Stay informed with the latest insights and updates

The public has become increasingly aware of the potential dangers of widespread use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to human health and the environment. This has led to class actions in the United States and Canada as well as regulation of PFAS. However, Canada lags behind the US both in litigation and regulation. Developments in the US may foreshadow the future regulatory and litigation landscape for PFAS in Canada.

In October 2024, the Ontario Court of Appeal released its decision for Mathur v. Ontario, 2024 ONCA 762. This article addresses some of the finer points in Mathur and discusses whether the remedies ultimately suggested by the Court of Appeal are appropriate in the face of climate emergencies.

Canadian provinces have been taking steps to shift the responsibility and cost of recycling certain materials from municipalities to the producers of the materials. In Ontario, this shift has been pursued through the Blue Box Regulation, 391/21, while in Alberta it falls under the Extended Producer Responsibility Regulation, 194/22.

Bill C-226 was first introduced in November 2021 in the House of Commons based on the findings and recommendations of the United Nations Human Rights Council and other non-partisan publications. It is now due for its third reading in the Senate. It aims to develop a national strategy to advance environmental justice.

The Supreme Court of Canada released its decision in Yatar v. TD Insurance Meloche Monnex in March of this year and the Ontario Divisional Court has already begun grappling with the procedural fallout. In a unanimous decision, the Supreme Court rejected the Divisional Court’s approach to streamlining the concurrent applications for judicial review and statutory appeals that frequently appear on its docket.

On April 8, 2024, the Alberta Court of Appeal released its decision in the appeal of Qualex-Landmark Towers Inc v 12-10 Capital Corp. The Court of Appeal’s decision clarifies that the super priority of environmental remedial obligations recognized in Orphan Well Association v Grant Thornton Ltd, does not apply to private litigants, alleviating significant uncertainty for secured lenders.

A recent decision of the Federal Court reexamined the role of federal Protection Statements under the Species at Risk Act, S.C. 2002, c 29 in protecting the habitats of migratory birds in Canada and provided guidance on the proper scope of migratory bird habitats to be protected.

On October 31, 2023, M.P. Chris Glover introduced a Private Member’s Bill, Bill 145, “An Act to amend the Building Code Act, 1992 with respect to bird-safe windows” (the “Bill”). The Bill's introduction reminds us that the birds need protecting and that ongoing work has been happening towards this goal for several decades.

On October 17, 2023, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) posted proposed regulatory amendments to Ontario Regulation 406/19 - On-Site and Excess Soil Management (“O. Reg. 406/19”) and the Rules for Soil Management and Excess Soil Quality Standards (“Soil Rules”) on the Environmental Registry of Ontario. This article summarizes the proposed amendments.

To meet the growing housing demands, the Ministry of Environment, Conservation and Parks has been undertaking extensive consultation regarding amending regulations for the Environment Protection Act and the Ontario Water Resource Act concerning dewatering construction sites ending on October 30, 2023. A closer examination of the proposed regulations reveals gaps that will inevitably lead to violations of environmental law.

Welcome to Issue No. 1 of the Environmental Law Section Interview Series. Our first guest is Alexandria Pike, partner at Davies. Alexandria shared interesting information about her background, interests, career path and perspective regarding the environmental law practice. We thank her for her time and candid responses. Check it out and enjoy the reading.

This article provides a brief overview of the decision of the BC Supreme Court in Gitxaala v. British Columbia (Chief Gold Commissioner). The Court found that the province of BC owes a duty to consult to potentially affected Indigenous peoples prior to granting mineral claims under the Mineral Tenure Act. The Court also found that the Declaration on the Rights of Indigenous Peoples Act did not implement the United Nations Declaration on the Rights of Indigenous Peoples in BC.

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.

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.

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.

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.

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.

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.

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.

This article provides critical insights into understanding and managing limitation periods in environmental law with an in-depth look at key cases in this area.

This article provides a brief update on the much anticipated forthcoming amendments to the Canadian Environmental Protection Act.

This article provides an overview of the impact Bill 23 and the changing role of Conservation Authorities in Ontario.

This article provides an update on the status of single-use plastic regulations and other regulatory measures – including recycling – taken to reduce the impact of plastics in the environment across Canada, and provides an overview of upcoming federal regulations on recycled content and labelling rules for products.

This timely article provides an overview of municipal powers to address sustainability in land development, which have been the subject of significant scrutiny in light of changes pursuant to Bill 23.

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.

The sixth in McMillan LLP’s “Plan for the Ban” series, this bulletin summarizes two consultation papers published by the federal government: one on the creation of labelling rules to enhance the accuracy of recyclability and compostability information on plastic packaging and single-use plastics, and the other on the establishment of a federal plastics registry requiring plastic producers to report annually on their plastic contribution to the Canadian economy.

In this article, Matthew Gardner, Anand Srivastava, and Madiha Vallani provide an overview of the key provisions of Ontario's Excess Soil Laws. The article also includes a summary of the three phases of the roll out of the excess soil regime and important considerations for project leaders.

This article provides an explanation and overview of the new administrative penalty regime (“AMP”) proposed for the enforcement of Ontario's environmental laws. The article reviews the process for the issuance of an AMP under the proposed regulations and the approach applied for the calculation of penalty amounts. Note that the associated draft regulations implementing the administrative penalty regime have not yet been posted on the ERO for review and comment.

This article reviews the decision of the Ontario Superior Court in the case of Kin v Ecclesiastical. The application was brought as a result of the claim brought by the purchaser of the property for damages due to the discovery of underground storage tanks. The applicants were the defendants in the claim and the issue dealt with by the court, and reviewed in this article, relates to the determination of insurance coverage and application of the pollution exclusion clauses.

This article provides an updated summary of the current state of legislation across Canada relating to single use plastic and explores the changes and trends businesses can expect over the next few years. The article concludes that the existing, pending and future regulations are likely to continue to expand over time resulting in an increased need for innovation and production in the area of reusable, recyclable and biodegradable alternatives for businesses and consumers.