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Global Politics and Green Initiatives
The political and policy changes in the United States (US) are having a ripple effect as they relate to global climate policies and green initiatives such as Environmental Social and Governance (ESG). How or will these changing policies affect Canada? From Environment and Energy Leader: “The 2024 U.S. election has introduced new uncertainties into global markets, with investors closely watching potential shifts in sustainability policies, trade relations, and climate regulations. While some feared that Donald Trump’s return could set back...
read moreProposed Risk Management Approach for PFAS
As we reported in our July 25, 2024, blog, Environment and Climate Change Canada (ECCC) issued the “Updated draft state of per- and polyfluoroalkyl substances (PFAS) report.” In March 2025, ECCC issued a notice: “Government of Canada publishes State of Per- and Polyfluoroalkyl Substances (PFAS) Report and proposed Risk Management Approach.” The notice outlines the proposed approach to address PFAS. PFAS Background PFAS are a class of chemicals used worldwide for a variety of applications since the 1940s. Thousands of PFAS have been...
read moreGrowing Federal Regulations and Recent Enforcement Developments
The number of federal environmental regulations continues to grow, and, in some cases, these regulations have substantial penalties for non-compliance. Some of these recent regulations include the deadline that recently passed for Mandatory PFAS (per- and polyfluoroalkyl substances) Reporting, the Plastics Registry Reporting that commences later in 2025, and the amendments to the Competition Act that will focus on environmental claims made in marketing and promotional material. With this as a backdrop, we provide an update on recent...
read moreGuidance: Environmental Claims and the Competition Act
In our July 15, 2024, blog, we discussed Bill C-59 and the substantial changes to Greenwashing under the Competition Act. On December 23, 2024, the Competition Bureau released draft guidelines: “Environmental Claims and the Competition Act.” Comments close on February 28, 2025. Competition Act: Six Principles As stated in the draft guidance, while the Bureau does not tell businesses what they can or cannot say, “The Bureau has developed six high-level principles that together can help your business stay onside of the law when it comes to...
read moreChanges to Ontario’s Records of Site Condition May Help Redevelopment
Developing property in Ontario can, at times, be time-consuming and expensive, especially if the project involves filing a Record of Site Condition (RSC). There may be some relief as The Ontario Ministry of the Environment, Conservation, and Parks (MECP) is proposing amendments to Ontario Regulation 153/04. These proposed changes will prohibit the submission of an RSC for filing in specified circumstances and expand an exemption from RSC filing requirements for changes in the use of buildings from commercial or community use to mixed-use,...
read moreSummary of Environmental Regulatory Developments in 2024
In 2024, we noted several environmental regulatory developments. In our final blog for the year, we are providing some reminders regarding regulatory changes and some quickly approaching reporting requirements. We begin with the news of a new Federal Environmental Agency. New Standalone Water Agency The Canada Water Agency (Agency) was on an interim basis within the Environment and Climate Change Canada. They are now a standalone agency, headquartered in Winnipeg with five regional offices across Canada. Once fully staffed, the Agency will...
read morePlastics Registry Reporting Begins in 2025
Environment Minister Steven Guilbeault said he was disappointed that the recent meeting in Busan, Republic of Korea, which included 170 nations, did not reach a conclusion regarding a global treaty to address plastic pollution. Global talks will resume in 2025. Global efforts notwithstanding, Canada continues to move forward on the federal and provincial levels to address plastics in the environment. Provinces and Territories (with the exception of Prince Edward Island, Newfoundland and Labrador, Nunavut, and Northwest Territories)...
read moreAdditional GHG Regulations for the Oil and Gas Sector
The federal government continues to develop additional regulatory framework surrounding sustainability and climate-related issues. The most recent focus is on the Oil and Gas sector. We also cover a new voluntary sustainability program and new commitments made by the Canadian Government at the Conference of Parties (COP) 29. Oil and Gas Sector GHG Cap The Government of Canada recently (Canada Gazette, November 9, 2024) released the proposed “Oil and Gas Sector Greenhouse Gas (GHG) Emissions Cap Regulations.” The proposed regulations set...
read moreEnvironmental Enforcement Across Canada
Enforcement of environmental laws can result in penalties and fines ranging from a few-thousand dollars up to seven figures or more. In 2020, Volkswagen paid a $196.5 million fine for the class action settlement in what became known as “dieselgate” or “emissionsgate.” This was on top of the agreement to provide benefits and buyback options to Canadian consumers of the non-compliant vehicles up to a maximum of nearly $2.4 billion Regardless of the amount of the fine, enforcement can be aggravating for the companies on the receiving end of...
read moreAmendments to Ontario’s Excess Soil Regulations
The next phase of Ontario’s excess soils regulations is set to take effect on January 1, 2025, (limiting soils that may be landfilled). Ahead of this deadline, there are (additional) proposed amendments to Ontario Regulation 406/19. You may recall that in January 2022, contractors were scrambling to comply with the more stringent soil management requirements. By April 21, 2022, these new requirements were officially paused by the Ministry of Environment, Conservation and Parks (MECP). This temporary pause was followed by a November 4,...
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