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August 04, 2020

Changes in place for Ontario’s Environmental Assessment Act

On July 8, 2020, the Ontario Government proposed significant amendments to the Environmental Assessment Act (“EAA”) included in the COVID-... More
July 14, 2020

Government of Ontario Seeks Public Input about Its New Water Quantity Management Program

The current moratorium on issuing permits to take water for the purpose of water bottling is expected to expire on October 1, 2020. During the morator... More
July 13, 2020

New Case Law - Clarifying or Muddying the Waters Post Redwater?

Canadian courts continue to grapple with issues at the untidy intersection of insolvency law and environmental regulation. Two recent cases, British C... More
July 10, 2020

R v Irngaut: Scope of Territorial Government’s Jurisdiction to Appeal Wildlife Convictions, and Officially Induced Error in the Co-Management Context

The Nunavut Court of Appeal (“NUCA”) released its decision in R v Irngaut on April 21, 2020. This summary conviction appeal arises from ch... More
June 02, 2020

Climate Change-Related Risks: A New Liability Risk for Corporate Directors and Officers?

Environmental liability for directors and officers is well established. Federal and provincial statutes in Canada impose statutory duties on directors... More
May 26, 2020

Court Overturns Jail Sentence for Corporate Director - R v Collingwood Prime Realty Holdings Corp et al

In a decision released on May 12, 2020, Justice D.E. Harris of the Ontario Superior Court of Justice (“the Court”) allowed an appeal from ... More
May 19, 2020

Do I have to comply with Environmental Regulations during the COVID-19 Pandemic?

The global COVID-19 pandemic has created an unprecedented crisis, causing significant disruptions to businesses across all sectors. The ever-evolving ... More
May 12, 2020

“It’s 2020” - Ontario Courts Embracing(?) Alternative Process and Remote Technology during the COVID-19 Pandemic

As the COVID-19 pandemic continues to evolve, courts in Ontario have been working to find solutions to the suspension of regular court operations. Num... More
April 29, 2020

What is the Role of Ontario’s New Commissioner of the Environment

About a year ago, on April 1, 2019, the Office of the Environmental Commissioner of Ontario (“ECO”) was shuttered by the Ontario Governmen... More
April 22, 2020

Applying Indigenous Law in Environmental Prosecutions: Sentencing Hearing in Heiltsuk Nation leads to $2.7M Fisheries Act Fine

On August 19, 2019, the British Columbia Provincial Court released the sentencing decision in R v Kirby Offshore Marine Operating LLC. The accuse... More
March 26, 2020

Fabricare Canada Magazine Highlights Article by Willms & Shier Environmental Lawyers

Check out the article by Jacquelyn Stevens and Anand Srivastava titled: What Is Your Risk Tolerance - Key Things to Think About when Buying ... More
March 23, 2020

Fisheries Act Violation Has Fuel Retailer Fined $1.25 Million

On February 18, 2020, Alberta fuel retailer Drever Agencies Inc. was fined $1.25M for violations of the federal Fisheries Act.  This fine is... More
March 19, 2020

The End of the Long and Winding Road? The Federal Court of Appeal Upholds the Trans Mountain Pipeline Expansion Project

On February 7, 2020, the Federal Court of Appeal (the “FCA”) upheld the approval of the proposed Trans Mountain Pipeline Expansion Project... More
March 02, 2020

The Deal That Didn’t Tank: Walton v Warren

On January 9, 2020, the BC Supreme Court released its decision in Walton v Warren.  Walton is about the survival of environmental obligation... More
January 21, 2020

Shareholders in the Crosshairs? Register of Individuals with Significant Control could have Implications for Environmental Regulatory Liability

As of June 13, 2019, the Canada Business Corporations Act (“CBCA”) requires certain federal corporations to keep a register of individuals... More
December 13, 2019

Behind the Mask: Canada Intends to Disclose the Identity of Masked Substances

Environment and Climate Change Canada (“ECCC”) intends to unmask the identity of up to 24 masked substances listed on the Domestic Substan... More
December 12, 2019

Time to Dish the Dirt – Ontario’s Excess Soil Regime Becomes Law

On December 4, 2019, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) filed the long-awaited On-Site and Exces... More
November 29, 2019

A Changing Climate around Reporting: Canadian Securities Regulator Provides Guidance on Reporting Climate Change-Related Risks

Concern for climate change-related impacts on businesses is growing rapidly.  Extreme weather events and long-term shifts in climate patterns hav... More
November 07, 2019

A Volatile Environment for Consumer Products?

