Articles 2021

This article provides a brief overview of the decision of the BC Supreme Court in Gitxaala v. British Columbia (Chief Gold Commissioner). The Court found that the province of BC owes a duty to consult to potentially affected Indigenous peoples prior to granting mineral claims under the Mineral Tenure Act. The Court also found that the Declaration on the Rights of Indigenous Peoples Act did not implement the United Nations Declaration on the Rights of Indigenous Peoples in BC.

On October 13, 2023, the Supreme Court of Canada (SCC) released its advisory decision regarding the constitutionality of the federal government’s environmental assessment (EA) regime in Reference re Impact Assessment Act. A majority of the SCC found that much of the federal government’s Impact Assessment Act (the “Act”) and the Physical Activities Regulations ( the “Regulations”) under the Act are unconstitutional.

This article provides an update on the federal government’s consultation regarding proposed labelling rules to enhance the accuracy of recyclability and compostability information on plastic packaging and the establishment of a federal plastics registry requiring plastic producers to report annually on their plastic contribution to the Canadian economy.

Per- and polyfluoroalkyl substances (PFAS) continue to be a hot topic in the field of emerging contaminants. This article provides an overview of the federal government's draft State of PFAS Report and Risk Management Scope, which follow a two-year assessment of the fate, sources, occurrence, and potential impacts of PFAS on the environment and human health in Canada.

This article provides an overview of forthcoming amendments to the Mining Act introduced through the passage of Bill 71, the Building More Mines Act, 2023, on May 18, 2023. The amendments are being made as part of Ontario's critical mineral strategy and are intended to create conditions that allow mines to be built and operated more efficiently.

Aaron Atcheson and Kyle Bertsch provide a timely update on key considerations, including potential environmental permitting requirements and impacts on infrastructure assets, in the adoption of hydrogen power as a source of renewable energy.

For decades, many involved in land development and construction struggled with how to interpret Ontario’s regulation of excavated soil. After much anticipation, Ontario has created a legal regime to answer the questions raised on this topic and provide certainty for the construction and waste management industries, consultants, contractors, municipalities, land owners, and developers alike. This legal regime is discussed in detail in this article.

This article provides a brief update on the much anticipated forthcoming amendments to the Canadian Environmental Protection Act.

This article provides critical insights into understanding and managing limitation periods in environmental law with an in-depth look at key cases in this area.

This article provides a helpful overview of amendments to the Pest Control Products Regulations that were published in the Canada Gazette Part II on December 7, 2022. The amendments are intended to 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.