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Published on: 21 Sep 2018 By

Environmental Review Tribunal Clarifies Section 34(1) of OWRA

The Environmental Review Tribunal (“ERT”) recently released a decision clarifying the scope of section 34(1) of the Ontario Water Resources Act R.S.O. 1990, c. O.40, (“OWRA”). The City of Thunder Bay (“City”) in Thunder Bay (City) v. Ontario (Environment, Conservation and Parks), ERT no. 18-…

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Published on: 27 Oct 2014 By (Dianne Saxe)

Chevron intervention: what is the “public interest”?

The Canadian Bar Association (CBA) has been engaged in a fierce internal debate over the Association’s decision, now revoked, to intervene in Chevron’s appeal to the Supreme Court. The Ecuadorian plaintiffs in the case are seeking to enforce a $9.5 billion judgment obtained in Ecuador for te…

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Published on: 17 Sep 2013 By (Dianne Saxe)

New guidance on a tough issue: Aboriginal Consultation and Renewable Energy

Ontario’s “Aboriginal Consultation Guide for Preparing a Renewable Energy Approval (REA) Application” which provides guidance and direction on the Aboriginal consultation requirements for renewable energy projects under Ontario Regulation 359/09 under the Environmental Protection Act w…

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Published on: 21 Mar 2012 By (Dianne Saxe)

Is public consultation a political activity forbidden to charities?

With the launch of Conservative Senator Nicole Eaton’s inquiry into the “Involvement of Foreign Foundations in Canada’s Domestic Affairs”, increased scrutiny is being focused on the activities of Canada’s charitable environmental groups. In particular, is participating in public consultation…

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Published on: 11 Nov 2009 By (Dianne Saxe)

Aboriginal consultation and renewable energy approvals

In order to implement the Green Energy Act, Ontario has recently adopted O. Reg. 359/09, to set up a new regime for accelerated approvals of renewable energy projects  (wind, solar, anaerobic digestion and biomass combustion). One key element of the new  regime is a six month “service guaran…

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