Articles 2020

For decades, many involved in land development and construction struggled with how to interpret Ontario’s regulation of excavated soil. After much anticipation, Ontario has created a legal regime to answer the questions raised on this topic and provide certainty for the construction and waste management industries, consultants, contractors, municipalities, land owners, and developers alike. This legal regime is discussed in detail in this article.

This article provides a brief update on the much anticipated forthcoming amendments to the Canadian Environmental Protection Act.

This article provides critical insights into understanding and managing limitation periods in environmental law with an in-depth look at key cases in this area.

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.

This timely article provides an overview of municipal powers to address sustainability in land development, which have been the subject of significant scrutiny in light of changes pursuant to Bill 23.

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

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.

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.

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.