McCarthy Tetrault

From Environmental Assessments to Impact Assessments: New Federal Impact Assessment Act Coming Into Force Soon

Courtesy of McCarthy Tetrault. View original article here. On August 28, 2019, the Impact Assessment Act (the “IAA”) will come into force and replace the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”). We have previously written about the IAA and the changes that it will bring to the environmental assessment (now impact assessment) process in Canada. The projects and activities that will be… [Read More…] about From Environmental Assessments to Impact Assessments: New Federal Impact Assessment Act Coming Into Force Soon

Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop

Courtesy of McCarthy Tetrault. View original article here. Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop The majority of the Ontario Court of Appeal ruled on June 28, 2019 that the federal Greenhouse Gas Pollution Pricing Act (the Act or GGPPA) is constitutional. In particular, the Court of Appeal… [Read More…] about Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop

Impact Assessment Act

Courtesy of McCarthy Tetrault. View original article here. On June 21, 2019, Bill C-69, which includes the Impact Assessment Act (“IAA”), new federal legislation governing environmental assessments at the federal level, received Royal Assent. The IAA is not yet in force. In February 2018, we wrote an overview of the IAA and the way that it differed from the… [Read More…] about Impact Assessment Act

View from the Prairies: Saskatchewan’s Top Court Upholds Federal Carbon Price & Carbon Policy Update from Alberta

Courtesy of McCarthy Tetrault. View original article here. As the political rhetoric on carbon pricing [rages on], the Saskatchewan Court of Appeal recently delivered a much-anticipated decision in response to the reference question posed by the Saskatchewan government pursuant to The Constitutional Questions Act, 2012 (SS 2012, c. C-29.01). In particular, the province asked the Court for… [Read More…] about View from the Prairies: Saskatchewan’s Top Court Upholds Federal Carbon Price & Carbon Policy Update from Alberta

BC’s Anti-Pipeline Law is Unconstitutional

Courtesy of McCarthy. View original article here. Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 On Friday May 24th, the BC Court of Appeal held that BC’s proposed legislation blocking the Trans Mountain pipeline is unconstitutional. In a clear decision curtailing the provinces’ ability to interfere with federal undertakings, the Court reaffirmed that pipelines… [Read More…] about BC’s Anti-Pipeline Law is Unconstitutional

Carbon Pricing Matters: Federal Fuel Charge Now in Effect in Four Backstop Provinces

Courtesy of McCarthy Tetrault. View original article here. The federal fuel charge came in force on April 1, 2019. This charge on fossil fuels now applies to fuels that are consumed in Saskatchewan, Manitoba, Ontario and New Brunswick, the four provinces that do not have a provincial system in place which meets federal carbon pricing… [Read More…] about Carbon Pricing Matters: Federal Fuel Charge Now in Effect in Four Backstop Provinces

Federal Government Proposes Refinements to its Carbon Pricing Backstop System

Courtesy of McCarthy Tetrault. View original article here. In October 2018, the federal government announced certain details on the scope and application of its carbon pricing backstop system. Under the Greenhouse Gas Pollution Pricing Act (GGPPA), the federal carbon pricing backstop system consists of two components: a charge on 21 types of fuel and combustible waste that… [Read More…] about Federal Government Proposes Refinements to its Carbon Pricing Backstop System

Trans Mountain Decision: Application of Existing Principles or Evolving Standard?

Courtesy of McCarthy Tetrault. View original article here. In 2004, the Supreme Court of Canada recognized that there is a duty to consult Indigenous groups whenever the Crown is contemplating conduct that could adversely impact asserted or established Aboriginal or treaty rights. Since this time, there have been hundreds of court cases in which Indigenous… [Read More…] about Trans Mountain Decision: Application of Existing Principles or Evolving Standard?

Moving Along: Updates to Ontario’s Environment Plan

Courtesy of McCarthy Tetrault. View original article here. As reported in a previous blog post, in late 2018 the Ontario government released the Environment Plan: Preserving and Protecting our Environment for Future Generations. This Plan outlined the government’s intended actions and policies for addressing many environment-related issues in Ontario, including the pollution of air, land, and water, the… [Read More…] about Moving Along: Updates to Ontario’s Environment Plan

In the Crosshairs: Federal Government Finds Itself at the Centre of Rights-based Climate Litigation

Courtesy of McCarthy Tetrault. View original article here. In 2015, the case of Urgenda Foundation v. The State of the Netherlands(Urgenda) broke new ground as the first successful climate change action founded in tort law and the first time a court has determined the absolute minimum emissions reduction target for a developed state. Following the Urgenda decision, a… [Read More…] about In the Crosshairs: Federal Government Finds Itself at the Centre of Rights-based Climate Litigation