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Les articles ci-dessous sont publiés par la Section du droit de l'environnement de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Venetia Whiting and Rebecca Hall-McGuire

Aujourdʼhui
Aujourdʼhui

Hot off the Press: The CSA Issues Guidance on Climate Change-Related Risks

  • 23 septembre 2019
  • Irwin Greenblatt, Eric Roblin and Jennifer Humphrey, Fogler, Rubinoff LLP

Published on August 1, 2019, the CSA Staff Notice 51-358 Reporting of Climate Change-related Risks, highlights the disclosure obligations of a securities issuer in light of climate change-related issues as they relate to the issuer's MD&A and AIF. This article explains those risks and their impact.

Droit de l’environnement, Student Forum

What Should You Know About the Coming into Force of the Impact Assessment Act?

  • 23 septembre 2019
  • Stanley Berger, partner Fogler, Rubinoff LLP

The Impact Assessment Act and two important regulations came into force in August 2019, transferring greater oversight of the federal environmental assessment process to the new Impact Assessment Agency. This article summarizes these oversight powers and how they have changed from the previous regime.

Droit de l’environnement, Student Forum

Lack of Progress on Fossil Fuel Subsidies Reform Undermines Historical Progress Made by Recent Fisheries Act Amendments in Canada

  • 04 juillet 2019
  • Carissa Wong

Canada’s subsidies of fossil fuels (particularly diesel) support over-fishing by industrial fleets, and undermine the progress of recent amendments to the Fisheries Act to rebuild devastated marine fish and shark populations. More attention and concrete action through World Trade Organization law reform is needed to transition Canada out of fuel subsidies and ultimately enhance fish and shark stocks.

Droit de l’environnement, Student Forum

Granting Lake Erie Environmental Rights: Will it work?

  • 26 avril 2019
  • David McRobert and Bianca Salive

This article considers the recent bill of environmental rights that one city granted to Lake Erie. It examines the history of granting legal rights to nature, as well as arguments for and against. While reluctant to dismiss granting nature legal rights as largely a façade, the authors conclude that more complex regulatory solutions premised on cooperation between multiple stakeholders seem more likely to deliver a viable, long-term solution for the Lake.

Droit de l’environnement, Student Forum

Supreme Court of Canada Decision in Redwater: Early implications

  • 30 mars 2019
  • Melanie Gaston, Janice Buckingham, Emily Paplawski

The decision in Redwater Energy Corporation (Re) may, for now, resolve the uncertainty regarding the end‐of‐life obligations owed by an AER licensee debtor in an insolvency proceeding. This article describes the likely consequences of the decision for the federal insolvency regime, energy industry, debt financing, and directors of oil and gas companies.

Droit de l’environnement, Student Forum

Insolvency and Environmental Law Collide: Supreme Court of Canada rules in favour of Alberta energy regulator in Redwater decision

  • 30 mars 2019
  • Tamara Farber and Sherry Kettle

The SCC’s decision in Orphan Well Association v. Grant Thornton Limited says there are end-of-life remedial obligations associated with a bankrupt’s non-productive wells that have to be addressed. These remedial obligations are a prioritization of the use of the bankrupt’s assets for compliance with its regulatory obligations to clean up under the terms of its licenses.This article provides an overview of the impact of the decision on insolvency professionals and secured creditors.

Droit de l’environnement, Student Forum

A Guide to Cannabis Waste Management Under Canada's Environmental Laws

  • 30 mars 2019
  • Oliver Moore and Jason Worobetz

In 2018, the Cannabis Act came into force and introduced a federal regulatory regime to control the licensing and production of cannabis. However, the Act is largely silent as to the environmental obligations of licensed cultivators and processors (“licensees”). Licensees currently operate in a complex and overlapping environmental regime with significant potential liability. This article provides an overview of a licensee’s key obligations in regard to cannabis waste management.

Droit de l’environnement, Student Forum

Ontario’s Proposal to Address Greenhouse Gas Emissions: Industrial Emission Performance Standards

  • 30 mars 2019
  • John Georgakopoulos, Joanna Vince, and Madiha Vallani,

Secured creditors should engage with the debtor, environmental and insolvency professionals as quickly as possible to protect their investment in collateral. Secured creditors will also need to consider whether it makes sense to risks of regulatory orders if they commence an insolvency process as there is a risk that there will be no distribution to creditors after satisfying environmental obligations.

Droit de l’environnement, Student Forum

The Implications of the Proposed Changes to and Ultimate Repeal of the Toxics Reduction Act, 2009

  • 04 février 2019
  • David McRobert

The Ontario Toxics Reduction Act, 2009 (TRA) provided cost-effective benefits that were distinct and broader in scope than the federal Chemicals Management Plan under CEPA. The TRA had potential to make large reductions in toxic discharges over time, particularly if more of its provisions were brought into force. Despite this, however, Ontario proposed to repeal the TRA by the end of 2021. Doing so, significant transparency in toxics reduction could be lost, as well.

Droit de l’environnement, Student Forum