Resources, Articles, & Advocacy
Legislative Update | September 02, 2025
Your OBA LegUp Policy and Legislative Update Week of August 25
Government Rejects Most Amendments to Municipal Accountability Bill: The governing PCs voted down major proposed amendments to Bill 9, the Municipal Accountability Act, despite support for those changes from municipal leaders and other stakeholders during a summer-long consultation process across Ontario. One of the most significant proposals, brought forward by NDP MPP Jeff Burch, would have allowed a judge to make the final decision on whether to remove a municipal councillor from office following serious misconduct. The government defended its decision, with PC MPP Matthew Rae stating that allowing a judge to vacate an elected official’s seat would be unprecedented in Canadian history.
Legislative Update | August 27, 2025
Your OBA LegUp Policy and Legislative Update Week of August 18
Pipeline Corridor Faces Pushback Over Lack of Indigenous Consultation: A group representing seven First Nations in northern Ontario says the province's push for a cross-country pipeline is moving ahead without their voices and is in conflict with federally funded conservation work already underway. If approved, the East-West Canadian Energy Corridor would carry oil and gas from Alberta to refineries in southern Ontario. The premier has said the corridor would bring thousands of jobs and attract global investment.
Advocacy | August 11, 2025
Your OBA LegUp Policy and Legislative Update Week of August 5
OBA Honours ABA President: American Bar Association President William Bay accepted the 2025 Ontario Bar Association President’s Award on Thursday at the Bridging Borders event – a joint session of the ABA, OBA, Canadian Bar Association and CBA In-House Lawyers.
Legislative Update | July 21, 2025
Your OBA LegUp Policy and Legislative Update Week of July 14
First Nations Groups File Legal Challenge to Ontario’s Bill 5, Feds’ Bill C-5: A coalition of Ontario First Nations is taking legal action to try and throw out provincial and federal legislation designed to fast-track major projects, saying the two laws threaten their rights and “ways of life.” Nine First Nation groups are bringing urgent litigation to the Ontario Superior Court of Justice to try and kill Ontario’s Bill 5 and the federal government’s Bill C-5. The Ford government passed Bill 5 in June, which allows it to create special economic zones where municipal and provincial laws can be suspended. Similarly, the federal Bill C-5 allows cabinet to quickly grant federal approvals for big projects deemed to be in the national interest, such as mines, ports and pipelines, by sidestepping existing laws.
Article | June 27, 2025
A Municipality’s Obligation to Comply with the Endangered Species Act: A Summary of The Corporation of the Municipality of Marmora and Lake v. His Majesty the King in Right of Ontario
What happens when legal duties under different legislation appear to conflict? In a recent case, The Corporation of the Municipality of Marmora and Lake v. His Majesty the King in Right of Ontario, 2024 ONSC 2254 ,the Municipality of Marmora and Lake (the “Municipality”) considered this question when its required road maintenance work allegedly disturbed an endangered species and its habitat.
Article | June 24, 2025
Accelerated Project Approvals Under the Building Canada Act
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.
Article | June 24, 2025
UNDRIP and the Duty to Consult: Findings in the Kebaowek Case
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.
Article | June 24, 2025
Ontario Aims to Overhaul Regulatory Requirements for Critical Infrastructure and Mining Projects under Bill 5
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).
