Bennett Jones

Education

Brock University, BA, 2010, with First Class Honours Brock University, MA, 2011, Distinguished Graduate Student McGill University, BCL , 2014, Dean's Honour List McGill University, JD, 2014, Dean's Honour List

Bar Admissions

Alberta, 2015 Ontario, 2016

Venetia E.K. Whiting

Associate

T: 416.777.4895 / E: whitingv@bennettjones.com

Toronto

Venetia Whiting is an environmental lawyer with experience across a range of sectors, including chemicals, transportation, manufacturing, energy and natural resources, real estate and agribusiness and food.

Venetia provides advice to clients on a full range of environmental issues, including issues relating to defending environmental prosecutions and class actions, contaminated property, responding to spills and environmental incidents, director and officer liability, waste management, and sewage and drinking water.

Over the course of her career, Venetia has developed expertise in guiding clients through compliance with complex regulatory issues, including the transportation of dangerous goods, the export and import of substances and products, and pest control products.

Venetia helps clients prepare for inspections and investigations by regulatory authorities, as well as civil and administrative proceedings (including orders) relating to environmental liability.

In the transactional context, Venetia acts for a range of parties, including buyers, sellers, lenders, investors and underwriters, assessing due diligence and environmental liability, and negotiating and drafting agreements.

Venetia advises corporations with respect to the development of ESG policies and practices, including the identification and management of ESG risks and opportunities.

Venetia is proud to be the Vice-Chair of the Ontario Bar Association’s Environmental Law Section Executive. Prior to joining Bennett Jones in Toronto, Venetia summered, articled and practiced in the firm’s Regulatory Group in Calgary.

Select Experience

Champion Petfoods, maker of ORIJEN and ACANA, in its sale to an affiliate of Mars, Incorporated
Teknaform Inc., a manufacturer of PVC edgebanding products, in its sale to a portfolio company of Incline Equity Partners, a Pittsburgh-based private equity fund
Stone Canyon Industries Holdings LLC and Kissner Group Holdings, as Canadian counsel, in their US$3.2-billion agreement to acquire K+S Aktiengesellschaft's North and South American salt business, including Morton Salt and Windsor Salt
Assisting corporations and Boards of Directors concerning environmental and regulatory compliance issues and prosecutions in issues such as pipeline releases, tailings pond containment failures, and ozone depleting substances
Acting for owners, previous owners and neighbours in contaminated sites
Assisting manufacturers of pesticides with amendments, re-evaluations, discontinuations and cancellations of products under the federal Pest Control Products Act and provincial statutes
Ontario Teachers' Pension Plan, with the $3.3-billion acquisition of Heritage Royalty Limited Partnership, a former subsidiary of Cenovus Energy Inc. holding a broad portfolio of oil and gas royalty properties in Western Canada. Assessing potential risks associated with royalty properties in several provincial jurisdictions

