Articles 2022

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.

In R v Great Lakes Stevedoring Company Ltd, companies are given a stark reminder that provincial environmental laws and regulations must be complied with notwithstanding compliance with all applicable federal laws and regulations and operating exclusively on federal property.

Earth Day 2020: five tips to green your business travel.

The COVID-19 pandemic has impacted environmental permitting and enforcement activities in many Canadian jurisdictions. This update provides a cross-country overview of Canadian government pronouncements or guidance in respect of environmental permitting and compliance obligations during the pandemic.

The Ontario Government has passed a regulation temporarily exempting proposals from Part II of the Environmental Bill of Rights. The Province will not be seeking public input or consider the Statements of Environmental Values when making decisions that are environmentally significant. The exemption is in place until 30 days after the termination of the Emergency Declaration, made on March 17, 2020, under the Emergency Management and Civil Protection Act in response to the Covid-19 Pandemic.

COVID-19 has brought upheaval across all industries and sectors of society. While this is no less true with respect to environmental matters, many environmental legal requirements remain in place and require continued compliance, despite challenges faced by companies in Canada. On the other hand, many court proceedings and municipal processes have been suspended. This article sets out some practical guidance on how to navigate both ends of this spectrum.

The abandonment of the appeal leaves the decision of the Ontario Superior Court in Soleimani v Rolland Levesque intact. That decision found that the Ministry of Environment’s involvement in investigating and remediating ground water contamination under the EPA does not establish an alternative adjudication or dispute resolution process that would toll or suspend a limitation period pursuant to s. 5(1)(a)(iv) of the Limitations Act