COVID-19 – Impact on environmental compliance and due diligence
As these strange times continue to evolve, it is important to ensure that all companies whose operations raise environmental compliance issues try to think through and plan for what might happen in the coming weeks and perhaps months. In particular,...
Applying the reasonableness standard to Indigenous consultation requirements
Assessing the implications of Coldwater v. Trans Mountain on major resource project approvals in Canada On February 4, 2020, the Federal Court of Appeal released its decision in Coldwater v. Trans Mountain, 2020 FCA 34 (“Coldwater”), considering legal challenges to...
Episode 2: Construction Dirt – Where Does It Go and Who Regulates It
Listen to Episode 2 of Morning Commute with Miller Thomson. This Environmental episode examines the issues of excess soil and waste from construction projects in Ontario.
The BC Court of Appeal maintains a high bar for certifying environmental class actions
The BC Court of Appeal’s decision in Kirk v Executive Flight Centre et. al[1] striking out certification of an environmental class action illustrates the challenges in bringing environmental torts by way of class proceedings and specifically maintains a high bar...
Tamara Farber quoted in The Hamilton Spector
The Hamilton Spector, "Sewage disclosure motion hits snag"
A motion by councillors Maureen Wilson and Nrinder Nann to publicly release all confidential reports related to the Chedoke Creek sewage spill has hit a snag. According to city clerk Andrea Holland, “portions” of the motion, which is expected to land...
Indigenizing Impact Assessments?: New Legislation in Canada & BC
The next iteration of environmental impact assessments has arrived. Canada’s Impact Assessment Act[1] (IAA), the federal Physical Activities Regulation, and British Columbia’s Environmental Assessment Act[2] (EAA) make significant changes to how we measure a proposed project’s impacts. Both Acts include...
Penalty Creep: What is going on with Environmental Fines Across Canada?
In July of this year, a fine of $2.7 million was levied against Kirby Offshore Marine Operating LLC following its guilty plea for violations of the Fisheries Act involving a spill of diesel fuel and lubricants near Edge Reef in...
Ontario and Québec Governments to Regulate Movement of Soil
Large quantities of soil excavated in Canadian construction projects are relocated to other sites. Until now, the practice has been sporadically regulated by provincial governments. In 2019, both the Ontario and Québec governments are proceeding with new regulatory schemes that,...
Environmental Law and Construction Projects: Why Should You Care?
The scope of environmental regulation is broad and ever growing. One Ontario Court of Appeal judge famously asked in the midst of a case whether “MOE” stood for “Ministry of Everything?” It should not be surprising, therefore, that environmental law...
B.C. Court Denies Provincial Attempt to Regulate Shipments of Heavy Oil through Trans Mountain Pipeline Expansion Project
The B.C. Court of Appeal released its unanimous decision in Reference re Environmental Management Act (British Columbia) on May 24, 2019. A full sitting of the Court held that B.C.’s amendment to the Environmental Management Act (“EMA”) seeking to regulate...
