In August 2022, we began to report that the Federal Ban on certain plastics was facing legal challenges. Ultimately, this case wound up in Federal Court. Plaintiffs (Responsible Plastic Use Coalition, Dow Chemical of Canada, Imperial Oil, and Nova Chemicals) argued that the Order designating plastics as toxic under the Canadian Environmental Protection Act (CEPA) was unconstitutional. On November 16, 2023, the Federal Court of Canada released its decision in Responsible...
Read MoreHow Environmental Social and Governance is Affecting Companies
For practically all companies, there is increased pressure to promote their sustainability and overall “green” efforts. This includes Environmental Social and Governance or ESG, sustainability efforts, and in general, activity associated with reducing anthropogenic emissions of greenhouse gases. Increasingly, company statements regarding their commitment to a green agenda can open them up to liability as witnessed by the lawsuits focused on “greenwashing” and deception....
Read MoreSupreme Court of Canada Decision on the Impact Assessment Act
The recent opinion by the Supreme Court of Canada (SCC) regarding the Federal Impact Assessment Act (IAA) previously known as the Bill C-69 (called by critics the “no pipeline legislation”) has attracted many comments and news coverage. The opinion essentially held that the IAA went too far and portions of the IAA were unconstitutional. Note: for background, see our May 24, 2022, blog, Impact Assessment Act Headed for the Supreme Court of Canada? What is the Impact...
Read MoreProposed Amendments to Ontario Excess Soil Regulations
On October 17, 2023, the Ministry of Environment, Conservation, and Parks (MECP) proposed amendments to the Excess Soil Regulations, Ontario Regulation 406/19. These proposed changes to the excess soil regulations are part of the “Less Red Tape, More Common Sense Act 2023,” which includes 32 new measures. These measures “will improve services for people and reduce costs for businesses, while making it easier to work with government.” The Ontario Government estimates...
Read MorePFAS in Canada: Biosolids, Collection of Data, and Litigation Risks
The global concern over the human health and environmental impact of the class of chemicals known as per- and polyfluoroalkyl substances (PFAS) is leading to more regulations and litigation. Below, we provide an update on PFAS, which has the potential to affect a wide range of companies. Interim PFAS Standards for Biosolids in Canada First, an update with respect to PFAS in biosolids. Earlier this year, the Canadian Food Inspection Agency (CFIA) announced plans to...
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