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What will Constitute a “Reasonable Limit” under Bill S-5?
In our July 7, 2023, blog we discussed Bill S-5, Strengthening Environmental Protection Act for a Healthier Canada Act (The Act). On February 8, 2024, the Government of Canada announced a consultation regarding how to determine the right to a healthy environment will be implemented. As we discussed last year, the approach to the protection of human health and the environment under environmental justice (a focus in The Act) is a stark departure from numeric limits on discharges or remediation. This Act includes consideration of “vulnerable...
read moreProposed Federal Plastics Registry Will Have Wide Application
In our February environmental compliance tip, we shared the December 30, 2023, announcement by Environment and Climate Change Canada regarding the proposed “Notice of intent to issue a section 46 for the Federal Plastics Registry.” The comment period for this notice closed on February 13, 2024. According to the Canada Gazette, “The notice would require that any person described in Schedule 3 of the notice and who possesses or who may reasonably be expected to have access to information described in Schedules 4 through 5 of the notice provide...
read moreEnvironmental Enforcement: The Pace, Cost, and Recent Action
Environmental enforcement and fines are seemingly becoming more common and consequential. For example, last March, we reported about a $16 million fine (a provincial fine). In April, we reported about two separate $1 million fines (federal fines). Pace and Trends in Environmental Enforcement While it does seem that there is more enforcement, a report by the insurance company, Berkley Canada states, “Despite the total value of large fines and penalties increasing in 2021, the number of fines and penalties issued decrease back to 2015...
read moreRegulation of PFAS in Canada and Complications of Banning PFAS
In May 2023, the Draft State of Per- and Polyfluoroalkyl Substance (PFAS) Report was issued by the federal government. We are eight months or so from this Draft report being issued. Where are we now, what actions might be forthcoming, and what are the potential unintended consequences of restricting or banning PFAS? In October 2023, we reported that the federal government planned to issue a mandatory information-gathering notice for PFAS sometime in the fall of 2023. The authority to gather this information is in section 71 of the Canadian...
read moreClimate Lawsuits and Ambitious Automotive Fleet Goals
In our November 9, 2023, blog we discussed the increased focus on Environmental, Social, and Governance (ESG), Greenwashing, and Climate litigation. While they are interrelated, the focus on climate is leading to more litigation that can affect companies, boardrooms, investors, and governments. Rising Climate Lawsuits As we reported in the above-referenced blog, The United Nations reported that there have been 2,180 climate-related cases filed in 65 jurisdictions (as of the end of 2022). This pace seems to have quickened in recent years. ...
read moreProposed Amendments to Methane Emissions Regulations
As we have previously covered, there has been a focus on regulating and reducing methane emissions from various sources – landfills, farms, and oil and gas. And on December 16, 2023, the Canada Gazette published “Regulations Amending the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector).” The most recent methane regulations are being proposed as the United Nations Climate Change Conference, Conference of Parties (COP) 28 in Dubai, UAE concluded. Worth noting, the...
read morePlastics Ban Ruled as “Unreasonable and Unconstitutional”
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 Plastic Use Coalition v. Canada (Environment and Climate Change). The...
read moreEnvironmental Fines and Penalties
An impactful (to human health and the environment) release of potential pollutants can be problematic to both the community affected and the company that has to face the subsequent environmental fines and penalties. These laws/regulations often establish fines and penalties when violations occur. Below, we outline some recent enforcement actions. $346,000 Environmental Fine Coastal GasLink (CGL) was fined $346,000 for erosion and sediment control issues in the construction of the natural gas pipeline and for providing false information in...
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. Greenwashing According to the United Nations, “Greenwashing presents a...
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 Assessment Act? In a blog by Torys, they provide an overview of the IAA that...
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