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Supreme 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...
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 that if the measures are adopted, they will save businesses up to 100,000...
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 implement an interim standard for PFAS in biosolids used as fertilizers, set...
read moreRecent Environmental Decisions Cite Redwater – “Dangerous Precedent”
Several years ago, the “Redwater” case held that in the case of insolvency, environmental cleanup obligations trump repayment to secured creditors. While Redwater applied to the oil and gas sector, as has been demonstrated in recent legal cases, it is not limited to oil and gas companies. Below, we outline two recent legal cases that cite the Redwater Decision. Travelers Capital Loan Mantle Materials Group, Ltd. (Mantle) operated 24 gravel pits on public and private lands across Alberta. In order to purchase equipment to be used in its...
read moreEnvironmental Regulations Focus on Grocers
While opinions will vary about what level of environmental regulation is appropriate, there is little dispute that regulations are mounting. Further, those who are regulated continue to grow well beyond what was long thought to be reserved for the typical “smoke-stack” industry. This growth of regulations and restrictions is personified in the recent efforts to eliminate plastics in various products. As we have previously covered, Environment and Climate Change Canada (ECCC) is continuing its efforts to regulate and reduce plastics in...
read moreA Challenging and Consequential Environmental Regulatory Environment
Environmental regulatory and non-regulatory pressures continue to grow. This includes amendments to the Canadian Environmental Protection Act, the pending regulations governing per- and polyfluoroalkyl substances, and developing reporting requirements under Environmental Social and Governance. This is in addition to the existing federal and provincial environmental regulations, which as we witnessed with the Ontario Excess Soil regulations can quickly change. We are also seeing larger and more encompassing environmental fines that can...
read moreEnvironmental Regulations Continue to Grow
In our February 8, 2023 blog, we discussed the growing environmental regulatory and enforcement activity in Canada. Based on recent activity, this regulatory pressure is continuing to mount for businesses. Increased Regulation for Chemical Industry In a July 27, 2023 article in Coatings World, J. Gary LeRoux, President and CEO of Canadian Paint and Coatings Association outlined the increased regulation of the Chemical, Adhesive, Sealants, and Elastomer (CASE) industry. In the article, Mr. LeRoux provides details of proposed increased...
read moreRecent Environmental Enforcement News
Environmental enforcement actions can often be costly for companies especially as six-figure fines are becoming more commonplace. Increasingly, enforcement has the potential to affect a wide-range of industries as is evident in some of the environmental enforcement cases outlined below. Cat Litter Company Fines and Penalties Approach Six Figures According to the Ontario Ministry of Environment, Conservation and Parks (MECP), Normerica, Inc. (manufacturer of cat litter) in Brantford, ON was convicted of one violation under the Ontario...
read moreCEPA is Amended: The Right to a Healthy Environment and Tougher Chemical Management
Bill S-5, Strengthening Environmental Protection Act for a Healthier Canada Act, has received Royal Assent. This Bill amends the Canadian Environmental Protection Act (CEPA). The amendments update the Canadian law (established in 1999) in two significant ways. First, it recognizes that all Canadians have a right to a healthy environment and second, it amends the assessment of toxic chemicals. Right to a Healthy Environment Similar to some provincial legislation such as the Ontario Environmental Bill of Rights, CEPA recognizes the right of...
read moreRegulatory Challenges to Green Energy and the Global Cost of Green Energy
In a letter titled, “Canada’s future is unbuilt,” a somewhat unusual coalition of business, Indigenous, labour, environmental, and policy groups expressed concern about the regulatory climate in Canada. The letter begins by acknowledging the federal government’s “ambitious targets” for emissions reduction by 2030 and the goal to be net zero by 2050. They state, “The reality is that to meet these targets, we need to invest in technology and infrastructure at a scale and pace never before seen in Canadian history.” Specifically, they write in...
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