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Published on: 18 Dec 2018 By

Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution

The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines.[1] A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…

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Published on: 14 Dec 2018 By

Nova Scotia Supreme Court Grants Application for Judicial Review Concerning Provincial Funding for Effluent Treatment Facility

The Supreme Court of Nova Scotia has recently granted an application for judicial review relating to potential Crown funding for the construction of a new effluent treatment facility at Boat Harbour, Pictou County, Nova Scotia (the “Project”). In Pictou Landing First Nation v. Nova Scotia (A…

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Published on: 12 Dec 2018 By

Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional

UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Re…

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Published on: 6 Dec 2018 By

The 24th Conference of the Parties (COP24) Convenes in Katowice, Poland

On December 2, 2018, delegates from almost 200 nations convened in Katowice, Poland for the 24th Conference of the Parties (COP24) to the United Nations Framework Convention on Climate Change (UNFCCC). The COP24, also known as the United Nations Climate Change Conference, Katowice, Poland, 2…

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Published on: 6 Dec 2018 By

New Municipal Resources on Ontario's Drinking Water Source Protection Program

Conservation Ontario, a non-profit association that represents Ontario’s 36 Conservation Authorities, has released new resources for municipal councillors and staff on Ontario’s Drinking Water Source Protection Program. The Drinking Water Source Protection Program was implemented pursu…

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Published on: 27 Nov 2018 By

2018 Environmental Commissioner of Ontario Annual Report

The Environmental Commissioner of Ontario (“ECO”) released her office’s 2018 Annual Report, titled, “Back to Basics: Respecting the Public’s Voice on the Environment” on November 13, 2018.[1] The Report is published in four volumes, spanning 339 pages. Volume 1 reports on government ministri…

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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 light trucks was levied by the government to supp…

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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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