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Environment • Aboriginal • Energy

Julie Abouchar

Partner
Certified Specialist in Environmental Law and in Indigenous Legal Issues

T: 416-862-4836  E: jabouchar@willmsshier.com

Bio

Julie Abouchar is a recognized expert in environmental, Aboriginal and energy and natural resources law. She also advocates before tribunals and is a trained mediator. Julie is called to the bar in Ontario, New Brunswick, Nunavut and Northwest Territories.

Rankings and Awards

  • Certified Environmental Law Specialist, Law Society of Upper Canada, since 2005
  • Certified Indigenous Legal Issues Specialist, Law Society of Upper Canada, since 2017
  • Peer selected annually for The Best Lawyers in Canada©—Environmental Law, Aboriginal Law, and Energy Regulatory Law
  • Rated “Repeatedly Recommended” in the Canadian Legal Lexpert directory for Environmental Law and Aboriginal Law

Environmental and Energy Law

Julie provides solutions to environmental law issues, from water protection, contaminated land and environmental assessment to environmental risk assessment, transactional due diligence and compliance. Julie also helps clients plan, structure and implement renewable energy and transmission projects and helps obtain environmental and renewable energy approvals. 

Environmental and Energy Litigation

  • Hearings
  • Defence of prosecutions
  • Appeals of regulatory orders

Julie appeals environmental orders and approvals issued by regulators to tribunals including the Environmental Review Tribunal. She appears before the Ontario Municipal Board on environmental matters and acts for both Intervenors and Proponents before the National Energy Board and Ontario Energy Board to ensure decisions reflect client interests and concerns. Julie also assists clients with environmental inspections and investigations and negotiates with regulators for clients being prosecuted for environmental non-compliance.

Aboriginal Law and Northern Practice

Julie has been negotiating and drafting resource agreements for industry and First Nations clients for 20 years, including impact benefit, participation and exploration agreements. She provides advice about Aboriginal consultation and facilitates dispute resolution in the mining, infrastructure and energy sectors. 

Julie also advises First Nations and Inuit communities, proponents, northern environmental boards and tribunals about resource development in Canada’s north.

Clients

  • Industrial companies
  • Aboriginal communities and businesses
  • Energy and renewable energy companies
  • Mining & exploration companies
  • Municipalities
  • Conservation authorities
  • Transit authorities
  • Land developers and property owners 
  • Environmental boards and tribunals
  • Inuit and Inuvialuit communities
  • Northern resource, energy and infrastructure proponents
  • Northern environmental boards and tribunals

Representative Work

Environmental

  • Municipality Appeal of Official Plan Amendment—Special counsel to a municipality to defend an appeal an Official Plan amendment at the Ontario Municipal Board, resulting in a favourable decision about Aboriginal consultation activities for the Official Plan amendment and road development.
  • Settlement for Municipality on Drinking Water Compliance—Represented a municipality about Ontario Safe Drinking Water Act compliance, resulting in a favourable settlement with the Ontario Ministry of Environment and Climate Change, implementation of internal systems and due diligence for long-term compliance and improved relations with the Ministry.
  • Settlement for Industrial Company Charged Under Sewer Use By-Law—Defended an industrial client charged with 60 counts under the City of Toronto Sewer Use by-law, resulting in a favourable settlement and implementation of changes to the wastewater system that brought our client into regulatory compliance.
  • Application by Conservation Authority to Elevate Environmental Assessment—Assisted a conservation authority to apply successfully to elevate a class Environmental Assessment to an individual Environmental Assessment for a proposed road development. 
  • Corporate D&Os Ordered to Clean-Up Waste—Representing former directors and officers of a company ordered by an environmental regulator to clean-up waste stored at a property no longer owned by the company.

Energy

  • Advocacy to Change Preferred Pipeline Route—Advocated for a group of developers before the Ontario Pipeline Coordination Committee, resulting in a change of preferred route that avoids impacts to our client, the environment, and adjacent land use.
  • Aboriginal Participation in Hydroelectric Extension Project—Negotiated and drafted an Impact Benefit Agreement for a hydroelectric extension project, resulting in contracts for Aboriginal businesses, training and employment, and  investment in First Nation communities.
  • Aboriginal Partnership with Ontario Power Generation—Assisted a First Nation to develop an equity partnership between its wholly-owned energy development company and Ontario Power Generation for a 25 MW hydroelectric power project, bringing investment to the community, contract opportunities for Aboriginal businesses and training and employment for First Nations.

Aboriginal Law and Consultation

  • Municipality Negotiations and Agreements with First Nation—On behalf of a municipality, conducted effective negotiation and drafted agreements with First Nations to enable the successful completion of an infrastructure project which crossed under a river and an area of high archaeological potential. 
  • First Nation IBA and Economic Development from Gold Mine Project—Helped a First Nation community reap significant benefits from a major gold mine in Ontario by negotiating, drafting and assisting with the implementation of an Impact Benefit Agreement with the proponent. Created corporate structures for joint ventures and limited partnerships, including a partnership to develop a transmission line to the mine site.
  • Conservation Authority Aboriginal Consultation Training and Guidelines—Trained conservation authority staff on their complex legal and regulatory Aboriginal consultation environment and developed guidelines for Aboriginal engagement.

 

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Recognition

  • Certified Environmental Law Specialist, Law Society of Upper Canada, since 2005
  • Peer selected annually for The Best Lawyers in Canada©—Environmental Law, Aboriginal Law, and Energy Regulatory Law
  • Rated “Repeatedly Recommended” in the Canadian Legal Lexpert directory for Environmental Law and Aboriginal Law

 

Organizations

  • The Law Society of Upper Canada—Certified Specialist in Environmental Law (2005-)
  • Ontario Bar Association— Member of Aboriginal Law Section Executive (2004-); Environmental Law Section (1994-); Municipal Law Section (2003-); Natural Resources Law Section (2004)
  • Canadian Bar Association—National Environment, Energy and Resources Law Section member
  • Ontario Water Power Association
  • Prospectors and Developers Association of Canada, member
  • Ontario Sustainable Energy Association
  • CTC Source Protection Committee, member
  •  Ontario Clean Water Agency, Board Member, August 2007 to July 2013
  • Ontario Environmental Industries Association—Member (2003-)
  • American and Ontario Water Works Associations—Member (2005-)
  • Environmental Law Commission, International Union for the Conservation of Nature (IUCN)—Member (2000-)
  • Sierra Club of Canada—U.S.-Canada International Committee member (1999-2004)
  • Conservation Council of New Brunswick—Executive Director and Director (1996-1998)
  • Environmental Law Association of McGill—President and a Founding Member (1988-1991)

Speaking Engagements

October 19, 2017

Do you know the risks associated with Sewer Use By-Law compliance in the City of Toronto?

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May 03, 2017

CANECT 2017 - Water and Wastewater: Regulation and Compliance

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March 30, 2017

Do you know the risks associated with Sewer Use By-Law compliance in the City of Toronto?

