Articles 2023

Since 2009, new wind farms being developed in Ontario require a renewable energy approval ("REA"). REAs are issued by Ontario's Ministry of the Environment and Climate Change ("MOECC"). The issuance of a REA by the MOECC gives rise to a statutory appeal right pursuant to section 142.1 of the Environmental Protection Act, R.S.O. 1990, c.E.19 ("EPA").

More than 650 million cows, pigs, and chickens are slaughtered each year in Canada for food. By some estimates, 95 per cent of these animals are raised in intensive livestock operations (“ILOs”). The environmental effects associated with feeding, housing, and transporting them can be significant.

An unusual provision in ‎Ontario's Oil, Gas and Salt Resources Act is Section 11, which, in Subsection 11(1.1), introduces a prohibition on the injection of carbon dioxide (CO2) in connection with certain projects.

On December 29, 2014, the Ontario Divisional Court released its decision in Dixon v. Director, Ministry of the Environment.

United Nations Framework Convention on Climate Change: New decision sets framework for a global deal to reduce GHG emissions.

The Ontario government first introduced Bill 167, the Invasive Species Act, 2014 (“ISA”), on February 26, 2014. It passed second reading on April 8, 2014, but died on the order paper due to the June 2014 election. On November 5, 2014, the ISA was reintroduced as Bill 37. Bill 37 was debated at second reading on December 8, 2014. If passed, the ISA will come into force one year after receiving Royal Assent.

Greetings Environmental Law Section Members!

Despite its as-yet undetermined effect on the proposed Northern Gateway project, the Species at Risk Act is a positive development.

The harm to the Blanding’s turtles from the project was permitted under s.17 of the Ontario Endangered Species Act(ESA). The Tribunal found that the test under the Director’s Renewable Energy Approval was separate from that under the ESA.

Recently, nuisance has been the subject matter of a considerable amount of judicial treatment.