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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

Ontario’s Cap and Trade Cancellation Act: Recommendations to the Minister of Environment, Conservation and Parks

  • 03 janvier 2019
  • Carissa Wong and David McRobert

This article provides an overview of the limitations of the Cap and Trade Cancellation Act, 2018 (the “CTCA”) and recommendations for its implementation in 2019 and beyond. It discusses the public consultation process leading to the enacted CTCA as well as the Ministry of Environment, Conservation and Parks’ compliance with the Environmental Bill of Rights.

Droit de l’environnement, Student Forum
Climate Change Regulatory Update: The “Made-in-Ontario Environment Plan” — More carrots, fewer sticks and a dash of sunlight

Climate Change Regulatory Update: The “Made-in-Ontario Environment Plan” — More carrots, fewer sticks and a dash of sunlight

  • 03 janvier 2019
  • Liane Langstaff and Erin Farrell

On November 29, 2018, the Government of Ontario released its plan, "Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan". The Plan provides Ontario's response to the federal government's carbon pricing backstop and touches on multiple environmental issues, including water pollution, greenspace, waste management and litter. This article focuses on those parts of the plan that address greenhouse gas emissions and other types of air pollution.

Droit de l’environnement, Student Forum

What Level of Information Does A Proponent Need To Start An Environmental Assessment?

  • 03 janvier 2019
  • Stan Berger

What level of information does a proponent need to start an EA? This question was addressed in Carhoun and Sons Enterprises ltd. v Canada (Attorney General) . A regulatory authority has considerable discretion when exercising its decision-making authority to issue authorizations under the CEAA when a project proposal is submitted. Early referral of an incomplete application would mean completed applications would have to await processing of incomplete applications to their detriment.

Droit de l’environnement, Student Forum

Eagleridge International Ltd: What happens when regulatory approval is granted and then withdrawn after a change of government

  • 23 novembre 2018
  • Stanley Berger

In Eagleridge International Ltd. v. Newfoundland and Labrador, following a change of government, the new provincial Minister of Environment and Conservation withdrew approval for the construction of a gravel road intended to facilitate mineral exploration on lands and ordered that the project be subject to a full environmental assessment (EA). Eagleridge was entitled to proceed in accordance with the release from the full EA granted by the Minister before the change in government.

Droit de l’environnement, Student Forum

New Details on Application of Federal Carbon-Pricing Backstop

  • 16 novembre 2018
  • Andrew T.R. Chachula, Sarah E. Gilbert and Thomas W. McInerney

In October, the federal government made further announcements regarding the federal carbon-pricing “Backstop”, providing details on where the pricing system will apply and how the revenues for provinces and territories will be used. The Backstop ensures a national carbon-pricing system that applies to greenhouse gas emissions from a broad set of sources, which is revenue-neutral to the federal government. Ontario and Saskatchewan have commenced legal actions to challenge the Backstop.

Student Forum

Federal Prohibition on Asbestos Regulations – New restrictions on the importation, sale, and use of asbestos-containing products soon to take effect

  • 16 novembre 2018
  • Lana Finney and Ryan McNamara

In October, Canada published new regulations prohibiting the import, sale, and use of all forms of asbestos, as well as the manufacture, import, sale, and use of products containing asbestos filaments. In addition, under amendments to the Environmental Protection Act, Canada now prohibits the export of asbestos in all its forms. This article gives an overview of the affected industries, exceptions and activities not covered, as well as the new import and use permit regime.

Droit de l’environnement, Student Forum

What Does The Hague Court of Appeal's Decision In Urgenda Mean For Carbon Emission Regulation In Canada?

  • 09 novembre 2018
  • Stanley Berger

The Court of Appeal in the Hague upheld the District Court's order that the Netherlands reduce CO2 emissions by 25% relative to 1990 levels by the end of 2020. The Court concluded that "a reduction obligation of at least 25% by end - 2020" is in line with the State's duty of care." The Appellate Court rejected the argument that there were multiple pathways to achieving the higher threshold of 2oC and concluded that the technology to achieve these pathways was uncertain and unrealistic.

Droit de l’environnement, Student Forum

The Electrification of the Economy: Ontario’s 2017 Long-Term Energy Plan

  • 30 novembre 2017
  • Richard Wong, Elliot Smith, Jacob Sadikman, Richard King, Rocco Sebastiano, Vince Mazza (Osler, Hoskin & Harcourt LLP)

On October 26, 2017, the Ontario government issued its latest Long-Term Energy Plan (LTEP) pursuant to the Energy Statute Law Amendment Act, 2016, replacing earlier plans issued in 2013 and 2010. The LTEP, which includes forecasts as far as 2035, sets out the government’s goals and objectives relating to the electricity sector.

Emerging Trends in Environmental Class Actions in Canada

  • 30 novembre 2017
  • Venetia E.K. Whiting and Scott Azzopardi

A discussion of emerging trends in environmental class actions, including the first certification of an environmental class action in BC; 2017's continued the trend in favour of certifying environmental class actions arising from single-incident torts where responsibility is a common issue; environmental claims dealing with historical and continuous harm with limitation period issues remaining a significant hurdle for plaintiffs.

Droit de l’environnement