Articles 2020

The Government of Canada recently released its new climate plan, “A Healthy Environment and a Healthy Economy – Canada’s strengthened climate plan to create jobs and support people, communities and the planet” (Plan). Building on the 2016 Pan-Canadian Framework, the Plan proposes to exceed Canada’s 2030 emissions reduction target under the Paris Agreement, achieve net-zero emissions by 2050, and create over one million jobs, restoring employment to pre-pandemic levels.

While the rapid growth of the cannabis industry in Canada has created new and exciting opportunities, this breakneck pace raises questions regarding the management of cannabis-related waste. Despite the general emphasis of regulators on the importance of proper waste management, there is little guidance from either the federal or the provincial governments on this issue specific to the cannabis industry.

The Federal Government has recently announced proposed regulations for single-use plastics. From a plastics ban, to recycled content requirements, to extended producer responsibility schemes, this article provides a high-level overview of the proposed measures being contemplated by the Federal Government, and outlines next steps for stakeholders that may be impacted by them.

On Oct. 7, 2020, federal Environment and Climate Change Minister Jonathan Wilkinson announced the federal government would draft regulations to add “plastic manufactured items” to the Schedule 1 list of toxic substances under the Canada Environmental Protection Act (CEPA) by December 2021. This article looks at various aspects of the proposed federal plastics regulatory plan, including potential complications arising from the public and provinces.

Governments across Canada are making moves towards the ban of single-use plastics. While plastic bags, cutlery, straws and packaging are primary targets, the legislation directed at single-use plastics is broadly crafted to allow for the regulation of additional products. This article details these upcoming changes, where and when they are taking place, and what businesses currently producing, selling or using single-use plastics need to consider in the months ahead.

On May 13, 2020, the Ontario Divisional Court quashed the Minister of the Environment, Conservation and Parks’ 2019 decision to revoke the REA issued for the Nation Rise Wind Farm. The Court found the Minister’s decision to be unreasonable because it improperly raised new issues, applied an incorrect legal test, and reached conclusions not supported by evidence. The Court also applied Vavilov’s framework and found the Minister’s process in reaching his decision to be unfair.

While businesses are still required to comply with environmental obligations during the COVID-19 pandemic, many may be wondering whether they can engage environmental consulting services. Environmental consultants may themselves be questioning what services they can provide. This article discusses three common situations encountered by businesses and consulting firms along with considerations to assist in determining if environmental work should proceed.