Articles 2019

Today
Today

Of Birds and Buildings: Private Member’s Bill Seeks to Protect Birds

  • February 05, 2024
  • Paula Boutis

On October 31, 2023, M.P. Chris Glover introduced a Private Member’s Bill, Bill 145, “An Act to amend the Building Code Act, 1992 with respect to bird-safe windows” (the “Bill”). The Bill's introduction reminds us that the birds need protecting and that ongoing work has been happening towards this goal for several decades.

Environmental Law, Student Forum

Proposed Amendments to Ontario’s Excess Soil Laws

  • February 05, 2024
  • Matthew Gardner, partner at Willms & Shier Environmental Lawyers LLP

On October 17, 2023, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) posted proposed regulatory amendments to Ontario Regulation 406/19 - On-Site and Excess Soil Management (“O. Reg. 406/19”) and the Rules for Soil Management and Excess Soil Quality Standards (“Soil Rules”) on the Environmental Registry of Ontario. This article summarizes the proposed amendments.

Environmental Law, Student Forum

Accelerated Development with the Risk of Environmental Violations

  • October 30, 2023
  • Aditi Kara

To meet the growing housing demands, the Ministry of Environment, Conservation and Parks has been undertaking extensive consultation regarding amending regulations for the Environment Protection Act and the Ontario Water Resource Act concerning dewatering construction sites ending on October 30, 2023. A closer examination of the proposed regulations reveals gaps that will inevitably lead to violations of environmental law.

Environmental Law, Student Forum
photo of Alexandria Pike

Environmental Law Section Interview Series: Featuring Alexandria Pike

  • October 27, 2023
  • Alegria Rosales

Welcome to Issue No. 1 of the Environmental Law Section Interview Series. Our first guest is Alexandria Pike, partner at Davies. Alexandria shared interesting information about her background, interests, career path and perspective regarding the environmental law practice. We thank her for her time and candid responses. Check it out and enjoy the reading.

Environmental Law, Student Forum

Mineral Claims, the Duty to Consult and UNDRIP: Findings in the Gitxaala Case

  • October 27, 2023
  • Brianne Paulin, associate, Aldridge + Rosling LLP

This article provides a brief overview of the decision of the BC Supreme Court in Gitxaala v. British Columbia (Chief Gold Commissioner). The Court found that the province of BC owes a duty to consult to potentially affected Indigenous peoples prior to granting mineral claims under the Mineral Tenure Act. The Court also found that the Declaration on the Rights of Indigenous Peoples Act did not implement the United Nations Declaration on the Rights of Indigenous Peoples in BC.

Environmental Law, Natural Resources and Energy Law, Student Forum

Supreme Court of Canada Holds Designated Projects Scheme Under the Impact Assessment Act is Unconstitutional

  • October 27, 2023
  • Joanna Rosengarten, Matthew Lakatos-Hayward, Cristin Hunt

On October 13, 2023, the Supreme Court of Canada (SCC) released its advisory decision regarding the constitutionality of the federal government’s environmental assessment (EA) regime in Reference re Impact Assessment Act. A majority of the SCC found that much of the federal government’s Impact Assessment Act (the “Act”) and the Physical Activities Regulations ( the “Regulations”) under the Act are unconstitutional.

Environmental Law, Student Forum

Plan for the Ban: New Consultation Launched for Plastics Labelling Framework and Federal Plastics Registry

  • June 23, 2023
  • Talia Gordner, partner, Julia Loney, partner, and Khaleed Mawji, articling student, McMillan LLP

This article provides an update on the federal government’s consultation regarding proposed labelling rules to enhance the accuracy of recyclability and compostability information on plastic packaging and the establishment of a federal plastics registry requiring plastic producers to report annually on their plastic contribution to the Canadian economy.

Environmental Law, Student Forum

Emerging Contaminants Update: Government of Canada publishes draft State of PFAS Report

  • June 23, 2023
  • Diana Weir, counsel, Norton Rose Fulbright LLP

Per- and polyfluoroalkyl substances (PFAS) continue to be a hot topic in the field of emerging contaminants. This article provides an overview of the federal government's draft State of PFAS Report and Risk Management Scope, which follow a two-year assessment of the fate, sources, occurrence, and potential impacts of PFAS on the environment and human health in Canada.

Environmental Law, Student Forum

Ontario Amends the Mining Act to Streamline Closure Planning and Mineral Recovery Requirements

  • June 16, 2023
  • Joanna Rosengarten, partner, and Matthew Lakatos-Hayward, associate, Goodmans LLP

This article provides an overview of forthcoming amendments to the Mining Act introduced through the passage of Bill 71, the Building More Mines Act, 2023, on May 18, 2023. The amendments are being made as part of Ontario's critical mineral strategy and are intended to create conditions that allow mines to be built and operated more efficiently.

Environmental Law, Student Forum

“Green” Hydrogen Power: Utilizing Water to Reach Net-Zero

  • June 16, 2023
  • Aaron Atcheson, partner, and Kyle Bertsch, associate, Miller Thomson LLP

Aaron Atcheson and Kyle Bertsch provide a timely update on key considerations, including potential environmental permitting requirements and impacts on infrastructure assets, in the adoption of hydrogen power as a source of renewable energy.

Environmental Law, Student Forum