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November 14, 2016

The Law Society of Upper Canada: Indigenous Law Issues 2016

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October 18, 2016

Ontario Waterpower Association: Power of Water Canada Conference

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April 26, 2016 to April 27, 2016

CANECT 2016 - Water and Wastewater: Regulation and Compliance

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March 31, 2016

The Osgoode Certificate in Mining Law: Environmental Permitting

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March 22, 2016

CWRA World Water Day

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February 04, 2016 to February 06, 2016

CBA NB Conference: Resource Agreements with Aboriginal Communities: Challenges and Opportunities

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October 22, 2015

Sudbury Colloquium Real Estate Conference: What Real Estate Lawyers Need to Know About Environmental Liabilities

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September 16, 2015

Water Law in Ontario - The Multi-Barrier Approach and Personal Liability for Compliance

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April 29, 2015

CANECT 2015 - Water and Wastewater: Regulation and Compliance

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March 10, 2015 to March 12, 2015

Canadian Water Network: Connecting Water Resources 2015

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November 26, 2014

Envirogate 2014: Water & Wastewater: Compliance and Due Diligence

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October 22, 2014

LSUC: The Six-Minute Environmental Lawyer 2014

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June 05, 2014

OBA's Aboriginal Property Issues for Real Estate Lawyers

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June 05, 2014

Julie Abouchar Speaking at the OBA's "Aboriginal Property Issues for Real Estate Lawyers" Event

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April 30, 2014

CANECT 2014: Water and Wastewater: Compliance and Due Diligence

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April 29, 2014

Insight: Aboriginal Land Resource Management Forum

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April 15, 2014

The Canadian Institute: Ontario Power Conference

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April 03, 2014

The Osgoode Certificate in Mining Law: Environmental Permitting

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February 13, 2014

Canadian Bar Association NEERLS Webinar: Regional Approaches to Water Across Canada

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December 06, 2013

Corporate-Aboriginal Relations: Building Mutually Beneficial Partnerships

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November 26, 2013

Water and Wastewater: Compliance and Due Diligence, Envirogate

More

November 07, 2013

Impact of New Federal Environmental Legislation on Aboriginal Relations

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June 24, 2013

Current Understandings of the Triggers for Aboriginal Engagement, Association for Professional Archaeologists (APA)

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June 20, 2013 to June 21, 2013

Canadian Bar Association’s 2013 Annual National Environmental, Energy and Resources Law Summit

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June 18, 2013

Impact Benefit Agreements: Stories about Resource Extraction and Communities, Global Development Forum

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May 29, 2013

Ontario’s Mining Act, Canadian Council for Aboriginal Business (CCAB)

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May 09, 2013

Aspects of Mining Water Regulation in Key Provinces, Water Management for Mining Summit, Infocast

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April 29, 2013 to May 01, 2013

21st Annual CANECT 2013

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April 02, 2013

Wastewater Legislation, Ontario Bar Association Passport Series

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March 15, 2013 to March 16, 2013

We Are All Here to Stay: Reconciling Mining and First Nations, Lakehead University, Centre for Northern Studies Symposium

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March 13, 2013

Overview of Types of Mining Agreements, NAN First Nations Mining Information and Strategy Sessions

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February 12, 2013

Effective Strategies for Reconciling Mining and First Nations, Global Development Forum

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February 07, 2013

The Duty to Consult and Beyond: Hot Topics, Practical Tips and Pitfalls to Avoid for Aboriginal Law Practitioners, Ontario Bar Association

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December 05, 2012

Community Partnership Series: First Nations Info Sharing Session, Ontario Stone, Sand & Gravel Association (OSSGA)

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November 20, 2012

New Mining Act: Regulations and Aboriginal Consultation, Community Gems, Faceted Outcomes, CAMA

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October 29, 2012 to October 31, 2012

Engaging & Negotiating with Aboriginal Communities, The Canadian Institute

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October 17, 2012

The Six-Minute Environmental Lawyer 2012, Law Society of Upper Canada

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September 24, 2012 to September 25, 2012

Environmental Considerations and Consulting with Aboriginal Communities: Legal Issues, Mini-MBA for Mining, Federated Press

More

2014

  • Chair and Speaker, “Trends and Developments in Water and Wastewater Law”, Envirogate 2014
  • “The Latest Aboriginal Law from the Supreme Court of Canada on Resource Development”, The Six-Minute Environmental Lawyer, The Law Society of Upper Canada
  • “Aboriginal Property Issues for Real Estate Lawyers”, Webinar, Ontario Bar Association
  • “Overview of the Regulatory Regime for Water and Wastewater”, 22nd Annual Canadian Environmental Conference & Tradeshow (CANECT 2014)
  • "Environmental Assessments and Approvals and the Impact of Recent Legislative Changes”, Aboriginal Land Resource Management Forum 2014, Insight
  • “Engaging Stakeholder Communities: Exploring Ontario’s Integrated Regional Planning Process”, Ontario Power Conference, The Canadian Institute
  • “Environmental Permitting”, The Osgoode Certificate in Mining Law, Osgoode Professional Development
  • “Ontario and New Brunswick Water and Wastewater Regulatory Regimes”, Regional Approaches to Water Across Canada Webinar, National Environment, Energy and Resources Law Summit, Canadian Bar Association

2013

  • “Corporate-Aboriginal Relations: Building Mutually Beneficial Partnerships”, Webinar, The Conference Board of Canada
  • Co-chair and Speaker, “Overview of the Regulatory Regime for Water and Wastewater”, Envirogate 2013
  • “Impact of New Federal Environmental Legislation on Aboriginal Relations”, Willms & Shier Breakfast Seminar
  • “IBAs; New Federal Legislation”, Workshop at Constance Lake First Nation, Chiefs of Ontario
  • “Current Understandings of the Triggers for Aboriginal Engagement”, Aboriginal Engagement Workshop, Association for Professional Archaeologists
  • “Impact Benefit Agreements: Stories About Resource Extraction and Communities”, 2013 Annual National Environmental, Energy and Resources Law Summit, Canadian Bar Association
  • “Impact Benefit Agreements: Stories About Resource Extraction and Communities”, Resource Exploration & Development, Mining Summit, Global Development Forum
  • “Ontario’s Mining Act”, Member Roundtable, Canadian Council for Aboriginal Business
  • “Mining Water Regulation in Ontario”, Water Management for Mining, Infocast
  • “Overview of the Regulatory Regime for Water & Wastewater” and “Federal Fisheries Act Enforcement”, 21st Annual Canadian Environmental Conference & Tradeshow (CANECT 2013)
  • “New Federal Legislation: What’s Ahead?”, Ministry of Energy and Ontario Power Generation
  • “Wastewater Legislation”, Passport Series, Ontario Bar Association
  • “We Are All Here To Stay: Reconciling Mining and First Nations”, Centre for Northern Studies Symposium, Lakehead University,
  • “Overview of Types of Mining Agreements”, Mining Information and Strategy Sessions, Nishnawbe Aski Nation
  • “Reconciling Mining and First Nations”, Resource Exploration & Development, Mining Summit, Global Development Forum
  • “Impact of Key Federal Regulatory Changes on Consultation”, Aboriginal Law, Institute 2013, Ontario Bar Association

 2012

  • “Forming Successful Partnerships with First Nations”, Community Partnership Series, Ontario Stone, Sand & Gravel Association
  • “New Mining Act Regulations and Aboriginal Consultation”, Workshop, Community Gems, Faceted Outcomes, Canadian Aboriginal Minerals Association
  • “Impacts of Regulatory Changes on Consultation and Aboriginal Communities”, and Workshop: “Aboriginal Consultations and Impact Benefit Agreements”, Engaging and Negotiating with Aboriginal Communities, The Canadian Institute
  • “What You Need to Know About the New CEAA”, Plenary: Environmental Assessments, 2nd Annual Ontario First Nation Economic Developers Association EDO Conference 
  • “Aboriginal Consultations and Impact Benefit Agreements”, Mini MBA for Mining Workshop, Federated Press
  • “A Common Thread—Aboriginal Consultation, Federal and Provincial Legislative Changes Workshop”, Ontario Water Association
  • “Water & Wastewater: Provincial Regulatory Regime”, 20th Annual Canadian Environmental Conference & Tradeshow (CANECT 2012)
  • “The Canadian Environmental Assessment Agency Processes: The Ring of Fire EA and The Role of Consultation and Accommodation: Why Negotiate Impact Benefit Agreements”, Attawapiskat Ma-Moo-We-Chee-He-To-Win Conference on Impact Benefit Agreements

 2011

  • “What’s New with Approvals?”, 21st Annual Construction Superconference, The Canadian Institute
  • “Aboriginal Consultation”, The Six-Minute Environmental Lawyer, The Law Society of Upper Canada
  • “Best Practices: IBAs and Transmission and Construction Procurement”, Negotiating with Aboriginal Communities, The Canadian Institute
  • “Developing a Model Impact Benefit Agreement”, Master Class, The Fundamentals of Aboriginal Law, The Canadian Institute
  • “Ontario’s Drinking Water Protection Framework Update”, National Environment, Energy and Resources Law Summit, Canadian Bar Association
  • “Ensuring Safe Drinking Water in First Nations Communities”, Managing Aboriginal Land and Water Interests, Insight Information
  • “Duty to Consult and Aboriginal Engagement”, Air and Waste Management Association—Ontario Section

