Environmental Issues
Government of Canada enacts changes to environmental assessment processes
On June 21, 2019, the federal government of Canada (Canada) passed Bill C-69, new legislation that will materially reform the federal environmental assessment regime in Canada.
The Ontario Court of Appeal determines when it is appropriate to vest out a royalty interest as part of an insolvency proceeding
Ontario’s highest court has created a framework for determining when it is appropriate for courts to approve sales and vest out interests in assets in the context of insolvency proceedings. This has given resource extraction industries and insolvency practitioners some much needed clarity on how to navigate situations when assets subject to encumbrances and other interests are being sold, especially when land subject to a royalty interest is involved.
Ontario Court of Appeal decides the federal Greenhouse Gas Pollution Pricing Act is constitutional
Today, the Ontario Court of Appeal released its decision confirming that the federal Greenhouse Gas Pollution Pricing Act (the “GGPPA” or the “Act”) is constitutional. This is the second appellate court decision to uphold this Act. The Saskatchewan Court of Appeal concluded the GGPPA is constitutional earlier this year.
Making producers pay – from product stewardship to innovative EPR programs
To date, Canada has focused on two approaches for managing products and their packaging at end-of-life: (1) extended producer responsibility or “EPR”, and (2) product stewardship programs. For the most part, these programs (which cover various categories) fall under provincial jurisdiction.
Overseas claims for foreign environmental harm: Vedanta and the Canadian context
Last month, in Vedanta Resources PLC & Another v. Lungowe & Others, the UK Supreme Court allowed Zambian citizens to proceed with a claim in the UK against a UK-based mining company for environmental contamination allegedly caused by its Zambian subsidiary. As our colleague Lee McBride has recently written, this landmark decision will be of particular interest to multinational parent companies headquartered in the UK.
Transportation pilot projects in Ontario and British Columbia
Recent technological advances in self-driving cars, e-scooters and electric low-speed vehicles are rapidly changing the nature of personal and commercial transportation. While some laud such technology as convenient, inexpensive, and environmentally-friendly alternatives to traditional means of transportation, others are concerned about the safety ramifications of their presence on roads.
Meeting society’s expectations for corporate social responsibility
Younger employees along with the public and media continue to apply pressure on organizations to address Corporate Social Responsibility (CSR) issues including human rights and environmental sustainability.
Interjurisdictional road carriers – Registration under the Greenhouse Gas Pollution Pricing Act
On April 1, 2019, the Greenhouse Gas Pollution Pricing Act came into force in Manitoba, New Brunswick, Ontario and Saskatchewan, and it will come into force on July 1, 2019 for each of Nunavut and the Yukon.
New Environmental Emergency Regulations
The new Environmental Emergency Regulations apply to a responsible person that owns or has the charge, management or control of any of the 249 listed hazardous substances located at any fixed land-based facility in Canada.
Making buildings more accessible
On May 23, 2019, the Ontario government announced it is investing $1.3 million over two years through a new partnership with the Rick Hansen Foundation to create the Rick Hansen Foundation Accessibility Certification program (RHFAC).
Budget 2019: Positioning for a fall election
Many were hoping for tax reductions in Budget 2019 that would help make Canada more competitive. With Canada’s top marginal tax rates described by some analysts as “punitively high,” and with the Canadian economy sliding to an annualized rate of growth of only 0.4 per cent in the fourth quarter, there are no proposed changes to the tax rates for individuals or corporations.
Ontario reveals the details about its performance standards for large industrial emitters
On February 12th 2019, Ontario announced its proposed plan to reduce greenhouse gas (“GHG”) emissions, the Industrial Emissions Performance Standards Program.
Redwater – SCC delivers the final word
On February 1, 2019, the Supreme Court of Canada (SCC) released its highly anticipated decision in the Orphan Well Association, et al. v. Grant Thornton Limited, et al, 2019 SCC 5 (Redwater).
Ontario’s environment plan: Preserving and protecting our environment for future generations
On November 29, 2018, the Ontario government released its Environment Plan: Preserving and Protecting our Environment for Future Generations.
Back to square one? Ontario government winds down cap and trade program and overhauls approach to climate change
On July 25, 2018, the newly formed Ontario Government introduced Bill 4, the Cap and Trade Cancellation Act, 2018 (the “new Act”), which repeals the Climate Change Mitigation and Low-carbon Economy Act, 2016 (the “old Act”) and provides for the wind-down of the province’s cap and trade program[1]. The new Act also sets out a renewed approach to climate change policy.
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