Environment

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

Canadian Government’s Proposal to Reform Canada’s Environmental Assessment and Regulatory Regime

Courtesy of Bennett Jones. View original article here. On June 29, 2017, the federal government released a discussion paper entitled “Environmental and Regulatory Reviews” (“Discussion Paper”), which proposes broad changes to the federal environmental assessment and regulatory regime, including “a comprehensive suite of changes” to the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”), National Energy Board Act, Fisheries Act and Navigation Protection Act that… [Read More…] about Canadian Government’s Proposal to Reform Canada’s Environmental Assessment and Regulatory Regime

To Regulate or Not to Regulate?

Courtesy of McCarthy Tetrault. View original article here. BC Environmental Appeal Board Confirms that Provincial and Municipal Laws Designed to Regulate Air Emissions Do Not Impede on Federal Jurisdiction A decision released by the British Columbia Environmental Appeal Board (EAB) on May 12, 2017 has clarified the relationship between federal lands and provincial environmental legislation… [Read More…] about To Regulate or Not to Regulate?

Review of Old Wells to Protect Albertans, Environment

Courtesy of Alberta Environment. View original article here. The province is working with industry and experts to find ways to better protect Albertans and the environment by improving policies for managing old oil and gas facilities.  Subject matter experts and key stakeholders will take part in roundtable discussions on improving the management of historic, current… [Read More…] about Review of Old Wells to Protect Albertans, Environment

Possible New Clean Fuel Standard in Canada

Courtesy of Bennett Jones. View original article here. Environment and Climate Change Canada (ECCC) is considering the development of a new clean fuels regulation under the Canadian Environmental Protection Act, 1999. The purpose of this proposed new regulation is to reduce Canada’s greenhouse gas (GHG) emissions through the adoption of lower carbon fuels and related technologies.… [Read More…] about Possible New Clean Fuel Standard in Canada

British Columbia Supreme Court Decides that the Province Cannot Abdicate its Authority

Courtesy of Borden, Ladner and Gervais. View original article here. Recently the British Columbia Supreme Court (“Court”) released its reasons for judgment in Coastal First Nations v. British Columbia (Environment), 2016 BCSC 34. The BC Environmental Assessment Office (the “EAO”) had entered into an equivalency agreement (the “Agreement”) with the National Energy Board (“NEB”). The Agreement… [Read More…] about British Columbia Supreme Court Decides that the Province Cannot Abdicate its Authority