 2010

  • “Legal Imperatives: Compliance and Innovation in the Regulatory Framework”, Water Opportunities, 2010
  • “Creating Mutually Beneficial Aboriginal-Industry Joint Ventures and Collaboration Agreements”, Engaging and Negotiating with Aboriginal Communities, The Canadian Institute
  •  “Impact Benefit Agreements”, Canadian Mining Law & Finance 2010 Conference, Cambridge Forums
  • “Creating Model Impact Benefit Agreements (IBAs)”, Aboriginal Law Consultation & Accommodation, The Canadian Institute
  • “Developing Partnerships with the Aboriginal Community”, Renewable Energy Infrastructure, Infonex

Older

  • Encouraging Aboriginal-Industry Partnerships in the Resource Sector in Ontario, The Canadian Institute, December 7-8, 2009
  • Willms & Shier Aboriginal Breakfast Workshop, Developing a Municipal-Aboriginal Consultation Protocol, November 12, 2009
  • Ontario’s New Mining Act, The Canadian Aboriginal Minerals Association, Toronto, November 1-3, 2009
  • Aboriginal Energy Partnerships in Ontario, Insight Information, October 26-27, 2009
  • Municipalities, Boards & Tribunals, Crown and Aboriginal Duties: Beyond Consultation, PBLI, May 13-14, 2009
  • Getting Up-to-Date on New Provincial Issues Impacting Consultation: Critical Developments in Ontario’s Mining Act and Other Major Initiatives, Aboriginal Law, Consultation & Accommodation, The Canadian Institute, February 18-19, 2009
  • A Cross-County Review: Exploration and Mining Issues Affecting First Nations and Métis, Aboriginal Law, Consultation & Accommodation, The Canadian Institute, February 18-19, 2009
  • Willms & Shier Aboriginal Breakfast Workshop, Legal Update on the Duty to Consult, January 15, 2009
  • Environmental Due Diligence, Schulich School of Business, November 10, 2008
  • Environmental Due Diligence, Conducting Effective Corporate Due Diligence, Osgoode Professional Development, November 5, 2008
  • Water: The Regulatory Framework, Fundamentals of Environmental Law and Regulation, The Canadian Institute, April 17-18, 2008
  • First Nations Consultation and Accommodation, Fundamentals of Environmental Law and Regulation, The Canadian Institute, April 17-18, 2008
  • Do Municipalities Have a Duty to Consult?, Aboriginal Law and Consultation, The Canadian Institute, February 12-13, 2008
  • Is Environmental Law Sustainable Practice? Tips Every Lawyer Should Know, CBA-NB Midwinter Environmental Law Section Meeting, CBA (New Brunswick), February 9, 2008
  • Identifying, Managing and Mitigating Risks – the Clean Water Act, 14th Annual Provincial/Municipal Government Liability, CI, February 7-8, 2008
  • Keeping Your Head Above Water Law, Environmental Law: Staying Aloft Amid a Flurry of New Developments, The Canadian Institute, OBA Enviro Law Section, February 4, 2008
  • Examining the Latest Source Protection Strategies for Surface Water and Groundwater, Drinking Water Quality Management, The Canadian Institute, January 28-29, 2008
  • Willms & Shier Aboriginal Breakfast Workshop, Consulting with Municipalities - First Nations, January 18, 2008
  • Environmental Due Diligence, Conducting Effective Corporate Due Diligence, OHPDC, November 1, 2007
  • Practical and Legal Considerations in Source Protection, AMO 108th Annual Conference, August 21, 2007
  • The Water Law Framework: From Source to Tap, OBA – Ontario’s Water Law & Policy, June 12, 2007
  • Willms & Shier Aboriginal Breakfast Workshop, May 31, 2007
  • Challenging and Negotiating Regulatory Orders and Decisions, AMCTO Zone 8: Mid-May Environmental Law Issues, May 16, 2007
  • Drinking Water Challenges and The Law for Municipalities, AMCTO Zone 8: Mid-May Environmental Law Issues, May 16, 2007
  • Strategies for Managing Environmental Litigation: Overcoming the New Challenges and Responsibilities of the Expanding Jurisdiction of Municipalities, The Canadian Institute, February 16, 2007
  • Integrating Environmental Regulatory Compliance into your Consultation Framework, Aboriginal Law and Practice Summit, The Canadian Institute, February 13, 2007
  • Fall-Out from Kashechewan: Ensuring Safe Drinking Water On-Reserve, Hot Topics and Developments in Aboriginal Law 2006, OBA, February 6, 2007
  • Reducing the Risks of Municipal Government Liability: Municipal Liability for Water, (OHPDC), January 25, 2007
  • Farmers’ Responsibilities and Liabilities for Using Biosolids, Building Trust and Partnership Between Biosolids Generating and Receiving Communities, December 13, 2006
  • Conducting Effective Corporate Due Diligence: Environmental Due Diligence, (OHPDC), November 2, 2006
  • Managing New Responsibilities: The Municipality as Environmental Steward: Managing Water, Creating and Enforcing Municipal By-laws – A Legal and Practical Guide, The Canadian Institute, September 14, 2006
  • Water Issues: Navigating the Regulatory Framework, Fundamentals of Environmental Law and Regulations, The Canadian Institute, April 3, 2006
  • Drinking Water Source Protection – A Primer, Managing Nutrients and Biomass for a Sustainable Rural Economy, Integrated Solutions to Manure Management III, ONEIA, March 9, 2006
  • Water, Water Everywhere Legislative and Compliance Update, Environmental Law and Regulation in Ontario Workshop B – Environmental Due Diligence for Directors and Officers, The Canadian Institute, November 30, 2005
  • Industrial and Municipal Water Use, Industrial Water and Wastewater, CANECT, Templegate, May 11, 2005
  • Source Protection and Municipal Waste Water, Source Protection and Sewage, WEAO, April 19, 2005
  • Drinking Water Source Protection Update, 6 Minute Municipal Lawyer, LSUC, March 3, 2005
  • Drinking Water Update: Municipal Liability, Land, Water & Sewage: The Municipality as Gatekeeper, The Canadian Institute, February 17, 2005
  • Right to the Source on Source Water, Renewing Our Communities: From the Municipal Front Door to Parliament Hill, AMO, August 24, 2004
  • Source Protection: Constrains and Opportunities for Municipalities, Watershed Management – Small Community Issues, WEAO, April 20, 2004
  • Manure: Unravelling the New Regulatory Regime, Manure Management II, ONEIA, March 8, 2004
  • From Spills to Landfills: Overcoming New Environmental Liabilities, 10th Annual Provincial/Municipal Liability, The Canadian Institute, February 20, 2004
  • Water: Public or Private?, A.D. Latornell Conservation Symposium, Conservation Ontario & the Centre for Land and Water Stewardship, University of Guelph, November 13, 2003
  • Environmental Law Course Teaching, Ryerson University, 2002
  • Walkerton: Its Implications for Local Government in British Columbia, Environmental Law and New Era in BC, Insight, October 28-29, 2002
  • Implementing of the Precautionary Principle in Canada, Cameron, Reinterpreting the Precautionary Principle (Tim O’Riorden, J. Cameron and A. Jordan), May 2001

Articles

August 21, 2017

Wind Farm Approval Revoked Due to Human Safety Concerns

On August 16, 2017 the Environmental Review Tribunal (the "Tribunal") released its decision in Wiggins v Ontario (Environment and Climate Change), ...

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July 31, 2017

Heavy Lies the Head that Wears the Crown: SCC Delivers Clyde River and Chippewas Judgments

On July 26, 2017, the Supreme Court of Canada released its unanimous decisions in Clyde River (Hamlet) v Petroleum Geo-Services Inc. and Chippewas ...

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July 25, 2017

Saugeen First Nation v Ontario: Court Comments on Crown Role and Consultation Funding

The Ontario Divisional Court recently released its decision in Saugeen First Nation v Ontario.  In many ways, this decision describes a case s...

