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…View the post titled Bill C-68, the Amended Fisheries Act, receives Royal Assent
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…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 Leak
Illegal 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 Fine
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 Industry
Spill 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 Fine
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…View the post titled The Ever-Changing Carbon Tax Debate Throughout Canada
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…View the post titled BC Court of Appeal rules legislation with the sole effect of setting conditions for Trans Mountains Pipeline is not within BC’s authority.
Ontario Government Continues Roll-out of the Resource Recovery and Circular Economy Act, 2016
Proposed regulations under the Resource Recovery and Circular Economy Act, 2016 (RRCEA) for recycling of electrical/electronic equipment (e.g. televisions, laptops, cellphones, light bulbs, appliances, etc.) and batteries have been posted to the Environmental Registry of Ontario (ERO). The r…View the post titled Ontario Government Continues Roll-out of the Resource Recovery and Circular Economy Act, 2016
Court of Appeal Confirms Federal Carbon Tax Constitutional
On May 3, 2019 Saskatchewan’s Court of Appeal ruled that the carbon tax imposed on the Province by the federal government is constitutional and valid. The issue considered by the Court of Appeal was whether the federal government’s Greenhouse Gas Pollution Pricing Act(“GGPP Act”), is unconst…View the post titled Court of Appeal Confirms Federal Carbon Tax Constitutional
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