Recent developments surrounding Ontario’s proposed Clean Energy Credit (CEC) registry
On January 26, 2022, the Ontario government announced its intention to develop a voluntary Clean Energy Credit (“CEC”) registry and directed the Independent Electricity System Operator (“IESO”) to draft a report on the registry’s proposed design. Since then, the IESO...
The right to a healthy environment gains global (and some Canadian) traction
By the end of 2019, more than 80 percent of United Nations (“UN”) Member States recognized the right to a healthy environment in law, with more than 110 countries recognizing the right to a healthy environment in their national Constitutions.[1]...
Proposed transportation of dangerous goods Canadian registration list
Transport Canada (“TC”) recently proposed amendments to the Transportation of Dangerous Goods Regulations (Canada) (“TDGR”), which would require any person who imports, offers for transport, handles or transports dangerous goods to register in a new online database and to provide...
Extreme weather events may give cause to rethink environmental due diligence systems
A recent heavy storm in Southern Ontario (labelled a “Derecho” by our meteorologists) caused extensive property damage over a wide swath of some of the most densely populated areas of the country. It served as yet another reminder of climate...
BC Court of Appeal allows recovery of legal fees as remediation costs
Introduction Last year, the British Columbia Court of Appeal (“BCCA”) rendered its decision in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, providing that legal costs reasonably incurred in connection with the remediation of a...
Injunctive relief as a remedy for ongoing contamination: Ward v. Cariboo Regional District
On July 30, 2021, the British Columbia Supreme Court released reasons for judgment in Ward v. Cariboo Regional District, 2021 BCSC 1495, shedding light on the wide breadth of injunctive relief available in circumstances of ongoing environmental contamination.[1] The decision...
Environmental Law 2021: Trends & Developments
Bryan Buttigieg, Adina Georgescu, Darin Hannaford and Christie McLeod co-author the Trends & Developments – Canada chapter in the Chambers and Partners Environmental Law 2021 Global Practice Guide. The chapter highlights current national developments on trending topics like climate change,...
When Environmental Consultants’ Reports Trigger Litigation Time Limits
Canadian Consulting Engineer – Digital Edition Bryan Buttigieg’s article is published in the most recent edition of the Canadian Consulting Engineer (pages 20-21). The intersection of legal and engineering issues is quite evident in the context of environmental site investigation...
The importance of consultation with First Nations, progressive reclamation and increased reclamation security for amended permits in the mining industry
The BC Supreme Court recently cast light on issues regarding British Columbia mining operations on First Nation’s territory in Ignace v. British Columbia (Chief Inspector of Mines), 2021 BCSC 1989. Miller Thomson was counsel in Ignace challenging the permit amendment....
Quebec energy transition – an accelerated approach
On April 7, 2016, the Government of Quebec (the “Government”) released the 2030 Energy Policy (the “Policy”),[1] which sets out Quebec’s goal of becoming a North American leader in energy efficiency and renewable energy by 2030. Accordingly, on November 16,...