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July 17, 2017

BC Court Declines to Issue Injunction in Aboriginal Treaty Rights Case

The Supreme Court of British Columbia recently released its decision in Yahey v British Columbia. The Court clarified the requirements for Aborigin...

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July 10, 2017

Federal Discussion Paper Released on Review of Environmental Regulatory Processes

In keeping with its 2015 election platform, the Liberal government launched a comprehensive review in June 2016 of the following key pieces of envi...

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February 22, 2017

Is There a Duty to Consult on Legislation? SCC May Decide

This week the SCC received an application to hear an appeal of the Federal Court of Appeal ("FCA") decision in Canada (Governor General In Council)...

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January 30, 2017

New NEB Energy East Panel Reset

On January 9, 2017, the National Energy Board appointed three new members to hear the Energy East application following the recusal of the previous...

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December 06, 2016

Rubin v MOECC: Balancing Environmental Protection and Financial Hardship

When the Ontario Ministry of the Environment and Climate Change (MOECC) orders businesses or individuals to complete work required to protect the e...

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December 01, 2016

Aboriginal Consultation and Administrative Proceedings: Two Cases Heard by the SCC in November

For Indigenous law watchers, November 30, 2016 was a notable day. The Supreme Court of Canada (SCC) in a day long sitting heard Hamlet of Clyde Riv...

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November 23, 2016

Energy Savings: Unlocking Triple Bottom Line Benefits

Institutions looking to reduce their environmental footprint and greenhouse gas emissions are taking note of a new idea - Energy Performance Contra...

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September 27, 2016

Unreasonable Delay and Environmental Prosecutions

Companies and individuals who may be charged with environmental offence, often ask how long the legal proceedings may last.  In the event the ...

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September 15, 2016

Reconciliation Update: A Look Beyond Resource Engagement

As we focus on fall activities for resource and infrastructure projects, some may pause to consider the Indigenous issues which are top of mind in ...

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September 07, 2016

Climate Change Action Plan: Indigenous Partnerships and Clean Energy

On June 8, 2016, Ontario released its Climate Change Action Plan ("CCAP"). The five year plan outlines the province’s strategy and commitment...

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July 11, 2016

Ontario Government to Support Indigenous and Community Involvement in Renewable Energy Projects

On June 27, 2016 Ontario’s Independent Electricity System Operator (IESO) commenced its Energy Partnerships Program (EPP).  The EPP merg...

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July 08, 2016

Northern Gateway Pipeline Project on Hold Until Canada Adequately Fulfills Duty to Consult

Canadian resource industry, government leaders and Aboriginal communities will be adding the recent Federal Court of Appeal Northern Gateway decisi...

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April 29, 2016

Métis and Non-status Indians: Out of the Jurisdictional Wasteland

On April 14, 2016, the Supreme Court of Canada released its decision in Daniels v Canada (Indian Affairs and Northern Development).  In this l...

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April 08, 2016

Ontario Relaxes Approvals for Routine Water-Taking

The Ministry of the Environment and Climate Change (MOECC) is planning to ease or remove the requirement for permits to take water (PTTW) for certa...

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March 28, 2016

2016 Federal Budget Increases Funding for Environmental and Aboriginal Issues in Canada

On March 22, 2016, Finance Minister Bill Morneau introduced the Liberal Government’s first budget ("2016 Budget") since winning last year&rsq...

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February 18, 2016

City Hall Shakes Up Sewer Discharge By-law

At its meeting of February 3, Toronto City Council voted to amend the Sewers By-law (Municipal Code Chapter 681) and the Water Supply By-law (Munic...

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January 22, 2016

Ontario Approves Final Source Water Protection Plan

On November 26, 2015, Ontario approved the Grand River Source Protection Plan. The Plan will take effect on July 1, 2016. This is the 22nd and fina...

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November 20, 2015

Operating Authorities Would be Required to Assess the Threat Posed by Climate Change, Algal Blooms and Other Hazards to Municipal Drinking Water Systems

Draft revisions to the Drinking Water Quality Management Standard (DWQMS) being proposed by the Ministry of Environment and Climate Change (MOECC) ...

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October 29, 2015

First Nations Not Barred From Bringing Claims Against Private Parties Based On Harm To Unproven Aboriginal Rights, Title and Treaty Rights

The Supreme Court of Canada will not hear appeals of British Columbia and Quebec Court of Appeal decisions allowing First Nations to proceed in law...

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October 16, 2015

Third Time Lucky as Great Lakes Protection Act is Finally Passed

After two earlier versions died on the order paper, the Ontario Legislature finally passed Bill 66, the latest iteration of the Great Lakes Protect...

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August 19, 2015

Ontario Approves Source Protection Plan for much of the Greater Toronto-Hamilton Region

On August 14, 2015, Ontario approved the Credit Valley-Toronto and Region-Central Lake Ontario (CTC) Source Protection Plan (SPP) and the Halton-Ha...

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July 23, 2015

Yellowknives Dene First Nation v. Debogorski: Is the duty to consult changing?

On June 23, 2015, the Federal Court of Appeal (“FCA”) released Yellowknives Dene First Nation v. The Minister of Aboriginal Affairs and...

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July 21, 2015

NEB Releases List of Aboriginal Intervenors for Energy East

The National Energy Board (“NEB”) has released a list of 109 Aboriginal groups that have been approved as Intervenors in the proceeding...

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May 12, 2015

BC Court of Appeal: First Nations can bring tort claims for harm to asserted rights

On April 15, 2015 the British Columbia Court of Appeal (“BCCA”) released Saik’uz First Nation v Rio Tinto Alcan Inc. (&...

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April 28, 2015

Nunavut Homeowner Ordered to Pay $55,000 for Heating Oil Tank Spill

On April 13, 2015 a homeowner from Apex, Nunavut was ordered to pay the Government of Nunavut $55,000 in restitution for clean up expenditures resu...

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April 17, 2015

Ontario to join Quebec and California in Implementing Carbon Cap and Trade System to Reduce Greenhouse Gas Emissions

On April 13, 2015, Ontario announced that it would join Quebec and California’s harmonized cap and trade system to reduce greenhouse gas (GHG...

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April 07, 2015

Groundbreaking IIBA and Land Tenure Agreements in Nunavut

The Kitikmeot Inuit Association (“KIA”) and TMAC Resources Inc. (“TMAC”) signed a 20 year Inuit Impact and Benefits Agreeme...

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April 01, 2015

The Northwest Territories and Alberta Sign a Mackenzie River Basin Bilateral Water Management Agreement

On March 18, 2015, the Government of the Northwest Territories and the Government of Alberta signed a Mackenzie River Basin Bilateral Water Managem...

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March 27, 2015

Update: Canada files Notice of Appeal for the Injunction granted by the Northwest Territories Supreme Court to Delay Elimination of Wek’èezhìi Land and Water Board

This is an update to our March 2, 2015 article entitled Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Eliminatio...

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March 17, 2015

Water Canada Magazine Highlights Article on Stormwater Management by Julie Abouchar

Willms & Shier partner Julie Abouchar's article "Adaptation Strategy", written with the assistance of Mark Youden, Student-at-La...

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March 02, 2015

Northwest Territories Supreme Court Grants Tłįchǫ Government Injunction To Delay Elimination of Wek’èezhìi Land and Water Board

On February 27, 2015, the Supreme Court of the Northwest Territories (NWTSC) released its interlocutory decision in Tłįchǫ Government v Canada (Att...

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February 19, 2015

Ontario Source Water Protection Plan Approval Update

Ontario has approved 15 new Source Water Protection Plans (SPP) under the Clean Water Act, 2006. The latest is the South Georgian Bay Lake Simcoe S...

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February 19, 2015

Company Fined $185,000 under the Fisheries Act for Discharge to Municipal Drain

On November 6, 2014, the Alberta Provincial Court ordered Norellco Contractors Ltd. (Norellco) to pay $185,000 after Norellco pleaded guilty to one...

