Articles

Image of a finger going along text on a tablet. The below articles are published by the Environmental Law Section of the Ontario Bar Association. Members are encouraged to submit articles. View the article disclaimer

Editors: Dina Awad and Diana Weir

Today
Today

Climate Change and Environmental Law: Where are We Heading? Keynote Presentation by Dr. Dianne Saxe

  • December 04, 2021
  • Angela Dittrich and David McRobert

In this article, Angela Dittrich and David McRobert review the keynote presentation made by Dr. Dianne Saxe to the OBA’s Environmental Law Mentorship Session on June 29, 2021. Dr. Saxe presented a summary of the scientific evidence supporting human-caused climate change and argued that the moral case for the courts taking action on climate change now has been made. A review of climate litigation to date is also provided.

Environmental Law, Student Forum

Out of Charge: Do insurers and lenders hold the key to the mass adoption of electric vehicles?

  • December 02, 2021
  • Aaron Atcheson, Kelsey Vicary and Kyle Bertsch

In an effort to reach its stated goal of net-zero emissions across the country, the Government of Canada has plans to implement a ban on the sale of all gasoline-powered vehicles by 2035. This article explores concerns that Canada is not ready for the mass adoption of EVs. Significant upgrades are needed to EV infrastructure, from chargers to local distribution capacity.

Environmental Law, Natural Resources and Energy Law, Student Forum

Adding It All Up - Cumulative Impacts of Industrial Development & First Nations’ Rights

  • November 25, 2021
  • Denisa Mertiri and Rebecca Murray, ,

On June 29, 2021, the British Columbia Supreme Court held for the first time that the Crown’s power to take up lands for industrial development under a treaty could violate First Nation treaty rights if industrial development resulted in the First Nation no longer being able to meaningfully exercise their treaty rights. The Yahey v. British Columbia decision may have significant impacts on industrial developments involving forestry, oil and gas, and renewable energy in Canadian provinces.

Environmental Law, Student Forum

Divisional Court Confirms Environmental Significance of Ministerial Zoning Orders and Importance of Consultation under the Environmental Bill of Rights, 1993

  • October 18, 2021
  • Talia Gordner, Annik Forristal, and Kailey Sutton

Learn about the recent decision of Greenpeace Canada (2471256 Canada Inc.) v. Ontario (Minister of the Environment, Conservation and Parks) which has confirmed the potentially significant environmental impact of the use of Ministerial Zoning Orders as well as the government’s obligation to closely consider whether public consultation is required under the Environmental Bill of Rights, 1993 prior to the enactment of proposed legislation or policy.

Environmental Law, Student Forum

The Overview You Have “Bin” Waiting For: The New Blue Box Program Shifts Accountability on to Producers

  • October 18, 2021
  • Susan Fridlyand

The new Blue Box Regulation came into force on June 3, 2021. This regulation shifts the responsibility of operating and paying for Ontario’s recycling program on to Producers of Blue Box Materials. The transition will take place between July 1, 2023 and December 31, 2025; however, there are important registration requirements effective as of this year to be aware of, as detailed below.

Environmental Law, Student Forum

Does CEPA Adequately Protect Canadians and Communities from the Threats Posed by Emerging Biotechnologies and GMOs? Will Bill C-28 Address the Need for Changes?

  • July 13, 2021
  • David McRobert and Angela Dittrich

This article examines whether Part 6 of the Canadian Environmental Protection Act (CEPA) adequately regulates the animate products of biotechnology. The authors propose changes to Part 6, and examine the extent to which Bill C-28 could address the challenges identified.

Environmental Law, Student Forum

Does Bill C-28, the Proposed Strengthening Environmental Protection for a Healthier Canada Act, Address the Need for Changes to the Canadian Environmental Protection Act to Protect Canadians and Communities from the Threats Posed by Toxic Chemicals?

  • July 13, 2021
  • David McRobert and Angela Dittrich

This article examines various regulatory reforms to strengthen the Canadian Environmental Protection Act (CEPA) that Canadian environmental groups, public health advocates, occupational health experts and Indigenous organizations have advocated for since the mid 2000s. It focuses on reforms to protect vulnerable individuals and communities from toxic substances.

Environmental Law, Student Forum

Supreme Court of Canada Decides the Federal Greenhouse Gas Pollution Pricing Act is Constitutional

  • April 05, 2021
  • Jennifer King, Liane Langstaff, Michael Finley, Chris Hummel and Graham Reeder

On March 25, 2021, the Supreme Court of Canada released its highly anticipated decision in the Greenhouse Gas Pollution Pricing Act references, with the majority confirming that the federal carbon pricing backstop is constitutional. This article unpacks the Court's decision, and reflects on its impacts.

Environmental Law, Student Forum

Fueling the Future: Canada’s Plan to Reduce Greenhouse Gas Emissions under the Clean Fuel Regulations

  • April 05, 2021
  • Holly Sherlock, Talia Gordner, Julia Loney and Ralph Cuervo-Lorens

On March 3, 2021, the public consultation period for the federal government’s proposed Clean Fuel Regulations ended. The Regulations are intended to contribute to Canada’s reduction of greenhouse gas emissions. This article provides an overview of the proposed Regulations and a survey of their potential impact.

Environmental Law, Natural Resources and Energy Law, Student Forum

Federal Government Releases Offset Projects Regulations

  • March 23, 2021
  • Joanna Rosengarten

This article discusses the federal government's recent publication of the Greenhouse Gas Offset Credit System Regulations. These proposed regulations aim to govern offset projects in order to allow industrial emitters subject to the federal Greenhouse Gas Pollution Pricing Act to meet their compliance obligations by investing in projects that reduce or remove greenhouse gas emissions.

Environmental Law, Student Forum