Articles 2019


Plan for the Ban: An Update on Single-Use Plastics Bans in Canada

  • September 22, 2020
  • Talia Gordner and Cody Foggin

Governments across Canada are making moves towards the ban of single-use plastics. While plastic bags, cutlery, straws and packaging are primary targets, the legislation directed at single-use plastics is broadly crafted to allow for the regulation of additional products. This article details these upcoming changes, where and when they are taking place, and what businesses currently producing, selling or using single-use plastics need to consider in the months ahead.

Environmental Law, Student Forum

Nation Rise Wind Farm: Ontario Court Quashes the Minister’s Decision to Revoke a Key Approval

  • June 05, 2020
  • Joanna Rosengarten, Reena Goyal and Will Horne

On May 13, 2020, the Ontario Divisional Court quashed the Minister of the Environment, Conservation and Parks’ 2019 decision to revoke the REA issued for the Nation Rise Wind Farm. The Court found the Minister’s decision to be unreasonable because it improperly raised new issues, applied an incorrect legal test, and reached conclusions not supported by evidence. The Court also applied Vavilov’s framework and found the Minister’s process in reaching his decision to be unfair.

Environmental Law, Student Forum

Is Your Environmental Investigation “Essential”? Environmental Services during the COVID-19 Pandemic

  • May 21, 2020
  • Jessica Boily and Natalie Mullins

While businesses are still required to comply with environmental obligations during the COVID-19 pandemic, many may be wondering whether they can engage environmental consulting services. Environmental consultants may themselves be questioning what services they can provide. This article discusses three common situations encountered by businesses and consulting firms along with considerations to assist in determining if environmental work should proceed.

Environmental Law, Student Forum

COVID-19: Implications for Environmental Permitting and Compliance

  • April 28, 2020
  • Richard J. King, Jennifer Fairfax, Alexandre Fallon, Patrick G. Welsh, Jessica Kennedy, Julien Hynes-Gagné, Evan Barz, Véronique Paré, Jesse Baker

The COVID-19 pandemic has impacted environmental permitting and enforcement activities in many Canadian jurisdictions. This update provides a cross-country overview of Canadian government pronouncements or guidance in respect of environmental permitting and compliance obligations during the pandemic.

Environmental Law, Student Forum

Suspension of EBR Notice Requirements

  • April 16, 2020
  • Joanna Rosengarten, Counsel with McCartthy Tetrault's Environmental Group

The Ontario Government has passed a regulation temporarily exempting proposals from Part II of the Environmental Bill of Rights. The Province will not be seeking public input or consider the Statements of Environmental Values when making decisions that are environmentally significant. The exemption is in place until 30 days after the termination of the Emergency Declaration, made on March 17, 2020, under the Emergency Management and Civil Protection Act in response to the Covid-19 Pandemic.

Environmental Law, Student Forum

Keeping Up with Environmental Obligations in the Time of Covid-19

  • April 09, 2020
  • Jessica Boily, Anna Côté, Mark Youden, Alexei Paish, and Harry Dahme

COVID-19 has brought upheaval across all industries and sectors of society. While this is no less true with respect to environmental matters, many environmental legal requirements remain in place and require continued compliance, despite challenges faced by companies in Canada. On the other hand, many court proceedings and municipal processes have been suspended. This article sets out some practical guidance on how to navigate both ends of this spectrum.

Environmental Law, Student Forum

Soleimani v. Rolland Levesque: Involvement of the Ministry of Environment, Conservation and Parks May Not Toll Limitation Period

  • February 18, 2020
  • Julia Schatz

The abandonment of the appeal leaves the decision of the Ontario Superior Court in Soleimani v Rolland Levesque intact. That decision found that the Ministry of Environment’s involvement in investigating and remediating ground water contamination under the EPA does not establish an alternative adjudication or dispute resolution process that would toll or suspend a limitation period pursuant to s. 5(1)(a)(iv) of the Limitations Act

Environmental Law, Student Forum

Time to Dish the Dirt: Ontario’s Excess Soil Regime Becomes Law

  • January 14, 2020
  • Matthew Gardner, Anand Srivastava, and Madiha Vallani

On December 4, 2019, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) filed the long-awaited On-Site and Excess Soil Management Regulation (“Excess Soil Regulation”) and complementary amendments to Ontario’s Records of Site Condition (O Reg 153/04) and Waste Management (Reg 347 and O Reg 351/12) regulations. The Excess Soil Regulation and complementary regulatory amendments will come into legal force in phases.

Environmental Law, Student Forum