On July 6, 2019, the federal government published proposed regulations establishing concentration limits for volatile organic compounds (“VOCs&r... More
October 31, 2019

Cannabis Solid Waste – a problem that’s growing like a weed

As we pass the one-year anniversary of Canada’s legalization of recreational cannabis (happy Cannaversary!), the demand for cannabis in Canada c... More
October 17, 2019

Deadline to Nominate Substances to the Revised In Commerce List is Fast Approaching

Anyone wishing to nominate a substance to the Revised In Commerce List (“R-ICL”) must do so before November 3, 2019. On November 3, 2... More
September 18, 2019

Ontario Court of Appeal finds that worsening GHG emissions tip the scales in favour of section 91 POGG powers

On August 28, 2019, the Government of Ontario filed its appeal of the June 28, 2019 Ontario Court of Appeal decision in the constitutional reference a... More
August 28, 2019

New Changes to Canada's Environmental Emergency Regulations

The new Environmental Emergency Regulations, 2019 (“New Regulations”), enacted under the Canadian Environmental Protection Act, 1999, came... More
July 31, 2019

Plastics in the Spotlight Part 2

Since we wrote about "Plastics in the Spotlight", there have been further developments in Canada.  The Philippines shipment has been returned to ... More
June 05, 2019

The Government of Canada is Seeking Input for a New Indigenous Knowledge Policy

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 consequ... More
May 28, 2019

Bill C-69 – Status Update and Opportunity for Input on Development of Regulations

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 consequ... More
May 16, 2019

Plastics in the Spotlight

Plastic marine litter has received a media spotlight in recent years.  There is an estimated 150 million tonnes of plastic present in oceans, a f... More
May 13, 2019

Hazmat Management Magazine - Supreme Court of Canada Denies Leave to Appeal in the Latest Dry Cleaner Contamination Case

Check out Marc McAree's article titled: Supreme Court of Canada Denies Leave to Appeal in the Latest Dry Cleaner Contamination Case which has been rep... More
May 07, 2019

Ecuadorians’ Efforts to Enforce Their Foreign Judgment in Canada against Chevron Corporation Is Brought to an End by Canada’s Highest Court

On April 4, 2019, the Supreme Court of Canada denied the Ecuadorian plaintiffs leave to appeal from an Ontario Court of Appeal decision.  By deny... More
April 23, 2019

Supreme Court of Canada Denies Leave to Appeal in the Latest Dry Cleaner Contamination Case

On April 11, 2019, the Supreme Court of Canada denied the dry cleaner’s application for leave to appeal from the Ontario Court of Appeal’s... More
April 05, 2019

Big fish, small fish; big fine, small fine – Recent penalties under Canada’s Fisheries Act

Environmental offences are typically punishable by fine; however fines can vary, even under a single statute. Canada’s Fisheries Act prevents an... More
March 29, 2019

Case Law Update: Alberta Court of Appeal Confirms that a Plaintiff May Lose the Right to Sue for Historic Contamination Because of the Passage of Time and Procedural Requirements

On February 6, 2019, the Alberta Court of Appeal upheld the proclamation of the Alberta Court of Queen’s Bench in Brookfield Residential (Albert... More
March 28, 2019

Ontario Court Gets Environmental Assessment for Rail Hub Back on Track

The Superior Court suspended Halton Region’s application for a declaration that provincial and municipal laws of general application applied to ... More
March 14, 2019

Canada-US-Mexico Trade Agreement Recognizes Indigenous Interests

On November 30, 2018, Canada, the United States, and Mexico (collectively, the “Parties”) signed the Canada-United States-Mexico Agreement... More
March 13, 2019

The Price of Environmental Review Tribunal Cost Awards

The Environmental Review Tribunal (“ERT”) has awarded costs in rare circumstances, only when a party’s conduct has been exceptionall... More
March 12, 2019

How will the Proposed Pan-Canadian Securities Regulator Change the Game for Environmental Reporting Obligations?

