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: Graham Reeder and Joanna Vince

Today
Today

Ontario Amends the Mining Act to Streamline Closure Planning and Mineral Recovery Requirements

  • June 16, 2023
  • Joanna Rosengarten, partner, and Matthew Lakatos-Hayward, associate, Goodmans LLP

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.

Environmental Law, Student Forum

“Green” Hydrogen Power: Utilizing Water to Reach Net-Zero

  • June 16, 2023
  • Aaron Atcheson, partner, and Kyle Bertsch, associate, Miller Thomson LLP

Aaron Atcheson and Kyle Bertsch provide a timely update on key considerations, including potential environmental permitting requirements and impacts on infrastructure assets, in the adoption of hydrogen power as a source of renewable energy.

Environmental Law, Student Forum

Trucking Right Along – Ontario’s Excess Soil Laws and Considerations for the Development Industry

  • April 14, 2023
  • Matthew Gardner, Partner and Certified Specialist in Environmental Law by the Law Society of Ontario; Anand Srivastava, Associate, Willms & Shier Environmental Lawyers LLP

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.

Environmental Law, Student Forum

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

  • April 06, 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.

Environmental Law, 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?

  • February 14, 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.

Environmental Law, Student Forum

More Tools in the Box: Municipal Powers to Develop Sustainably

  • February 14, 2023
  • Graham Reeder, associate, Gowling WLG

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.

Environmental Law, Student Forum

Bill 23: Wither the Conservation Authorities?

  • February 14, 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.

Environmental Law, Student Forum

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

  • February 14, 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.

Environmental Law, Student Forum