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January 12, 2015

Energy East Pipeline Project Moves Closer to National Energy Board Hearing

TransCanada/Energy East’s Application to develop an oil pipeline to run from Alberta and Saskatchewan refineries to Eastern Canada moved step...

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January 06, 2015

First Nation Challenges to Hydroelectric Development - A Tale of Two Provinces

A new article by Julie Abouchar and Nicole Petersen comparing hydro development in Ontario with the historical, policy and legal reasons for the ch...

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December 23, 2014

Ontario Regulatory Amendments Strengthen Protection of Great Lakes–St. Lawrence River Basin

Companies and entrepreneurs wishing to divert water from one Great Lake watershed to another should note stricter requirements, the last of which w...

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December 10, 2014

The First Nation of Nacho Nyak Dun v Yukon—Interpretation, Reconciliation and the Land Use Planning Process in Modern Treaties

On December 2, 2014, the Yukon Supreme Court released its much anticipated decision in The First Nation of Nacho Nyak Dun v Yukon. The decision cen...

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November 11, 2014

Canada Tables Extractive Sector Transparency Measures Act – Mandatory Reporting of Payments to Aboriginal Governments

Mandatory disclosure of payments made to Aboriginal communities from companies in the oil, gas and mining sectors will likely soon become a reality...

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November 06, 2014

Julie Abouchar Discusses Provincial Aboriginal Consultation Responsibilities and What Proponents Can Do to Move Projects Forward

Julie Abouchar is quoted in a Law Times article discussing the Supreme Court of Canada's decision in Grassy Narrows First Nation v. Ontar...

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October 30, 2014

Ontario Premier Wynne Mandates Aboriginal Priorities

Ontario Premier Kathleen Wynne released mandate letters to her cabinet ministers on September 25, 2014, outlining key priorities for each ministry....

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October 03, 2014

Ontario Premier Wynne Mandates Environmental and Energy Priorities

Ontario Premier Kathleen Wynne released mandate letters to her cabinet ministers on September 25, 2014, outlining key priorities for each ministry....

More

September 04, 2014

Ontario Approves Mississippi-Rideau Source Protection Plan

Ontario approved the Mississippi-Rideau Source Protection Plan under the Clean Water Act, 2006 on August 28, 2014. The Plan will take effect on Jan...

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July 17, 2014

Supreme Court Clarifies Provincial Aboriginal Consultation Responsibilities When Issuing Resource Permits in Keewatin and Applies Tsilqot’in Infringement Test

The Supreme Court of Canada’s recent decision in Grassy Narrows First Nation v Ontario (Natural Resources) (also known as “Keewatin&rdq...

More

July 08, 2014

Supreme Court of Canada Grants Tsilhqot’in Aboriginal Title in William – Implications for Resource Development in Canada

The Supreme Court of Canada issued a ground-breaking declaration of Aboriginal title on June 26, 2014. The Court’s decision in Roger William ...

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June 24, 2014

First Nations Launch Drinking Water Lawsuit Against Federal Government

Four Alberta First Nations launched a lawsuit against the federal government on June 16, 2014, alleging that Canada failed to provide resources and...

More

June 18, 2014

Federal Government Approves Northern Gateway Pipeline With Conditions

The Federal Government approved the Northern Gateway pipeline on Tuesday June 17, 2014, adopting the 209 conditions recommended by the Joint Nation...

More

June 03, 2014

Julie Abouchar Quoted in Article – Eastbound and Down: Atlantic Canada is the Next Major Pipeline Battleground

Julie Abouchar is quoted in an article discussing developments to and challenges facing TransCanada’s Energy East project and Enbridge&r...

More

May 20, 2014

Pipeline Update: New Rules, UN Report and Court Challenge to Energy East

A number of news stories caught the attention of pipeline watchers last week. On Monday, the UN’s Special Rapporteur released his report on t...

More

May 08, 2014

TransCanada Files Eastern Mainline Pipeline Project Description with National Energy Board

TransCanada filed its Eastern Mainline Project Description with the National Energy Board (NEB) today. TransCanada proposes to construct ...

More

May 08, 2014

Julie Abouchar Quoted in Article - Focus: Disclosure of Mining Payments a Hot Topic

Julie Abouchar is quoted in an article discussing the move to boost transparency regarding mining payments. The article, "Focus: Disclosure of...

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May 08, 2014

Mounting Opposition by Municipalities, Aboriginal Communities and Environmentalists Threatens To Halt Pipeline Development

Five major oil pipeline construction and/or expansion projects in various stages of development across Canada would, if completed, collectively car...

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April 28, 2014

Federal Government Releases Details of New Environmental Review Process Under CEAA, 2012

Aboriginal Affairs and Northern Development Canada (“AANDC”) has released details of its new Environmental Review Process (ERP) under t...

More

April 16, 2014

Ontario Approves Mattagami Region Source Protection Plan

Ontario approved the Mattagami Region Source Protection Plan under the Clean Water Act, 2006 on April 10, 2014.  The Plan will take effect on ...

More

April 15, 2014

Julie Abouchar Quoted in Article - Aboriginal Interests Gain Ground in Land Use Planning

Julie Abouchar is quoted in an article discussing the delegation of the duty to consult to Ontario Municipalities under the recently-upda...

More

April 02, 2014

Proposed Amendments to Federal Metal Mining Effluent Regulations

Mining companies and Aboriginal communities should note the upcoming Regulations Amending the Metal Mining Effluent Regulations. The proposed amend...

More

March 19, 2014

Julie Abouchar Quoted in Article - Watershed Moment - New PPS Policies on Ontario's Natural Environment

Julie Abouchar is quoted in an article discussing new language and policies to protect Ontario's natural environment under the recently-u...

More

March 10, 2014

Fisheries Act Regulations Authorize Deposits of Deleterious Substances into Water Frequented by Fish

Draft regulations released on February 15, 2014 create a policy framework enabling the federal government to make regulations exempting certain act...

More

February 20, 2014

Disclosure of Oil and Gas & Aboriginal Payments Uncertain, Despite Release of Recommendations on Mandatory Disclosure of Payments from Canadian Mining Companies to Governments

Companies and Aboriginal communities negotiating resource agreements should note the Resource Revenue Transparency Working Group’s January 16...

More

February 11, 2014

Federal Pest Management Regulatory Agency Announces Review of Active Ingredients in Registered Pest Control Products

The federal Pest Management Regulatory Agency (PMRA) will reevaluate 23 active ingredients currently found in some 360 pest control products regist...

More

February 04, 2014

First Nations and Environmental Groups Apply To Reopen Northern Gateway Project Environmental Joint Review Panel

First Nations and environmental groups are asking the courts to quash the report by the Joint Review Panel (Panel) for Enbridge’s Northern Ga...

More

January 17, 2014

Noront Submits Environmental Assessment for Eagles Nest Project – What’s Next for Aboriginal Communities, Resource Proponents and Government in the Ring of Fire?

Noront Resources Ltd. submitted its draft Environmental Impact Statement/Environmental Assessment Report for its Eagles Nest Project in Northern On...

More

December 09, 2013

Ontario’s New Long-Term Energy Plan Emphasizes Conservation, Demand Management and Renewables

Ontario has released its 2013 Long-Term Energy Plan, Achieving Balance, which focuses on conservation, demand management and renewables to meet the...

More

December 09, 2013

Ottawa Finalizes EA Regulations and Shortens List of Activities Subject to Federal Assessment

Ottawa has finalized the list of physical activities subject to the revamped Canadian Environmental Assessment Act, 2012.  As anticipated, the...

More

December 09, 2013

Ecojustice Files Suit to Close Loophole in B.C. Water Act

Ecojustice filed a lawsuit with the B.C. Supreme Court on November 13, 2013 on behalf of Sierra Club B.C. and the Wilderness Committee.  ...

More

July 16, 2013

Julie Abouchar Quoted in Article – Drinking Water Dispute

Julie Abouchar quoted in article by Kerry Freek – Drinking Water Dispute, Water Canada, May/June 2013.

More

January 09, 2013

Another Big Budget Bill, More Big Changes

This summer we wrote about changes to Canada’s environmental legal landscape introduced by the first budget bill (Bill C-38), and their significance to the Canadian Environmental Assessment Act (CEAA) and the Fisheries Act.