Recent Insights, News & Events

New Formaldehyde Standards on Composite Wood Products Imported into, Sold or Manufactured in Canada
Blog / May 11, 2023
The Formaldehyde Emissions from Composite Wood Products Regulations, which came into force on January 7, 2023, impose requirements on manufacturers, importers and sellers of composite wood products relating to emissions testing and limits, certification, labelling, reporting and record keeping.
No Time to Waste—Consultation Open on Federal Plastics Initiatives
Blog / May 09, 2023
On April 18, 2023, the Government of Canada announced the launch of consultations under the Canadian Environmental Protection Act, 1999 with respect to a Regulatory Framework that serves as the starting point for the proposed Recycled Content and Labelling for Plastic Products Regulations; and a Technical Paper outlining the reporting requirements for the federal plastics registry. The Government is moving forward with these initiatives in support of its Canada-wide Strategy on Zero Plastic Waste, which was adopted by the Canadian Council of Ministers of the Environment in November 2018.
Field Notes: Recent Pesticide Initiatives in Canada
Blog / January 26, 2023
Our Field Notes blog is intended to provide a high-level overview of the emerging issues in the landscape of pesticides in Canada, including happenings at the Pest Management Regulatory Agency (PMRA). In our first issue, we have focused on some of the PMRA's recent and current initiatives.
Extended Producer Responsibility and Single-Use Plastics Update
Speaking Engagements / January 25, 2023
Venetia Whiting is moderating a panel at the OBA's Ontario Legal Conference: Municipal, Planning & Environmental Law on February 9, 2023. The session—entitled Extended Producer Responsibility and Single-Use Plastics Update—will discuss single-use plastics, blue box reform and related greenwashing risks.
Balancing Act: Facilitating Trade and Worker Protection under the Hazardous Products Regulations
Blog / January 18, 2023
Key amendments to the federal Hazardous Products Regulations (the Regulations) are now in effect, which, among other things: update the Regulations to be in line with the most recent standards under the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), leading to decreased costs and trade benefits for suppliers navigating Canadian and U.S. regulatory requirements; and improve protections for workers against product hazards handled in the workplace.
At Long Last—Increased Regulatory Certainty for Treated Articles in Canada
Blog / January 04, 2023
On December 7, 2022, amendments to the Pest Control Products Regulations (PCPR) were published in the Canada Gazette Part II. Among other things, the amendments: clarify regulatory requirements for treated articles and establish criteria for authorizing certain treated articles; formally exempt certain antimicrobials used in products regulated under certain Acts; and replace the requirements for declarations by importer of control products.
Mars Petcare to Acquire Champion Petfoods, Maker of ORIJEN and ACANA
Client Work / November 02, 2022
Mars Petcare, part of Mars, Incorporated, announced it has signed a definitive agreement to acquire Champion Petfoods from an investor group led by Bedford Capital and Healthcare of Ontario Pension Plan. Champion Petfoods was founded in Alberta and has grown to be a key player in the global pet food industry across 90 countries.
Bennett Jones and the Launch of Mondaq's ESG Comparative Guide
Guides / October 07, 2022
The inaugural Mondaq ESG Comparative Guide has been launched. Bennett Jones lawyers author the Canadian chapter of the Guide. Mondaq's ESG Guide initially includes 18 chapters with contributions from pre-eminent lawyers in leading law firms in Canada, U.S., U.K., Germany, Switzerland, Singapore, Hong Kong, Australia, Brazil and more.
Five Bennett Jones Lawyers Elected or Elevated to the Ontario Bar Association
Announcements / September 06, 2022
Five Bennett Jones lawyers will serve at the Ontario Bar Association for the 2022-23 year.
Health Canada Takes Steps to Secure Biocides in Canada
Blog / June 14, 2022
Prompted in part by supply chain challenges emerging during the COVID-19 pandemic, Health Canada is proposing a new regulatory framework under the Food and Drugs Act (FDA) specific to biocides. Biocides are products that sanitize or disinfect hard or soft non-living and non-liquid surfaces to prevent disease in humans or animals. After several rounds of consultation, on May 7, 2022, Health Canada published the proposed Biocides Regulations in the Canada Gazette, which attempt to create a regulatory framework that harmonizes the regulation of biocides under one comprehensive framework.
Bennett Jones Lawyers Elected or Elevated to the Ontario Bar Association
Announcements / June 25, 2021
Eight Bennett Jones lawyers will serve at the Ontario Bar Association for the 2021-22 year.
Bennett Jones Wins Class Action Team of the Year Award
Announcements / May 19, 2021
Bennett Jones is the winner in the Class Action Team of the Year category in the 2021 Canadian Law Awards, for the firm's work for the defendants in Winder v. Marriott International Inc. The Canadian Law Awards recognizes the nation’s leading law firms, in-house legal teams, individuals, deals and cases over the past year, reflecting true excellence in the country's legal profession.