On November 9, 2018, the Supreme Court of Canada (“SCC”) opened the door for a proposed national securities regulator in Reference re Pan-... More
March 11, 2019

Ontario’s Proposal to Address Greenhouse Gas Emissions: Industrial Emission Performance Standards

On February 12, 2019, the Government of Ontario posted its proposal for the Emissions Performance Standards (EPS).  The EPS proposal is Onta... More
February 05, 2019

Case to Watch: Does the Duty to Consult Apply to Maintenance of Existing Pipelines?

In Aroland First Nation v Transcanada Pipelines Limited, the Ontario Superior Court of Justice declined to decide on a motion whether the duty to cons... More
January 08, 2019

Minimum Fines

In R v Henry of Pelham Inc., the minimum fine was abrogated twice.  The Justice of the Peace (“JP”) and judge on appeal each awarded ... More
December 20, 2018

Ontario Court of Appeal Denies Leave to Appeal: Environmental No-Fault Order Compelling Off-Site Investigation Stands

Last week, the Ontario Court of Appeal denied leave to appeal from the Divisional Court’s decision in Hamilton Beach Brands Canada, Inc. v Minis... More
November 22, 2018

Supreme Court Decides That Duty to Consult Does Not Apply to Law-Making Process: Mikisew Cree First Nation v Canada

On October 11, 2018, the Supreme Court of Canada (“SCC”) released its decision in Mikisew Cree First Nation v Canada (Governor General in ... More
November 02, 2018

Will the ERT Sweep Away the Municipality’s Argument?

Are street sweepings waste?  The Environmental Review Tribunal (“ERT”) may soon decide. Each year the City of Mississauga (“Cit... More
October 22, 2018

The Federal Court of Appeal Quashes the Trans Mountain Pipeline Expansion: An Overview of Tsleil-Waututh Nation v Canada (Attorney General)

In August 2018 the Federal Court of Appeal (the “Court”) released its decision, Tsleil-Waututh Nation v Canada (Attorney General), which q... More
October 16, 2018

Cannabis is the new Kale? Ontario Veggie Growers are Turning a New Shade of “Green”

Ahead of the federal government’s anticipated legalization of recreational cannabis on October 17, 2018, some Canadian vegetable growers are tur... More
October 11, 2018

Ontario Calls It Quits: Implications of Ontario’s Decision to Cancel Cap-and-Trade

The Ontario government has committed to ending the cap and trade program in Ontario, fulfilling a campaign pledge made by Premier Ford earlier this ye... More
October 05, 2018

The New Impact Assessment Process: Fostering Partnerships with Indigenous Peoples

On June 20, 2018 Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act an... More
September 27, 2018

Consultation Expectations: Can the Government Change its Consultation Approach and Still Satisfy its Duty to Consult?

Federal, provincial, and territorial governments have a duty to consult Indigenous peoples when the government has knowledge of an Aboriginal right or... More
September 06, 2018

Environmental No-Fault EPA Orders Compelling Off-Site Investigations are Alive and Well in Ontario

Ontario’s Environmental Protection Act (“EPA”), section 18 permits the Ministry of the Environment, Conservation and Parks (“M... More
July 17, 2018

Working Towards Economic Reconciliation: Government Resource Revenue Sharing in British Columbia, Ontario, and the Yukon

On May 3, 2018, the Government of Ontario and a number of First Nations signed resource revenue sharing agreements.  The agreements require Ontar... More
July 11, 2018

Court of Appeal Rules on Latest Contaminated Lands Case: Huang v Fraser Hillary’s Limited

On June 8, 2018, the Ontario Court of Appeal released its latest decision dealing with liability for contaminated lands: Huang v. Fraser Hillary&rsquo... More
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