Articles

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.

In this article, Matthew Gardner, Anand Srivastava, and Madiha Vallani provide an overview of the key provisions of Ontario's Excess Soil Laws. The article also includes a summary of the three phases of the roll out of the excess soil regime and important considerations for project leaders.

This article focuses on the Ontario Court of Appeal decision in Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2022 ONCA 315, which provides the first judicial interpretation of “damage” to habitat under the Endangered Species Act (“ESA”).

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.

This article provides an explanation and overview of the new administrative penalty regime (“AMP”) proposed for the enforcement of Ontario's environmental laws. The article reviews the process for the issuance of an AMP under the proposed regulations and the approach applied for the calculation of penalty amounts. Note that the associated draft regulations implementing the administrative penalty regime have not yet been posted on the ERO for review and comment.

This article provides an updated summary of the current state of legislation across Canada relating to single use plastic and explores the changes and trends businesses can expect over the next few years. The article concludes that the existing, pending and future regulations are likely to continue to expand over time resulting in an increased need for innovation and production in the area of reusable, recyclable and biodegradable alternatives for businesses and consumers.

Phase Two of Ontario’s On-Site and Excess Soil Management Regulation took effect on January 1, 2022. Since coming into force on January 1, 2021, the Regulation has introduced a new framework for the excavation, removal and transport of “excess soil” between two or more sites. These regulatory changes have affected property owners, developers, consultants, and the construction industry as a whole, exposing its participants to new risks and legal requirements.

How has impact assessment (IA) and environmental assessment (EA) legislation evolved over the past fifty years in Canada? How will recent IA/EA amendments and modernization schemes impact environmental protection, meaningful Indigenous consultation, socio-economic benefits, and post-approval processes? The Ontario Bar Association’s “Environmental Assessment Primer” provided valuable insight into these questions as well as a comprehensive overview of the practice of environmental assessment law. 

As part of the 2022 OBA Institute conference on February 3rd, 2022, the speakers presented a non-exhaustive list of top ten cases from 2021 based on their relevance to the wide membership of the OBA Environmental Law Section. The selected cases are summarized below and are grouped in themes.

Recent changes to the Endangered Species Act, 2007 (“ESA”) include allowing payment of species conservation charges to a Species at Risk Conservation Fund and streamlining conditional exemptions for activities impacting prescribed species at risk. One significant change is the introduction of a new option allowing proponents undertaking authorized activities to contribute to the Species at Risk Conservation Fund instead of completing beneficial actions for species impacted by their activities.