Environment

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

2018 Top Ten: Regulatory Decisions of Import to the Canadian Energy Industry

Courtesy of Borden Ladner Gervais. View original article here. At the beginning of 2018, our review of the 2017 Canadian regulatory events described them as dramatic, but the 2018 saga turned out to be nothing short of a blockbuster. Pressure built up to a bubble point at the federal and provincial levels of governments, and at the National… [Read More…] about 2018 Top Ten: Regulatory Decisions of Import to the Canadian Energy Industry

Climate Change Litigation Arrives in Canada

Courtesy of Osler. View original article here. In this Update Two recent developments demonstrate that climate change litigation has arrived in Canada: the ENVironnement JEUnesse lawsuit in Québec and the City of Victoria’s endorsement of a class action lawsuit against oil and gas producers for climate-related harms. Oil and gas producers may soon be faced… [Read More…] about Climate Change Litigation Arrives in Canada

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

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

Supreme Court Creates Uncertainty in Finding No Duty to Consult During the Law-Making Process

Courtesy of Osler. View original article here. The Supreme Court of Canada in Mikisew Cree First Nation v. Canada (Governor General in Council) definitively answered, by a 7-2 majority, that the duty to consult does not apply to the development, passage and enactment of legislation — an issue previously left open by the Supreme Court. However, by… [Read More…] about Supreme Court Creates Uncertainty in Finding No Duty to Consult During the Law-Making Process

To Remediate or Not to Remediate: Alberta Introduces Amendments to Provincial Remediation Certificate Program

Courtesy of McCarthy Tetrault. View original article here. Following stakeholder review and consultation, the Government of Alberta passed the Remediation Certificate Amendment Regulation by Order in Council on June 1, 2018. The Regulation, which will come into force on January 1, 2019, updates the current Remediation Certificate Regulation and re-names it the Remediation Regulation (the Regulation). Section 117 of the Environmental Protection… [Read More…] about To Remediate or Not to Remediate: Alberta Introduces Amendments to Provincial Remediation Certificate Program

BC Government Sets the Stage for “Revitalizing” the Provincial Environmental Assessment Process

Courtesy of McCarthy Tetrault. View original article here. Changes are on the horizon for the BC Environmental Assessment (EA) process. On March 7, 2018, Minister of Environment and Climate Change Strategy George Heyman announced that the provincial government will “revitalize” the provincial EA process with a view to enhancing public confidence, advancing reconciliation with First Nations, and… [Read More…] about BC Government Sets the Stage for “Revitalizing” the Provincial Environmental Assessment Process

Failure to Disclose: In Finding Negligent Misrepresentation, BC Supreme Court Holds that Potential Contamination on a Property Gives Rise to Stigma

Courtesy of McCarthy Tetrault. View original article here. In a recent decision of the BC Supreme Court (the Court), the purchasers of a residential property in Victoria were awarded damages when the Court found that the seller made negligent misrepresentations in the property disclosure statement (PDS) regarding the possible migration of contaminants onto the property.… [Read More…] about Failure to Disclose: In Finding Negligent Misrepresentation, BC Supreme Court Holds that Potential Contamination on a Property Gives Rise to Stigma