More

September 15, 2012

Implementing Ontario’s New Archaeology Standards

Municipal planners and developers are finding that they not only have to address how a proposed project could affect theenvironment, but also its potential to affect Aboriginal cultural resources.

More

June 01, 2012

Gutting the Fisheries Act and Other Federal Environmental Legislation

At least at the federal level, it appears that the environmental law landscape in Canada is changing. With the announcement of the federal budget, it was clear that there would be wide and sweeping changes to both the Canadian Environmental Assessment Act (CEAA) and the Fisheries Act.

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April 01, 2012

Courts Shed Light on Consultation

Ever since the Supreme Court’s landmark Haida decision in 2004, companies, governments and aboriginal communities have been making sense of the “duty to consult” when a contemplated action may adversely affect an aboriginal right or title.

More

March 01, 2012

Looking into the Future of Water: Technology, Energy, Rates and First Nations Rights

After learning that this issue’s theme is Cities of the Future, we decided to take the rare opportunity to rise above the current and pending legislation, regulations and policies and look more broadly into the future of the water industry in Canada.

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December 01, 2011

Planning for Asset Management: The Reports on Water Quality, The Wait for Regulation

Asset management and financial viability are concerns at some water and wastewater treatment plants across the province. Municipalities both large and small, as well as First Nations struggle to find adequate financial resources to treat water and wastewater.

More

October 01, 2011

How Fit is it? A Review of the Green Energy Act and the Feed-in Tariff Program for Water and Wastewater Projects

The Green Energy Act was enacted on May 14, 2009. Over the months that followed, a number of new regulations and amendments were drafted and declared in force. On October 1, 2009, the Ontario Power Authority began accepting applications under the Feed-In Tariff (FIT) program.

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August 01, 2011

Ottawa's Proposed National Standards for Municipal Wastewater Receive Mixed Reviews

On March 20,2010, the Minister of the Environment published the draft Wastewater Systems Effluent Regulations, under the Fisheries Act with little fanfare.1 These regulations will create significant progress in addressing an important environmental issue – water pollution. The draft Wastewater Systems Effluent Regulations will be the first major addition to the federal water pollution control standards in more than 20 years.

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June 01, 2011

The Other Half of the Green Energy Equation: Energy Conservation and Energy Efficiency

In a world increasingly concerned with energy, the focus is often on thesource of energy. Discussions on energy are often framed by a debate about whether we should continue to use fossil fuels or move to renewable sources of energy such as wind and solar.

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December 01, 2010

Protecting Lake Simcoe: When a Strategy Imposes Legal Limits

Outside of the Great Lakes, Lake Simcoe is the largest lake in southern Ontario. Eight municipalities obtain their drinking water from Lake Simcoe. The Lake Simcoe watershed contains numerous provincially significant wetlands, woodlands, and productive agricultural areas.

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September 01, 2010

New Regulations Clarify Source Protection Plans

Recent amendments to the regulations under the Clean Water Act flesh out which approvals and permits will be subject to the mandatory requirements of source protection plans, and set out new policy tools that source protection committees can use to protect drinking water sources.

More

July 01, 2010

Ontario’s New Water Opportunities Strategy; Will it Make the Province a Leader in Water Technology?

In his Speech from the Throne earlier this year1, Premier Dalton McGuinty announced the creation of a strategy that seeks to make the province the North American leader in the development and commercialization of new technologies and services for water conservation and treatment.

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April 01, 2010

Is Sustainable Funding for Water and Wastewater Systems Finally Coming to Ontario?

The latest move in Ontario’s long and protracted shift towards sustainable water and wastewater infrastructure funding is Bill 237, which would enact the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2009 (“SWIM”)1. If enacted, it would establish the Ontario Water Board to oversee aspects of municipal water and wastewater treatment.

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January 23, 2010

Ontario Supports Aboriginal Access to Green Energy Boom

A renewable energy boom is coming to Ontario if the government estimates come to fruition. Ontario estimates that the Green Energy Act will create 50,000 jobs in the sector over three years and $10 billion in revenue.

More

October 02, 2009

Source water protection - Ontario Clean Water Act

The Ontario Clean Water Act (CWA) is intended to protect existing and future sources of drinking water. It is a response to Justice Dennis O’Connor’s recommendation in his report on the Walkerton tragedy to develop source protection plans at the local level for every watershed in Ontario.

More

September 01, 2009

Renewable Energy Projects Under the Green Energy Act

The province of Ontario’s recent Green Energy and Green Economy Act, 20091 (“GEGEA”) aims to establish Ontario as a leader in North America in building renewable energy generation facilities, encouraging energy conservation and creating green jobs.

More

2014

  • “First Nation Challenges to Hydroelectric Development—A Tale of Two Provinces”, co-authored by Nicole Petersen, 2014 Year in Review Newsletter, Ontario Waterpower Association
  • “Canada Tables Extractive Sector Transparency Measures Act—Mandatory Reporting of Payments to Aboriginal Governments”, co-authored by Nicole Petersen, Willms & Shier online: www.willmsshier.com
  • “Ontario Premier Wynne Mandates Environmental and Energy Priorities”, co-authored by Marc McAree, Willms & Shier online: www.willmsshier.com
  • “Ontario Approves Mississippi-Rideau Source Protection Plan”, Willms & Shier online: www.willmsshier.com
  • “Supreme Court Clarifies Provincial Aboriginal Consultation Responsibilities When Issuing Resource Permits in Keewatin and Applies Tsilqot’in Infringement Test”, co-authored by Charles Birchall and John Donihee, Willms & Shier online: www.willmsshier.com
  • “Supreme Court of Canada Grants Tsilhqot’in Aboriginal Title in William—Implications for Resource Development in Canada”, co-authored by Charles J. Birchall and John Donihee, Willms & Shier online: www.willmsshier.com
  • “First Nations Launch Drinking Water Lawsuit Against Federal Government”, Willms & Shier online: www.willmsshier.com
  • “Federal Government Approves Northern Gateway Pipeline With Conditions”, co-authored by Charles J. Birchall, Willms & Shier online: www.willmsshier.com
  • “Pipeline Update: New Rules, UN Report and Court Challenge to Energy East”, Willms & Shier online: www.willmsshier.com
  • “TransCanada Files Eastern Mainline Pipeline Project Description with National Energy Board”, co-authored by Charles J. Birchall, Willms & Shier online: www.willmsshier.com
  • “Mounting Opposition by Municipalities, Aboriginal Communities and Environmentalists Threatens To Halt Pipeline Development”, Willms & Shier online: www.willmsshier.com
  • “Federal Government Releases Details of New Environmental Review Process Under CEAA, 2012”, Willms & Shier online: www.willmsshier.com
  • “Ontario Approves Mattagami Region Source Protection Plan”, Willms & Shier online: www.willmsshier.com
  • “Proposed Amendments to Federal Metal Mining Effluent Regulations”, Willms & Shier online: www.willmsshier.com
  • “Disclosure of Oil and Gas & Aboriginal Payments Uncertain, Despite Release of Recommendations on Mandatory Disclosure of Payments from Canadian Mining Companies to Governments”, Willms & Shier online: www.willmsshier.com
  • “Federal Pest Management Regulatory Agency Announces Review of Active Ingredients in Registered Pest Control Products”, Willms & Shier online: www.willmsshier.com
  • “First Nations and Environmental Groups Apply To Reopen Northern Gateway Project Environmental Joint Review Panel”, Willms & Shier online: www.willmsshier.com
  • “Noront Submits Environmental Assessment for Eagles Nest Project—What’s Next for Aboriginal Communities, Resource Proponents and Government in the Ring of Fire?”, Willms & Shier online: www.willmsshier.com

 2013

  • “Ontario’s New Long-Term Energy Plan Emphasizes Conservation, Demand Management and Renewables”, Willms & Shier online: www.willmsshier.com
  •  “Ottawa Finalizes EA Regulations and Shortens List of Activities Subject to Federal Assessment”, Willms & Shier online: www.willmsshier.com
  • “Ecojustice Files Suit To Close Loophole in B.C. Water Act”, Willms & Shier online: www.willmsshier.com
  • “Another Big Budget Bill, More Big Changes”, Influents, Winter 2012