Venetia Whiting Chairs OBA Panel on Brownfield Development
Speaking Engagements / March 10, 2021
Venetia Whiting chaired the Ontario Bar Association's panel on Digging Into Ontario's Brownfield Development Process. Venetia led the discussion on how to successfully advance a brownfield redevelopment project in Ontario for the benefit of clients.
Bennett Jones Advises on $3.2-Billion Agreement to Acquire K+S Americas Salt Business, Including Morton Salt and Windsor Salt
Client Work / October 04, 2020
Bennett Jones served as Canadian counsel to Stone Canyon Industries Holdings LLC (SCIH) and Kissner Group Holdings in their agreement to acquire K+S Aktiengesellschaft's North and South American salt [...]
Updates to COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses
Blog / July 22, 2020
As described in our initial blog post, COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses, published on April 8 and our update posts, published on April 16, April 24 and May 22, the Canadian federal government and most provincial and territorial governments have introduced programs designed to provide funding or economic relief to Canadian businesses in connection with the COVID-19 pandemic.
Eat, Drink, and Be Aware: A Primer for Re-Opening Ontario Food and Drink Establishments
Blog / June 17, 2020
Just in time for summer, Ontario's outdoor dine-in services at restaurants, bars, food trucks, wineries, breweries and distilleries are becoming available in Ontario's Stage 2 regions. Currently, restaurants and bars in Toronto, Hamilton, Niagara and other areas near the U.S. border remain in Stage 1, with restaurants being restricted to take-out, delivery and drive-through.
Updated Considerations for Agribusiness, Food and Beverage Companies Navigating COVID-19 in Canada
Blog / May 14, 2020
In an earlier post, we highlighted the top issues that agribusinesses might wish to consider when navigating the challenges created by COVID-19. Canadian agribusinesses, alongside governments, have implemented long-term strategies to address the realities of living and working through a pandemic. Updates from our earlier post include details on programs or incentives announced to keep cash flowing, securing the agribusiness workforce; and strengthening the supply chain.
New Exemptions and Specific Requirements for Producing and Transporting Hand Sanitizer During COVID-19
Blog / April 15, 2020
Since the onset of the COVID-19 pandemic, companies in various industries have quickly shifted their operations to meet the growing demand for essential supplies, including hand sanitizer. While hand [...]
COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses
Blog / April 09, 2020
The COVID-19 pandemic has had an unprecedented impact on the Canadian economy since the first Canadian case was announced on January 15, 2020. In an effort to support Canadian businesses and to provide financial resources needed to develop solutions related to COVID-19, the federal government and certain provincial and territorial governments have announced a number of funding initiatives. Many of these initiatives have only been announced recently and in most cases details, including eligibility criteria and application processes, are pending. These nascent programs are likely to evolve over the coming days and weeks as the full extent of the ongoing pandemic unfolds. We will provide updates regarding the status of COVID-19 related business funding in Canada as further details and programs are announced. For ease of reference, a summary table showing information related to each of the programs noted here has been included at the end of this article.
Top 5 Considerations for Agribusiness, Food and Beverage Companies Navigating the COVID-19 Pandemic in Canada
Blog / April 07, 2020
The COVID-19 pandemic has had an unprecedented impact on the Canadian economy. Across Canada, the protection of the food supply has been recognized as critical, and the Government of Canada is taking necessary steps to ensure that agribusinesses can continue to operate effectively and can keep supply lines open. Marie-Claude Bibeau, Minister of Agriculture and Agri-Food Canada, has recognized that the work of such businesses is "essential to our plan to manage COVID-19."
An Overview of Mandatory Closures and Restrictions on Businesses Across Canada in Response to the COVID-19 Pandemic
Blog / March 26, 2020
Is your business essential or a priority (or permitted to operate) under various emergency public orders made in response to the global COVID-19 pandemic? Across Canada, various provinces and territories [...]
Ontario to Simplify Pesticide Management
Blog / November 08, 2019
The Ministry of Environment, Conservation and Parks (MECP) is proposing to "reduce complexity and modernize pesticide management in Ontario". On October 28, 2019, the MECP posted a proposal to the Environmental [...]
Sea Change: The Canadian Navigable Waters Act
Updates / February 22, 2018
This article is Part III of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada. This post summarizes the changes to the Navigation Protection Act (NPA) as introduced by Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.
Reshaping Canada’s Project Assessment Regime—Bill 69’s Ambitious Blueprint
Updates / February 20, 2018
This article is Part II of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada. In this article, we review the changes to Canada's project assessment regime proposed under Bill 69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.
