ontario - May 2003.
• Article: Fiduciaries Be Aware: New Environmental Responsibilities, Ontario Bar Association, Deadbeat Newsletter - March 2003
• Presentation: 5th Annual Estates and Trusts Forum: Bill 56, The Brownfield Statute Law Amendment At, Fiduciaries Be Aware, The Law Society of Upper Canada, Toronto, Ontario - November 2002.
• Presentation (Co-Chair & Presenter): 10th Annual Environmental Management, Compliance and Engineering, 2002: Dealing with Industrial Contaminated Land, Toronto, Ontario - April 2002.
• Presentation: Contaminated Site Solutions, Turning Contaminated Lands into Profit Centres, Insight, Calgary, Alberta — January, 2002
• Presentation: The Use and Abuse of Privilege - Ontario Bar Association — November, 2001
• Presentation: Bill 56 Brownfields Statute Law Amendment Act, Dealing with On-Site Contamination, Seminar, Toronto, Ontario — November, 2001
• Presentation (Co-chair & Presenter): Environmental Management, Compliance and Engineering, 2001: Contaminated Site Management & Development of Brownfields, Toronto, Ontario — April, 2001
• Presentation (Co-Chair & Presenter): Environmental Management & Compliance 2000: Environmental Detective Work: Site Assessments and SSRA’s, The Law and Contaminated Site Liability, Toronto, Ontario — April, 2000
• Presentation: Environmental Management & Compliance 1999: Environmental, Due Diligence and Contaminated Land, Toronto, Ontario — April, 1999
• Presentation: CBAO - National Environmental Law Issues, Toronto, Ontario — March, 1998
• Presentation: Environmental Compliance 1998, “Why Bother with Remediation: The Law & The Liabilities — April, 1998
• Lecturer, Advanced Environmental Law, Law Society of Upper Canada, “Director & Officer Liability”, Toronto, Ontario — November, 1997
• Developed and chaired Environmental Training Session for federal Crown Corporation client covering all aspects of federal, provincial and municipal law, Toronto, Ontario — January, 1997
• Chair, CBAO, Continuing Legal Education in Environmental Law: Conflict of Interest. How to Avoid “Contaminating” the Lawyer/Client Relationship, Toronto, Ontario — October, 1996
  Co-chair, CBAO-CLE Annual Institute, Changing Environments: A Practical Guide to Recent Developments — January, 1996
• Presentation: New Approaches to Old Problems: Settling Environmental Disputes: What Do Mediation and Arbitration Offer? CBAO-CLE Annual Institute, Toronto, Ontario — January, 1996
• Conducting environmental training seminars for client account managers for advanced credit workshop and corporate banking of a major financial institution — 1995 to present
• Chair, Ministry of Economic Trade and Development training session on Environmental Issues in the Marketplace, Toronto, Ontario — April, 1995
• Presentation: The Ontario Environmental Regime, The Canadian Institute, Environmental Law Regulation and Management, Toronto, Ontario — April, 1995
• Presentation: CBAO, PCBs and the Swan Hills facility, Toronto, Ontario — April, 1995
  Chapter, “Legislative and Regulatory Trends for 1994-95” for the Canadian Environmental Directory 1994-95, published by Canadian Almanac & Directory Publishing
  Service Station & Garage Management Magazine, monthly column on environmental issues, Southam Business Communications — 1995-96
• Presentation: Environmental Director and Officer Liability", Credit Union Executives Society of Ontario, Annual Conference, Toronto, Ontario Spring 1994
• Presentation: “Environmental Concerns for Municipal Taxation”, Annual Municipal Assessors Conference of Ontario, Toronto, Ontario - June 1994
• Presentation: “Environmental Issues and Contaminated Land”, Appraisal Institute of Canada, Toronto, Ontario -Fall 1993
• Frequent Guest Lecturer on Environmental Law - Ryerson University, Toronto, Ontario - 1991 -1998