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Published on: 7 Feb 2019 By

City of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries Act

On January 31, 2019, the Corporation of the City of Kawartha Lakes resolved charges laid against it under the Fisheries Act by entering into a “diversion agreement” which will see the charges withdrawn in exchange for the city taking the following actions: paying $75,000 to the Environmental…

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Published on: 21 Jan 2019 By

Ontario Environmental Review Tribunal Upholds Another Wind Turbine Approval

On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v.…

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Published on: 20 Dec 2018 By

“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers

In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…

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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: 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: 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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