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 Paula Lombardi

Today
Today

Cannabis and Waste: Another “Green” Opportunity

  • December 15, 2020
  • Holly Sherlock, Talia Gordner and Ralph Cuervo-Lorens

While the rapid growth of the cannabis industry in Canada has created new and exciting opportunities, this breakneck pace raises questions regarding the management of cannabis-related waste. Despite the general emphasis of regulators on the importance of proper waste management, there is little guidance from either the federal or the provincial governments on this issue specific to the cannabis industry.

Environmental Law, Student Forum

Government of Canada Announces Proposed Regulations for Single-Use Plastics

  • October 21, 2020
  • Richard J. King, Jennifer Fairfax, Patrick G. Welsh, and Isabelle Crew

The Federal Government has recently announced proposed regulations for single-use plastics. From a plastics ban, to recycled content requirements, to extended producer responsibility schemes, this article provides a high-level overview of the proposed measures being contemplated by the Federal Government, and outlines next steps for stakeholders that may be impacted by them.

Environmental Law, Student Forum

Whither the Canadian Federal Government’s Proposed Plastics Regulatory Plan? Will the public and the provinces support federal government efforts to ban and regulate single-use and other plastics in the wake of COVID-19?

  • October 21, 2020
  • David McRobert

On Oct. 7, 2020, federal Environment and Climate Change Minister Jonathan Wilkinson announced the federal government would draft regulations to add “plastic manufactured items” to the Schedule 1 list of toxic substances under the Canada Environmental Protection Act (CEPA) by December 2021. This article looks at various aspects of the proposed federal plastics regulatory plan, including potential complications arising from the public and provinces.

Environmental Law, Student Forum
How the COVID-19 Pandemic has Reshaped Global Patterns of Plastic Use and the Timing of Regulatory Phase-outs and Possible Progressive Legal, Regulatory and Consumer Responses

How the COVID-19 Pandemic has Reshaped Global Patterns of Plastic Use and the Timing of Regulatory Phase-outs and Possible Progressive Legal, Regulatory and Consumer Responses

  • October 21, 2020
  • David McRobert, Dana Jordan and Meghan Ostrum

The COVID-19 pandemic has highlighted how a health and related economic crises can block or significantly delay carefully crafted legal and regulatory responses to environmental problems. In the wake of concern about rapid transmission of COVID-19, public health officials, the health care sector, and the plastics industry (and the food and beverages sector) are exerting considerable pressure to relax efforts to regulate plastics and phase-out single use plastics (SUPs).

Environmental Law, Student Forum

Plan for the Ban: An Update on Single-Use Plastics Bans in Canada

  • September 22, 2020
  • Talia Gordner and Cody Foggin

Governments across Canada are making moves towards the ban of single-use plastics. While plastic bags, cutlery, straws and packaging are primary targets, the legislation directed at single-use plastics is broadly crafted to allow for the regulation of additional products. This article details these upcoming changes, where and when they are taking place, and what businesses currently producing, selling or using single-use plastics need to consider in the months ahead.

Environmental Law, Student Forum

Nation Rise Wind Farm: Ontario Court Quashes the Minister’s Decision to Revoke a Key Approval

  • June 05, 2020
  • Joanna Rosengarten, Reena Goyal and Will Horne

On May 13, 2020, the Ontario Divisional Court quashed the Minister of the Environment, Conservation and Parks’ 2019 decision to revoke the REA issued for the Nation Rise Wind Farm. The Court found the Minister’s decision to be unreasonable because it improperly raised new issues, applied an incorrect legal test, and reached conclusions not supported by evidence. The Court also applied Vavilov’s framework and found the Minister’s process in reaching his decision to be unfair.

Environmental Law, Student Forum

Is Your Environmental Investigation “Essential”? Environmental Services during the COVID-19 Pandemic

  • May 21, 2020
  • Jessica Boily and Natalie Mullins

While businesses are still required to comply with environmental obligations during the COVID-19 pandemic, many may be wondering whether they can engage environmental consulting services. Environmental consultants may themselves be questioning what services they can provide. This article discusses three common situations encountered by businesses and consulting firms along with considerations to assist in determining if environmental work should proceed.

Environmental Law, Student Forum

COVID-19: Implications for Environmental Permitting and Compliance

  • April 28, 2020
  • Richard J. King, Jennifer Fairfax, Alexandre Fallon, Patrick G. Welsh, Jessica Kennedy, Julien Hynes-Gagné, Evan Barz, Véronique Paré, Jesse Baker

The COVID-19 pandemic has impacted environmental permitting and enforcement activities in many Canadian jurisdictions. This update provides a cross-country overview of Canadian government pronouncements or guidance in respect of environmental permitting and compliance obligations during the pandemic.

Environmental Law, Student Forum