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Published on: 22 Nov 2018 By

Government “Eco Fees” on New Tires Eliminated

If you recently purchased winter tires in Ontario you may have noticed that the government “eco-fees” charged on the purchase of new tires was eliminated as of October 1, 2018. The fee, which was approximately $3.30 per tire for passenger and luck trucks was levied by the government to suppo…

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Published on: 20 Nov 2018 By

Federal Court Scheduled to Hear Application for Judicial Review in David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al.

This week, the Federal Court of Canada is scheduled to hear oral arguments in the case of David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al, T-1071-16 (“Suzuki Foundation”). Suzuki Foundation is an application for judicial review brought by the David Suzuk…

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Published on: 15 Nov 2018 By

Environmental Bill of Rights “Leave to Appeal” Test Remains a Significant Hurdle to ECA Appeals

The Environmental Review Tribunal (“ERT” or “Tribunal”) released a decision in Freshway Investments Inc. v. Ontario (MECP) on November 5, 2018 denying an application for leave to appeal an Environmental Compliance Approval (“ECA”) for a Waste Disposal Site in York Region, Ontario (the “Site”…

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Published on: 12 Nov 2018 By

Federal Environmental Assessment and Land Use Planning: Interjurisdictional Issues

The Ontario Superior Court of Justice has released a decision which demonstrate that the relationship between environmental assessments and land use planning remains as complex as ever, especially when interjurisdictional issues are involved. The October 29, 2018 decision in Halton v. CNR, 2…

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Published on: 8 Nov 2018 By

Canada and China Sign Memorandum of Understanding Regarding Climate Change Cooperation

On November 1, 2018, at the United Nations Ministerial Dialogue on the Environment and the Ministerial Dialogue on Climate Change, Minister of Environment and Climate Change, Catherine McKenna, and the Minister of Ecology and Environment of the People’s Republic of China, Li Ganjie, signed a…

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Published on: 5 Nov 2018 By

The Rise of Citizen Lawsuits for Environmental Change

Urgenda Foundation v Kingdom of the Netherlands Recently, on October 9, 2018, The Hague Court of Appeal made an unprecedented ruling in finding that the preservation of a stable climate system is a fundamental human right and ordered the Dutch government to meet its commitment of reducing it…

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Published on: 29 Oct 2018 By

A Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35

On October 11, 2018, the Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 [Mikisew], in which the Court held that the Federal Government does not have a duty under s.35 of the Constitution Act, 1982 to consult Abo…

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Published on: 24 Oct 2018 By

Environmental Assessments no longer necessary?

In May 2017 the Canadian Centre for Policy Alternatives reported the existence of approximately 16 dams located throughout northern British Colombia constructed without the proper regulatory approvals. The dams were allegedly constructed by Progress Energy, a wholly owned subsidiary of Petro…

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