 2012

  • “Implementing Ontario’s New Archaeology Standards”, Municipal World, September 2012
  • “Gutting the Fisheries Act and Other Federal Environmental Legislation”, Influents, Summer 2012
  • “Courts Shed Light on Consultation”, The Lawyers Weekly, April, 2012
  • “Looking into the Future of Water: Technology, Energy, Rates, and First Nations’ Rights”, Influents, Spring 2012

 2011

  • “Planning for Asset Management: The Reports on Water Quality, The Wait for Regulation”, Influents, Winter 2011
  • “How Fit is It? A Review of the Green Energy Act and the Feed-In Tariff Program for Water and Wastewater Projects”, Influents, Fall 2011
  • “Ottawa’s Proposed National Standards for Municipal Wastewater Receive Mixed Reviews”, Influents, Summer 2011
  • “The Other Half of the Green Energy Equation: Energy Conservation and Energy Efficiency”, Influents, Spring 2011

 2010

  • “Protecting Lake Simcoe: When a Strategy Imposes Legal Limits”, Influents, Winter 2010
  •  New Regulations Under the Clean Water Act Source Water Protection Policies Move Closer to Reality?, Influents, Fall 2010
  • “Ontario’s New Water Opportunities Strategy—Will it Make the Province a Leader in Water Technology?”, Influents, Summer 2010
  • “Is Sustainable Funding for Water and Wastewater Systems Finally Coming to Ontario?”, Influents, Spring 2010

 Older

  • New Rules and Guidelines for Land Application of Sewage Biosolids, Influents, Winter 2009
  • Source Water Protection, How the Ontario Clean Water Act protects drinking water sources, The Lawyers Weekly, October 2009
  • Renewable Energy Projects Under the Green Energy Act, Influents, Fall 2009
  • Speedy Passage for Green Energy Act, Amendments Address Concerns and Clarify Intent, Canadian Property Management, June 2009
  • The Regulation of Small Sewage Systems, Influents, Summer 2009
  • Pitfalls of Dispersion Modeling Odour Emissions, Influents, Spring 2009
  • Water Damage – The consequences of ignoring Ontario’s Safe Drinking Water Act, Canadian Water Treatment, March/April 2009
  • Five Lessons Learned: Defending Safe Drinking Water Act, 2002 Prosecutions, Municipal World, November 2008
  • Aboriginal Consultation: Tips for Corporate Counsel, Canadian Corporate Counsel Association (CCCA), September 2008, Number 21
  • Aboriginal Consultation During Class Environmental Assessments, Influents, Fall 2008, Volume 3
  • Legislation Coming To Protect Lake Simcoe: Interim measures to limit phosphorus discharges already in place, Influents, Summer 2008
  • Operator Liability to Regulatory Charges: Who can the Ministry of the Environment Prosecute when things go wrong?, Influents, Summer 2008
  • First Nations Water, Alberta Water Portal News, July 2008
  • National Sewage Treatments Standards Coming Soon: Proposed Federal Effluent Standards will Apply to Over 3,500 Wastewater Treatment Systems Across Canada, Influents, Spring 2008
  • Kemess North – FN Spiritual Values v. Mine Expansion Plan – Joint EA Panel Recommends Refusal, OBA – Sections in Review, Volume 2, No. 2, February 2008
  • Quotes - the Greening of Corporate Canada, Canadian Lawyer INHOUSE, August 2007
  • Aboriginal Duty to Consult Enters the Boardroom, The Resource, OBA – Natural Resources and Energy Section, Vol. 10, No. 2, June 2007
  • Must Municipalities Consult First Nations?, The Lawyers Weekly, June 2007
  • Advanced Costs: Funding First Nations Public Interest Cases, The Litigator, June 2007
  • Municipalities the gatekeepers of many environmental initiatives, Law Times News, June 25, 2007
  • Getting Convicted Under the Ontario Water Resources Act just got Easier, Influents, Summer 2007
  • Are you ready for the Clean Water Act? What you should know to be prepared for Ontario’s New Source Water Protection Legislation, Influents, Spring 2007
  • New Legal Horizons with Enviro Law Changes, Law Time News, May 14, 2007
  • MOE Releases New Guidelines for Chemical and Waste Storage – Guideline Standards may become best practices for chemical and waste storage, Influents, Winter 2007
  • Conflicts Between Municipal and Provincial Jurisdiction: Will the Clean Water ActTurn the Tide?, Influents, Winter 2006
  • Promised Reforms to Ontario’s Approvals Process Could Ease Way for Waste Management Initiatives, Influents, Fall 2006
  • Ontario Needs More Clarity on Brownfields, The Lawyers Weekly, June 16, 2006
  • New Clean Water Act for Ontario: Municipalities Face Challenges to Administration and Resources, Municipal World, April 2006
  • Peacock v. Norfolk (County): A setback in drinking water source protection, Municipal World, November 2005
  • Drinking Water Source Protection: Top 5 Things Municipal Mayors and Councillors Need to Know, Municipal World, April 2005
  • Water Taking: Municipal Role in Ontario” Municipal World, March, 2004
  • Nutrient Management: the road ahead for municipalities, Municipal World, October, 2003
  • Walkerton: its impact on groundwater protection law in Canada, Environmental Law Reporter, News & Analysis, Volume XXXIII July, 2003
  • Municipal role in water taking confirmed by Divisional Court Municipal World, March 2003
  • The Precautionary Principle in Canada: the First Decade” Environmental Law Reporter, News and Analysis, Vol. XXXII Dec. 2002
  • OMB upholds municipal authority to determine land use” Municipal World, July 2002
  • Spraytech v. Hudson, case note” Review of European Community and International Environmental Law, Volume 11, Issue 1, 2002
  • Implementation of the Precautionary Principle in Canada, in Reinterpreting the Precautionary Principle, Tim O’Riordan, J. Cameron and Andrew Jordan (Eds.) (Cameron May 2001).
  • Environmental Laws as Expropriation under NAFTA”, Review of European Community and International Environmental Law (8/2 1999) with Richard King
  • Environment" chapter in European Union Law Reporter, (CCH Editions, 1997, 1999) with James Cameron
  • Habitat Lost: taking the pulse of estuaries in the Canadian Gulf of Maine (Conservation Counsel of New Brunswick, 1998) with Janice Harvey and David Coon
  • Legal Framework: Canada in Rim of the Gulf, Restoring Estuaries in the Gulf of Maine, David Platt (ed.) (Island Institute, 1998)
  • Precautionary Principle and Future Generations" in Future Generations and International Law, Emmanuel Agius et al (eds.) (Earthscan, 1998) with James Cameron and Will Wade-Gery
  • New Brunswick Environmental Law" chapter in Canadian Environmental Law, (Second Edition) (Butterworths, 1998)
  • Guaranteeing a Green Future for New Brunswick" (Saint John) Telegraph Journal November 16, 1997 p. A4
  • A Foot in the Door: Environmental Groups Pursue a Stronger Role in Ensuring Compliance in International Agreements Alternatives (1 997) 23:2
  • Environmental Standing: International Obligations and Mexico, Review of European Community and International Environmental Law (1 996) 5:1
  • The Status of the Precautionary Principle in International Law in David Freestone and Ellen Hey (eds) The Precautionary Principle and International Law: The Challenge of Implementation (Kluwer, 1996) with James Cameron. Cited by the Supreme Court of Canada in Spraytech v. Hudson.
  • Canada and the Biodiversity Convention", Alternatives 20:1 (1993)
  • The Precautionary Principle: A Fundamental Principle of Law and Policy Designed for Protecting the Global Environment" Boston College International and Comparative Law Review (1991) with James Cameron
  • High Pressure Carbonation of Cementitious Grout Cement and Concrete Research Journal (1989) with E. Reardon and B. James

Books

Ontario Water Law - Julie Abouchar and Theresa McClenaghan

Willms & Shier partner Julie Abouchar has co-authored her new book, Ontario Water Law, with Theresa McClenaghan of the Canadian Environmental L...

