Articles 2022

A recent decision of the Federal Court reexamined the role of federal Protection Statements under the Species at Risk Act, S.C. 2002, c 29 in protecting the habitats of migratory birds in Canada and provided guidance on the proper scope of migratory bird habitats to be protected.

On April 8, 2024, the Alberta Court of Appeal released its decision in the appeal of Qualex-Landmark Towers Inc v 12-10 Capital Corp. The Court of Appeal’s decision clarifies that the super priority of environmental remedial obligations recognized in Orphan Well Association v Grant Thornton Ltd, does not apply to private litigants, alleviating significant uncertainty for secured lenders.

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.

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.

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.

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.

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.

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.

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.