Articles 2021

The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd, 2016 ONCJ 496, has offered some guidance as to when a field may be a “pit” under section 1(1) of the Aggregate Resources Act. Following the decision, a field that is being rehabilitated to accommodate farming uses is generally a “pit” and subject to the ARA’s permitting scheme. But when the primary purpose of that work is to build a structure, it may be exempt.

Blueberry River First Nations (BRFN) has commenced a novel treaty rights infringement claim (Claim) against the Province of British Columbia (Province). The Claim, filed March 3, 2015, alleges that the Province has breached its Treaty 8 obligations due to the cumulative impacts of provincially authorized industrial development in BRFN’s traditional territory. This article provides an overview and analysis of the key aspects of the Claim.

This is a case summary and analysis of East Durham Wind, Inc. v. The Municipality of West Grey. The case raises interesting questions related to how and when a municipal by-law or policy may frustrate the purpose of a provincial legislative instrument and relates to the ongoing renewable energy revolution in Ontario that was ushered in by the Green Energy Act, S.O. 2009, c. 12.

In September 2014, Ottawa announced the ratification of the Canada-China Foreign Investment Promotion and Protection Agreement (the Canada- China FIPA). The Canada-China FIPA, which came into force on October 1, 2014, is the newest addition to Canada’s growing list of foreign investment protection agreements.

The current state and possible future direction of nuclear development in Ontario is an important topic for lawyers with a focus on the energy sector, as well as those in government and industry. The OBA section program “Radioactive Issues in Nuclear Energy in Ontario” provided a comprehensive overview of emerging issues and trends in nuclear development, including a background on nuclear waste management in the province and a discussion of thorium, an alternative nuclear fuel.

Disclosure of royalties and other payments to foreign governments is a front-line issue for Canadian mining and oil and gas companies. A section program, ‘Transparency of Payments to Foreign Governments in Extractive Industries: A Review of the Changing Landscape’ gave participants a tour d’horizon of this legal risk area.

Canadian mining associations and civil society organizations released recommendations for the development of a payment transparency standard for all publicly-traded mining companies in Canada on January 16, 2014.The group's recommendations provide the federal and provincial governments and securities commissions with a blueprint for a payment reporting framework. This framework will serve the needs of the data’s end-users, such as citizens, governments, investors and reporting companies.