Articles

About Articles The below articles are published by the Environmental Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Rizwan Khan and Carissa Wong

Today
Today

The Implications of the Proposed Changes to and Ultimate Repeal of the Toxics Reduction Act, 2009

  • February 04, 2019
  • David McRobert

The Ontario Toxics Reduction Act, 2009 (TRA) provided cost-effective benefits that were distinct and broader in scope than the federal Chemicals Management Plan under CEPA. The TRA had potential to make large reductions in toxic discharges over time, particularly if more of its provisions were brought into force. Despite this, however, Ontario proposed to repeal the TRA by the end of 2021. Doing so, significant transparency in toxics reduction could be lost, as well.

Environmental Law, Student Forum

Ontario’s Cap and Trade Cancellation Act: Recommendations to the Minister of Environment, Conservation and Parks

  • January 03, 2019
  • Carissa Wong and David McRobert

This article provides an overview of the limitations of the Cap and Trade Cancellation Act, 2018 (the “CTCA”) and recommendations for its implementation in 2019 and beyond. It discusses the public consultation process leading to the enacted CTCA as well as the Ministry of Environment, Conservation and Parks’ compliance with the Environmental Bill of Rights.

Environmental Law, Student Forum
Climate Change Regulatory Update: The “Made-in-Ontario Environment Plan” — More carrots, fewer sticks and a dash of sunlight

Climate Change Regulatory Update: The “Made-in-Ontario Environment Plan” — More carrots, fewer sticks and a dash of sunlight

  • January 03, 2019
  • Liane Langstaff and Erin Farrell

On November 29, 2018, the Government of Ontario released its plan, "Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan". The Plan provides Ontario's response to the federal government's carbon pricing backstop and touches on multiple environmental issues, including water pollution, greenspace, waste management and litter. This article focuses on those parts of the plan that address greenhouse gas emissions and other types of air pollution.

Environmental Law, Student Forum

What Level of Information Does A Proponent Need To Start An Environmental Assessment?

  • January 03, 2019
  • Stan Berger

What level of information does a proponent need to start an EA? This question was addressed in Carhoun and Sons Enterprises ltd. v Canada (Attorney General) . A regulatory authority has considerable discretion when exercising its decision-making authority to issue authorizations under the CEAA when a project proposal is submitted. Early referral of an incomplete application would mean completed applications would have to await processing of incomplete applications to their detriment.

Environmental Law, Student Forum

Eagleridge International Ltd: What happens when regulatory approval is granted and then withdrawn after a change of government

  • November 23, 2018
  • Stanley Berger

In Eagleridge International Ltd. v. Newfoundland and Labrador, following a change of government, the new provincial Minister of Environment and Conservation withdrew approval for the construction of a gravel road intended to facilitate mineral exploration on lands and ordered that the project be subject to a full environmental assessment (EA). Eagleridge was entitled to proceed in accordance with the release from the full EA granted by the Minister before the change in government.

Environmental Law, Student Forum

New Details on Application of Federal Carbon-Pricing Backstop

  • November 16, 2018
  • Andrew T.R. Chachula, Sarah E. Gilbert and Thomas W. McInerney

In October, the federal government made further announcements regarding the federal carbon-pricing “Backstop”, providing details on where the pricing system will apply and how the revenues for provinces and territories will be used. The Backstop ensures a national carbon-pricing system that applies to greenhouse gas emissions from a broad set of sources, which is revenue-neutral to the federal government. Ontario and Saskatchewan have commenced legal actions to challenge the Backstop.

Student Forum

Federal Prohibition on Asbestos Regulations – New restrictions on the importation, sale, and use of asbestos-containing products soon to take effect

  • November 16, 2018
  • Lana Finney and Ryan McNamara

In October, Canada published new regulations prohibiting the import, sale, and use of all forms of asbestos, as well as the manufacture, import, sale, and use of products containing asbestos filaments. In addition, under amendments to the Environmental Protection Act, Canada now prohibits the export of asbestos in all its forms. This article gives an overview of the affected industries, exceptions and activities not covered, as well as the new import and use permit regime.

Environmental Law, Student Forum

What Does The Hague Court of Appeal's Decision In Urgenda Mean For Carbon Emission Regulation In Canada?

  • November 09, 2018
  • Stanley Berger

The Court of Appeal in the Hague upheld the District Court's order that the Netherlands reduce CO2 emissions by 25% relative to 1990 levels by the end of 2020. The Court concluded that "a reduction obligation of at least 25% by end - 2020" is in line with the State's duty of care." The Appellate Court rejected the argument that there were multiple pathways to achieving the higher threshold of 2oC and concluded that the technology to achieve these pathways was uncertain and unrealistic.

Environmental Law, Student Forum

Déjà Vu All Over Again: The New (Old) Fisheries Act

  • October 03, 2018
  • Michael Finley

The Fisheries Act remains the only legislation that directly addresses the protection and conservation of fish and fish habitat. Significant amendments to the Fisheries Act are underway through Bill C-68, now before the Senate. Some of the most important will restore the broad habitat and fish protections that were removed in 2012. This article reviews what changed in 2012, why those changes occurred, and what protections Bill C-68 proposes to restore to the Act.

Environmental Law, Student Forum