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Les articles ci-dessous sont publiés par la Section du droit de l'environnement de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Venetia Whiting and Rebecca Hall-McGuire

Aujourdʼhui
Aujourdʼhui

Supreme Court of Canada Holds Designated Projects Scheme Under the Impact Assessment Act is Unconstitutional

  • 27 octobre 2023
  • Joanna Rosengarten, Matthew Lakatos-Hayward, Cristin Hunt

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.

Droit de l’environnement, Student Forum

Plan for the Ban: New Consultation Launched for Plastics Labelling Framework and Federal Plastics Registry

  • 23 juin 2023
  • Talia Gordner, partner, Julia Loney, partner, and Khaleed Mawji, articling student, McMillan LLP

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.

Droit de l’environnement, Student Forum

Emerging Contaminants Update: Government of Canada publishes draft State of PFAS Report

  • 23 juin 2023
  • Diana Weir, Counsel, Norton Rose Fulbright LLP

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.

Droit de l’environnement, Student Forum

Ontario Amends the Mining Act to Streamline Closure Planning and Mineral Recovery Requirements

  • 16 juin 2023
  • Joanna Rosengarten, partner, and Matthew Lakatos-Hayward, associate, Goodmans LLP

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.

Droit de l’environnement, Student Forum

“Green” Hydrogen Power: Utilizing Water to Reach Net-Zero

  • 16 juin 2023
  • Aaron Atcheson, partner, and Kyle Bertsch, associate, Miller Thomson LLP

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.

Droit de l’environnement, Student Forum

Trucking Right Along – Ontario’s Excess Soil Laws and Considerations for the Development Industry

  • 14 avril 2023
  • Matthew Gardner, Partner and Certified Specialist in Environmental Law by the Law Society of Ontario; Anand Srivastava, Associate, Willms & Shier Environmental Lawyers LLP

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.

Droit de l’environnement, Student Forum

At Long Last—Increased Regulatory Certainty for Treated Articles in Canada

  • 06 avril 2023
  • Julia Schatz, partner, and Venetia Whiting, associate, Bennett Jones LLP

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.

Droit de l’environnement, Student Forum
man and child walking side by side along a path in an autumnal, tree- and shrub-filled park, enjoying nature

The Right of Public Access to Nature: How do you care for something you cannot access?

  • 14 février 2023
  • Carissa Wong

This article considers how a right of public access to nature, or lack thereof, impacts the Canadian approach to environmental protection and social and economic development. The author compares the Canadian and Swedish relationship with their natural environment and how this informs our value system when it comes to statutory environmental protections.

Droit de l’environnement, Student Forum