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Published on: 15 Jul 2019 By

Is a Healthy Environment a Fundamental Right of Citizens

On November 26, 2018 ENvironnement JEUnesse (“ENJEU[1]”) filed an application for authorization against the Government of Canada to bring a class action on behalf of all Quebec residents aged 35 and under claiming a right to a clean and healthy environment. The claim alleged that the Canadia…

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Published on: 11 Jul 2019 By

Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s Order

A July 2, 2019, judgment of the Environmental Review Tribunal in Alizadeh v. Ontario (Environment, Conservation and Parks), 2019 CanLII 62106 (ON ERT), confirms that corporate officers and directors face a high evidentiary burden to rebut the presumption that they are properly named in an En…

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Published on: 9 Jul 2019 By

Closure of White Pines Wind Facility in Price Edward County, Ontario

On July 3, 2019, the Ontario Ministry of the Environment, Conservation and Parks (“MECP”) posted its notice of decision with respect to regulations to govern the closure of the White Pines Wind Project. The White Pines Wind Project was a Class 4 Energy Project (with a nameplate capacity of 1…

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Published on: 4 Jul 2019 By

Federal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544

Last week, the Ontario Court of Appeal released its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 on the constitutionality of the federal carbon pricing scheme. The Court held that the Greenhouse Gas Pollution Pricing Act, which imposes charges for various fuel…

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Published on: 26 Jun 2019 By

Bill 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…

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Published on: 19 Jun 2019 By

Changes 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…

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Published on: 7 Jun 2019 By

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…

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Published on: 3 Jun 2019 By

The 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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Published on: 27 May 2019 By

BC Court of Appeal rules legislation with the sole effect of setting conditions for Trans Mountains Pipeline is not within BC’s authority.

On May 24, 2019, the BC Court of Appeal released a unanimous decision in Reference re Environmental Management Act (British Columbia), 2019 BCCA 181. At issue in this reference case was a proposed amendment to BC’s Environmental Management Act (“EMA”) dealing with “hazardous substance permit…

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