Articles 2020

In the past, relocation of large quantities of soil excavated in construction projects was sporadically regulated by provincial governments. In 2019, both Ontario and Québec governments are proceeding with new regulatory schemes that will impose legal requirements on the movement and disposition of excavated soil. This article reviews the requirements imposed by the new regulatory schemes and their impact in both jurisdictions.

On August 28, 2019, Canada’s new federal environmental legislation under Bill C-69 and Bill C-68 came into force. These new statutes and legislative amendments introduce enhanced Indigenous consultation requirements for mining, pipeline, and other projects that require federal impact assessments and certain federal regulatory approvals and permits.

Before the ongoing round of collective bargaining between the Crown and bargaining agents for school boards and education workers, the Ontario government introduced legislation that would cap the compensation of public sector employees, including education workers.

In July 2019, a fine of $2.7M was levied against Kirby Offshore Marine Operating LLC for violations of the Fisheries Act. The news raises a broader question: are fines for environmental offenses rising faster than inflation? If so, to what end? Is there any indication that these larger fines are changing behaviour? This review looks at the legislative changes in the minimum and maximum environmental fines, and whether these changes are actually having any real effects on the quantum of fines.

Recently, the Court of Appeal for Ontario was asked to determine the constitutionality of mid-election changes to the City of Toronto's municipal ward structure (City of Toronto v Ontario (AG), 2019 ONCA 732, rev'g 2018 ONSC 5151). While the election that sparked the litigation has long passed, the Court of Appeal's decision nonetheless offers insight on constitutional issues of fundamental and continuing importance.

Drawing on successful examples from other fields and jurisdictions, this article suggest several ways to encourage young lawyers to practice in rural areas. Among other things, this article suggests that law schools should persuade articling students to article in rural areas, governments should provide loan forgiveness programs to lawyers who practice in rural areas and townships or counties could offer incentives for lawyers to move there.

Rajen Akalu, the leader of the research team that drafted a privacy code of practice for connected vehicles for the Office of the Privacy Commissioner of Canada, describes the project and its importance.

Significant changes to the Construction Act came into force in Ontario on October 1, 2019.  While prompt payment and adjudication have been receiving most of the attention, a significant change to how construction liens are preserved in respect of municipal premises should not be overlooked.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.