McCarthy Tetrault

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

The (Carbon) Price is Right

Courtesy of McCarthy Tetrault. View original article here. As the rhetoric on carbon pricing between the federal government and certain provinces ramps up, the Canadian Chamber of Commerce (the Chamber) released a report in December 2018 underscoring the importance of meaningful climate change action guided by public policy committed to reducing greenhouse gas (GHG) emissions… [Read More…] about The (Carbon) Price is Right

A Closer Look: BC Government Releases Draft Legislation for Revitalized Provincial Environmental Assessment Process

Courtesy of McCarthy Tetrault. View original article here. In March 2018, the BC government launched the process for revitalizing the province’s environmental assessment (EA) process. More background information is available in our earlier blog. Following the release of the Discussion Paper in June 2018 and public consultations over the summer, the BC government introduced Bill 51 – 2018 Environmental Assessment… [Read More…] about A Closer Look: BC Government Releases Draft Legislation for Revitalized Provincial Environmental Assessment Process

Ontario’s Environment Plan: Preserving and Protecting our Environment for Future Generations

Courtesy of McCarthy Tetrault. View original article here. On November 29, 2018, the Ontario government released its Environment Plan: Preserving and Protecting our Environment for Future Generations. This Plan outlines, in broad strokes, the government’s intended actions and policies for addressing many environment-related issues in Ontario, including the pollution of air, land, and water, the reduction of… [Read More…] about Ontario’s Environment Plan: Preserving and Protecting our Environment for Future Generations