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Per- and polyfluoroalkyl substances (PFAS) are a large class of synthetic compounds valued for their resistance to heat, water, and oil. Their chemical stability has driven widespread industrial and commercial use, but also results in environmental persistence and potential health impacts. Recent developments include Health Canada’s updated drinking-water objective, the Government of Canada’s Final State of PFAS Report and proposed Risk Management Approach, and publicly reported mapping of PFAS hotspots nationwide by the CBC and The Globe and Mail. Class actions are also on the rise, largely addressing property-value impacts due to the stigma of PFAS contamination in residential drinking water.

On June 6, 2024, the federal government tabled Bill C-5: An Act to enact the Free Trade and Labour Mobility Act and the Building Canada Act (the One Canadian Economy Act) to, among other things, accelerate approvals for energy and infrastructure projects that are designated as being in the national interest by enacting the Building Canada Act. This legislation aims to address pressing geopolitical, energy security, and economic concerns, while enhancing Canada's national prosperity and protecting the environment, and respecting the rights of Indigenous peoples. The One Canadian Economy Act faces a short sitting period in a minority Parliament, but Prime Minister Mark Carney has suggested that the sitting could be extended to ensure the Act is passed.

This article provides a brief overview of the decision of the Federal Court of Canada in Kebaowek First Nation v. Canadian Nuclear Laboratories, 2025 FC 319 (“Kebaowek”). For the first time, the Federal Court interpreted the role of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) within the duty to consult and accommodation framework. Among other things, the Court found that, because of UNDRIP’s adoption into Canadian law, the duty to consult and accommodate must be informed by it and decision makers must now consider how UNDRIP may impact the interpretation of Canadian law, including the fulfillment of section 35 obligations. The Court also clarified that the free, prior and informed consent under UNDRIP does not mean a veto or a right to a particular outcome, but rather, a right to a robust process.

As part of its broader legislative initiative under Bill 5, the Protecting Ontario by Unleashing our Economy Act, 2025 (Bill 5), the Ontario government has introduced a suite of proposed legislative reforms aimed at accelerating approvals for mining and critical infrastructure projects. One of the most consequential proposals includes significant amendments to the Endangered Species Act, 2007 (ESA).

On June 5, 2025, the Protect Ontario by Unleashing our Economy Act, 2025 ("Act") came into force. The Act aims to protect Ontario from global economic uncertainty by enacting measures that the government believes will stimulate Ontario's economy. It attempts to do so through amendments to the Electricity Act, 1998, the Endangered Species Act, 2007, the Environmental Assessment Act, the Environmental Protection Act, the Mining Act, the Ontario Energy Board Act, 1998, the Ontario Heritage Act and the Rebuilding Ontario Place Act, 2023 and by introducing the Special Economic Zones Act, 2025 and the Species Conservation Act, 2025. The amendments and new acts are summarized below.

On December 18, 2024, the Canadian Sustainability Standards Board announced the release of its first Canadian Sustainability Disclosure Standards. The new Canadian standards, effective January 1, 2025, align with international benchmarks while considering the unique Canadian context. Although currently voluntary, the Canadian standards provide useful guidance for disclosing sustainability-related financial information and climate-related risks and opportunities, and could become mandatory if adopted by regulators or governments in the future.

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.

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.

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.

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.

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.