Responding to a Ministry environmental order or direction
Advice and a response when the Ministry orders cleanup, monitoring or other action on a property or operation.
The deadline to require a hearing on a Ministry order can be as short as 15 days after it is served, so contact a lawyer immediately. Ontario Done by an Ontario lawyer, by referral
What is included
Reviews the order, charge or decision and the evidence
Advises on deadlines to require a hearing or appeal
Prepares the appeal to the Ontario Land Tribunal or the response to the Ministry
Represents you in the Ontario Court of Justice on charges
Negotiates compliance plans or resolutions
What is not included
Environmental consultants, testing and engineering reports
Government application and filing fees and other disbursements
Appeals, or other proceedings not covered by the lawyer's written retainer
Who this service is for
Businesses and property owners served with a Ministry order
Companies or individuals charged under environmental law
Applicants appealing a permit or approval decision
Information to have ready
1The order, charge or decision
2Inspection reports and correspondence
3Monitoring data and consultant reports
4Records of steps already taken
How a referral works
1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
Lawyers usually charge $400–$850/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Does an appeal stop the order?+
Usually not. Most orders stay in effect during an appeal unless the tribunal grants a stay, so ask the lawyer about this right away.
Who can be named in an environmental order?+
Orders can name current or past owners, operators and sometimes directors or officers, depending on the statute and the facts.
Can a licensed paralegal defend a provincial environmental charge?+
Licensed paralegals may represent defendants in Provincial Offences Act proceedings in the Ontario Court of Justice, where provincial environmental charges are usually heard. Ask NEO whether your matter is one it can handle directly or whether a lawyer is the better fit.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
No outcome can be guaranteed, including approval of any application
Regulators set their own timelines, which the lawyer cannot control
The lawyer confirms the scope, fee and steps in a written retainer before starting