More

  • Abouchar, J. and McClenaghan, T., Ontario Water Law, Canada Law Book, Toronto, 2014

 

News

August 26, 2015

Willms & Shier Lawyers Are Once Again Listed in The Best Lawyers in Canada© 2016

Congratulations to Willms & Shier Environmental Lawyers LLP partners Donna Shier, Marc McAree, Julie Abouchar, Charles (Chu...

More

August 01, 2017

Julie Abouchar Quoted in Article - Government Failed in its Duty to Consult

Julie Abouchar is quoted in the article "Government Failed in its Duty to Consult" by Alex Robinson, Law Times, July 31, 2017. Click here...

More

December 07, 2016

Willms & Shier Lawyers Are Once Again Listed in The Best Lawyers in Canada© 2017

Congratulations to Willms & Shier Environmental Lawyers LLP partners Donna Shier, Marc McAree, Julie Abouchar and Char...

More

December 23, 2014

Ontario Water Law - New Book By Julie Abouchar and Theresa McClenaghan Published December 12, 2014

Willms & Shier partner Julie Abouchar has co-authored her new book, Ontario Water Law, with Theresa McClenaghan of the Canadian Environmental L...

More

August 25, 2014

Willms & Shier Lawyers Once Again Listed in The Best Lawyers in Canada© 2015

Five Willms & Shier Environmental Lawyers LLP partners have been listed in The Best Lawyers in Canada© 2015. Congratulations to Willms &am...

More

July 07, 2014

Canadian Legal Lexpert Directory 2014

Congratulations to Willms & Shier partners John Willms, Donna Shier, Marc McAree and Julie Abouchar for their inclusion in the 2014 e...

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June 19, 2014

Willms & Shier Partners Called to the Nunavut Bar

Congratulations to Willms & Shier partners Julie Abouchar and Charles (Chuck) Birchall for their calls to the Nunavut bar on June 18,...

More

June 03, 2014

Eastbound and Down: Atlantic Canada is the Next Major Pipeline Battleground

Julie Abouchar is quoted in an article discussing developments to and challenges facing TransCanada’s Energy East project and Enbridge&r...

More

April 15, 2014

Julie Abouchar Quoted in Article - Watershed Moment - New PPS Policies on Ontario's Natural Environment

Julie Abouchar is quoted in an article discussing new language and policies to protect Ontario's natural environment under the recently-u...

More

April 03, 2014

Conference: All-Energy Canada Exhibition & Conference

Willms & Shier Environmental Lawyers LLP will be an exhibitor at the All-Energy Canada Exhibition & Conference, April 9-10, 2014 at the Exh...

More

March 19, 2014

Julie Abouchar Quoted in Article - Watershed Moment - New PPS Policies on Ontario's Natural Environment

Julie Abouchar is quoted in an article discussing new language and policies to protect Ontario's natural environment under the recently-u...

More

February 26, 2014

Conference: CANECT 2014 - Waste Management, Air Emissions and Water & Wastewater Programs

Willms & Shier partners and associates are Chairs and speakers at CANECT’s 22nd Annual Conference on Environmental Compliance Essentials....

More

February 20, 2014

Disclosure of Oil and Gas & Aboriginal Payments Uncertain, Despite Release of Recommendations on Mandatory Disclosure of Payments from Canadian Mining Companies to Governments

Companies and Aboriginal communities negotiating resource agreements should note the Resource Revenue Transparency Working Group’s January 16...

More

February 11, 2014

Federal Pest Management Regulatory Agency Announces Review of Active Ingredients in Registered Pest Control Products

The federal Pest Management Regulatory Agency (PMRA) will reevaluate 23 active ingredients currently found in some 360 pest control products regist...

More

December 10, 2013

Conference: Canadian Bar Association NEERLS Five-Part Webinar Series

CBA NEERLS Five-Part Webinar Series takes place January 16 to June 10, 2014.  Marc McAree chairs the series and is moderator on Jun...

More

December 09, 2013

Ontario’s New Long-Term Energy Plan Emphasizes Conservation, Demand Management and Renewables

Ontario has released its 2013 Long-Term Energy Plan, Achieving Balance, which focuses on conservation, demand management and renewables to meet the...

More

December 09, 2013

Ecojustice Files Suit to Close Loophole in B.C. Water Act

Ecojustice filed a lawsuit with the B.C. Supreme Court on November 13, 2013 on behalf of Sierra Club B.C. and the Wilderness Committee.  ...

More

November 11, 2013

Far-Reaching Fisheries Act Amendments Come into Force November 25, 2013

Long-awaited and far-reaching amendments to the federal Fisheries Act tabled in Bill C-38 come into effect on November 25, 2013.  If you recei...

More

November 01, 2013

Conference: Willms & Shier Presenting at Envirogate 2013 November 26-27

Envirogate's 20th Annual Conference on Environmental Compliance Essentials will be well-represented by Willms & Shier November 26-27, 2013 ...

More

November 01, 2013

Breakfast Seminar: Impact of New Federal Environmental Legislation on Aboriginal Relations, November 7, 2013

Julie Abouchar and Charles Birchall are hosting a complimentary breakfast seminar in Ottawa November 7th to discuss how amended...

More

October 28, 2013

Webinar: Corporate-Aboriginal Relations, December 6, 2013

On December 6th, Julie Abouchar and Katherine Koostachin are presenting a webinar at the Conference Board of Canada - "Corporate-Abo...

More

February 06, 2013

Congratulations to Celina Chan (University of Alberta), the winner of CAELS’ 2013 Environmental Law Writing Competition!

Willms & Shier, proud sponsor of The Canadian Association of Environmental Law Societies (CAELS)'s 2013 essay competition.

More

July 23, 2012

New wastewater systems effluent regulations

Wastewater treatment plants to meet Ottawa’s new minimum performance standards

More

July 20, 2012

New CEAA Regs Released

Thousands of screenings cancelled: Ottawa publishes regulations to implement new Canadian Environmental Assessment Act 2012

More

March 23, 2012

Recommendations of Federal Standing Committee on Environment and Sustainable Development

In an effort to improve the “timeliness” of federal assessments under the Canadian Environmental Assessment Act (CEAA), Ottawa appears ready to abrogate its oversight role in favour of any province that provides equivalent assessments. Responsibility for conducting larger screenings should be assigned to the Canadian Environmental Assessment Agency, unless another regulator is better suited to perform that role. The Minister of the Environment should be provided “more authority with respect to major projects,” although details on what that authority may be have not been released.

More

November 03, 2010

Julie Abouchar Introduces Minister Wilkinson at Water Opportunities 2010

On Monday, November 22, 2010 Minister John Wilkinson, Ontario Minister of the Environment, provided opening remarks at a combined session of the delegates from Water Opportunities 2010 and Environmental Compliance Essentials.

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November 02, 2010

Julie Abouchar Quoted in Article - Ontario’s Green Energy Act is Fueling a Dispute with Japan

That act includes a feed-in-tariff (FIT) program to encourage the adoption of renewable energy sources -- and support local businesses.

More

November 01, 2010

Julie Abouchar Quoted in Article - Lawyers Called to Help in Green Energy Battle

With Ontario getting on the green energy bandwagon, lawyers who practise real estate law face the prospect of representing clients who have been approached by alternative power developers seeking to set up wind farms or solar panel projects.

More

Education

  • Called to the bars of Ontario (1994), New Brunswick (1994), Nunavut (2014), Northwest Territories (2015)
  • Certified as a Specialist in Environmental Law by the Law Society of Upper Canada (2005)
  • LL.M., Environmental Law, University of London, U.K. (1995)
  • LL.B. and B.C.L., McGill University (1992)
  • B.Sc. (Hons.), Earth Sciences, University of Waterloo (1987)
  • Alternative Dispute Resolution, Law Society of New Brunswick (1995)

Expertise

"Willms & Shier is a bluechip environmental law firm."

Judge of the Ontario Superior Court of Justice