Articles 2019

Aujourdʼhui
Aujourdʼhui

At Long Last—Increased Regulatory Certainty for Treated Articles in Canada

  • 06 avril 2023
  • Julia Schatz, partner, and Venetia Whiting, associate, Bennett Jones LLP

This article provides a helpful overview of amendments to the Pest Control Products Regulations that were published in the Canada Gazette Part II on December 7, 2022. The amendments are intended to clarify regulatory requirements for treated articles and establish criteria for authorizing certain treated articles, formally exempt certain antimicrobials used in products regulated under certain Acts and replace the requirements for declarations by importer of control products.

Droit de l’environnement, Student Forum
man and child walking side by side along a path in an autumnal, tree- and shrub-filled park, enjoying nature

The Right of Public Access to Nature: How do you care for something you cannot access?

  • 14 février 2023
  • Carissa Wong

This article considers how a right of public access to nature, or lack thereof, impacts the Canadian approach to environmental protection and social and economic development. The author compares the Canadian and Swedish relationship with their natural environment and how this informs our value system when it comes to statutory environmental protections.

Droit de l’environnement, Student Forum

Bill 23: Wither the Conservation Authorities?

  • 14 février 2023
  • Paula Boutis, counsel, Aird & Berlis LLP

This article provides an overview of the impact Bill 23 and the changing role of Conservation Authorities in Ontario.

Droit de l’environnement, Student Forum

Closing the Gaps: Single-use Plastic Regulations, Recycling, Recycled Content and Labelling Rules in Canada

  • 14 février 2023
  • Denisa Mertiri, senior associate, and Morgane L. Besner, associate, Borden Ladner Gervais

This article provides an update on the status of single-use plastic regulations and other regulatory measures – including recycling – taken to reduce the impact of plastics in the environment across Canada, and provides an overview of upcoming federal regulations on recycled content and labelling rules for products.

Droit de l’environnement, Student Forum

Plan for the Ban: Canada Proposes Plastic Labelling Rules and Federal Plastics Registry

  • 07 novembre 2022
  • Talia Gordner, Julia Loney, Ralph Cuervo-Lorens, McMillan LLP

The sixth in McMillan LLP’s “Plan for the Ban” series, this bulletin summarizes two consultation papers published by the federal government: one on the creation of labelling rules to enhance the accuracy of recyclability and compostability information on plastic packaging and single-use plastics, and the other on the establishment of a federal plastics registry requiring plastic producers to report annually on their plastic contribution to the Canadian economy.

Droit de l’environnement, Student Forum

Pollution Exclusion Clauses: When do Ontario courts allow an insurer to limit recovery for environmental damages?

  • 19 avril 2022
  • Nicole Tzannidakis, Dentons Canada LLP

This article reviews the decision of the Ontario Superior Court in the case of Kin v Ecclesiastical. The application was brought as a result of the claim brought by the purchaser of the property for damages due to the discovery of underground storage tanks. The applicants were the defendants in the claim and the issue dealt with by the court, and reviewed in this article, relates to the determination of insurance coverage and application of the pollution exclusion clauses.

Droit de l’environnement, Student Forum

Expanding Administrative Penalties for Environmental Contraventions

  • 19 avril 2022
  • Rizwan Khan, Counsel, Viridius Lex LLP

This article provides an explanation and overview of the new administrative penalty regime (“AMP”) proposed for the enforcement of Ontario's environmental laws. The article reviews the process for the issuance of an AMP under the proposed regulations and the approach applied for the calculation of penalty amounts. Note that the associated draft regulations implementing the administrative penalty regime have not yet been posted on the ERO for review and comment.

Droit de l’environnement, Student Forum

Plan for the Ban: Our New Year’s Update of Single-Use Plastics Bans Across Canada

  • 03 mars 2022
  • Talia Gordner, Julia Loney and Tess Dimroci, McMillan LLP

This article provides an updated summary of the current state of legislation across Canada relating to single use plastic and explores the changes and trends businesses can expect over the next few years. The article concludes that the existing, pending and future regulations are likely to continue to expand over time resulting in an increased need for innovation and production in the area of reusable, recyclable and biodegradable alternatives for businesses and consumers.

Droit de l’environnement, Student Forum