Emerging Trends in Environmental Class Actions in Canada
Articles / November 01, 2017
Venetia Whiting and Scott Azzopardi author "Emerging Trends in Environmental Class Actions in Canada" for the Ontario Bar Association EnvironNews.
Recent Court Decisions on Quantification of Environmental Damages
Articles / October 01, 2017
Venetia Whiting and Julia Schatz author "Recent Court Decisions on Quantification of Environmental Damages" for the LSUC Six Minute Environmental Lawyer 2017.
One Wrong Turn
Blog / September 19, 2017
On May 3, 2017, the Honourable Justice Masuhara, of the British Columbia Supreme Court, certified the province’s first environmental class action against the Province of British Columbia in Kirk [...]
The Kawartha Lakes Saga Continues: Oil Spills and the Dangers of DIY
Blog / August 03, 2017
Gendron v Thompson Fuels et al provides a cautionary tale for homeowners hoping to "handle things on [their] own". In this case, the plaintiff-homeowner attempted to clean up a domestic fuel oil spill [...]
Issues to "Bee" Determined: Federal Court Dismisses Preliminary Motions
Blog / July 24, 2017
Whether or not the decisions by the Pest Management Regulatory Agency (PMRA) to successively register neonicotinoid products on a conditional basis constitute a "continuous course of conduct", and whether [...]
Proposed Oil Tanker Moratorium Act—Defining Canada's Pacific Gateway
Updates / May 23, 2017
On 12 May 2017, the Government of Canada introduced Bill C-48, the proposed Oil Tanker Moratorium Act, in Parliament. This initiative follows up on the launch of the national Oceans Protection Plan in November 2016, and fulfils the Prime Minister’s commitment to formalize a crude oil tanker moratorium on British Columbia’s north coast. The broader plan aims to "improve marine safety and responsible shipping; protect Canada’s marine environment; and create new partnerships with Indigenous and coastal communities".
CANECT - Canadian Environmental Conference and Tradeshow
Speaking Engagements / May 01, 2017
Together with Len Griffiths and Sarah Gilbert, Venetia Whiting presented the Environmental Regulations & Compliance 2017 Course.
Corporations are People Too! Ontario Court Confirms that Corporations Have a Right to a Speedy Trial
Blog / April 10, 2017
Corporate defendants have the right to a speedy trial, without requiring them to prove actual prejudice to their fair trial rights. In R v Stephensons Rental Services, a March 2017 decision of the Ontario [...]
Post-Midwest: Section 99(2) of the EPA Proves a Powerful Tool
Blog / March 14, 2017
The Ontario Superior Court awarded damages for migration of dry cleaning solvents the defendant corporation spilled between 1960 and 1974 in Huang v Fraser Hillary's Limited, 2017 ONSC 1500 [Huang] under [...]
Shepherding in a New Era in Section 11(b) Rights
Blog / January 09, 2017
In R v Jones and Schmidt, 2016 ONSC 7388, a November decision of the Ontario Superior Court of Justice, the court found that unreasonable delays in bringing the case to trial were mostly attributable [...]
Interim Approach for Environmental Assessments
Blog / February 22, 2016
The newly elected Liberal federal government recently announced an interim approach for dealing with major projects subject to environmental assessments. The approach is part of the government's effort [...]
Northern Gateway: British Columbia must Issue its Own Approval and Consult with First Nations
Blog / February 22, 2016
In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the Court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway [...]
Northern Gateway: BC Supreme Court Rules that British Columbia Must Issue its Own EA Decision and Consult First Nations
Updates / February 09, 2016
In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of deferring to the federal review and consultation. This decision has profound implications for reconciling provincial and federal jurisdiction over the environmental review of interprovincial projects, and the related Crown duty to consult affected First Nations. While the decision casts more uncertainty over the NGP, it also affects any resource development project that involves a harmonized federal/provincial review.
Rethinking Social Licence to Operate - A Concept in Search of Definition and Boundaries
Articles / June 01, 2015
The term "social licence to operate" (SLO) arises frequently in discussions about resource development projects. This article examines the evolution of SLO in the approval of resource development projects and its recent rise in popular use. It then considers how the concept relates to political governance and law. Finally, it assesses the implications of how SLO is being applied – for good and for bad, but most often without a proper context. Published in Volume 7, Issue 2 of Environment and Energy Bulletin by the Business Council of British Columbia.
Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal
Blog / April 15, 2015
The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown's duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation [...]
BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights
Blog / March 31, 2015
On March 3, 2015, Blueberry River First Nation ("BRFN") sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN's traditional territory [...]