Federal Carbon Tax Constitutional
Today, Ontario’s Court of Appeal found that the Federal Government’s Carbon scheme is constitutional, “regulatory in nature”, and “not a tax.” The Honourable Strathy, Chief Justice of Ontario, wrote that the Act[1] “is within Parliament’s jurisdiction to legislate in relation to matters of ‘…
View the post titled Federal Carbon Tax ConstitutionalBill C-68, the Amended Fisheries Act, receives Royal Assent
On June 21, 2019, Bill C-68, the Amended Fisheries Act, received Royal Assent and became law. The most significant change to the Act is reflected in subsection 2.1(b) of the new purpose clause: 2.1 The purpose of this Act is to provide a framework for (a) the proper management and control o…
View the post titled Bill C-68, the Amended Fisheries Act, receives Royal AssentBuyer Beware: What happens to your real estate deposit when conditions aren’t fulfilled
In most circumstances, a buyer will submit a deposit on acceptance of their offer to purchase residential property. These deposits are typically held in trust by the seller’s brokerage and can range anywhere from $100 to $50,000 or more depending on the location and nature of the property. F…
View the post titled Buyer Beware: What happens to your real estate deposit when conditions aren’t fulfilledChanges to the Nutrient Management Act, 2002 Regulations Approved
On June 14, 2019, the Ontario Government announced that it will amend the regulatory regime that governs farmers’ handling of manure and fertilizer. In Ontario, the Nutrient Management Act, 2002 (the “NMA”) regulates the management of manure generated from livestock as well as the applicatio…
View the post titled Changes to the Nutrient Management Act, 2002 Regulations Approved$3.8M Fine for Pipeline Oil Leak
On June 12, 2019 Husky Oil Operations (“Husky Oil”) pled guilty to one count under section 36(3) of the Fisheries Act and one count under section 5.1(1) of the Migratory Birds Convention Act. The charges were the result of a leak of approximately 225,000 litres of blended heavy crude oil fro…
View the post titled $3.8M Fine for Pipeline Oil LeakIllegal Collection of Migratory Bird Eggs Results in $18,000 Fine
On March 27, 2019, three individuals in Quebec pleaded guilty to two counts each under the Migratory Birds Convention Act, 1994, S.C. 1994, c. 22, (the “MBCA”) for unlawfully disturbing migratory bird nests and unlawfully taking migratory bird eggs. The MBCA, section 5(a), makes it an offenc…
View the post titled Illegal Collection of Migratory Bird Eggs Results in $18,000 FineLiability waivers: Are they enforceable?
Nearly every recreational activity offered today requires the participant to sign a waiver of liability. Skiing, spin classes, kid’s field trips- waivers have become so common place that people don’t think twice about signing them. But what effect do these waivers really have? If you or your…
View the post titled Liability waivers: Are they enforceable?Proposed Migratory Bird Convention Act Regulations offer some new legal certainty for Industry
On June 1, 2019, proposed Migratory Bird Convention Act Regulations (“MBRs”) were published in Part I of the Canada Gazette. The Migratory Birds Convention Act, 1994 (the “MBCA”) was first adopted in 1917 to implement the 1916 international convention on Migratory Birds between Canada (the U…
View the post titled Proposed Migratory Bird Convention Act Regulations offer some new legal certainty for IndustrySpill Results in $100,000 Fine
On May 10, 2019 a transportation trucking company was fined $100,000 plus the 25% victim fine surcharge for discharging a contaminant into the natural environment contrary to the provisions of the Environmental Protection Act. In addition to the corporate fine the driver of the truck was con…
View the post titled Spill Results in $100,000 FineThe Ever-Changing Carbon Tax Debate Throughout Canada
On May 22, 2019 the Alberta government tabled the Carbon Tax Repeal Act to immediately repeal the existing carbon levy. The repeal of the Carbon Tax Repeal Act is under the provisions of Bill 1 by Alberta’s new United Conservative Party (UPC) government. The Alberta carbon tax however was en…
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