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  • Article

    BC Court Of Appeal: First Nations Can Bring Tort Claims For Harm To Asserted Rights

    On April 15, 2015 the British Columbia Court of Appeal ("BCCA") released Saik'uz First Nation v Rio Tinto Alcan Inc. ("Saik'uz").
    CanadaGovernment, Public Sector
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Plastics In The Spotlight Part 2

    Since we wrote about "Plastics in the Spotlight", there have been further developments in Canada. The Philippines shipment has been returned to Canada
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    COP21 And The New Reality Of Ontario's Cap-And-Trade Vision

    The 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21) is fast approaching (November 30 to December 11, 2015).
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Feds Imposing New Environmental Enforcement Act Fines Against Dry Cleaners

    Environment Canada wasted no time in using its new regulatory powers under the Environmental Enforcement Act. Dry cleaners across Canada were shocked to learn that a dry cleaning business was fined $60,000 for offences under the Canadian Environmental Protection Act, 1999.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    New Changes To Canada's Environmental Emergency Regulations

    The new Environmental Emergency Regulations, 2019 ("New Regulations"), enacted under the Canadian Environmental Protection Act, 1999, came into force on August 24, 2019.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Significant Amendments To The Canadian Environmental Protection Act Proposed

    On April 13, 2021, Bill C-28 – Strengthening Environmental Protection for a Healthier Canada Act was introduced in the House of Commons. Among other things, the Bill proposes amendments to the Canadian Environmental Protection Act, 1999.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Like Oil And Water: Courts Struggle To Mix Bankruptcy And Environmental Law – SCC To Hear Redwater Appeal

    The Supreme Court of Canada (SCC) granted leave to hear the appeal of Orphan Well Association v Grant Thornton Limited.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Behind The Mask: Canada Intends To Disclose The Identity Of Masked Substances

    Environment and Climate Change Canada ("ECCC") intends to unmask the identity of up to 24 masked substances listed on the Domestic Substances List ("DSL").
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Feds Imposing New "Environmental Enforcement Act" Fines Against Dry Cleaners

    Environment Canada wasted no time in using its new regulatory powers under the Environmental Enforcement Act.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Supreme Court Clarifies Provincial Aboriginal Consultation Responsibilities When Issuing Resource Permits In "Keewatin" And Applies "Tsilqot’in" Infringement Test

    The Supreme Court of Canada’s recent decision in Grassy Narrows First Nation v Ontario (Natural Resources) underscores once again the Crown’s duty to consult.
    CanadaGovernment, Public Sector
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    2030 Federal GHG Emissions Reduction Plan & Funding Commitments

    On March 29, 2022, the federal government issued the first carbon Emissions Reduction Plan (2030 Plan) under the Canadian Net-Zero Emissions Accountability Act.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Toward The Creation Of A Canada Water Agency Environment And Climate Change Canada Seeks Comments On Discussion Paper

    On December 17, 2020, the Minister of Environment and Climate Change and the Minister of Agriculture and Agri-Food announced the launch of public consultations to establish a new Canada Water Agency
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    In The Arg Devco Case The OMB Wades Into Brownfields Legislative Jurisdiction

    Proponent working since 2014 to fulfill OMB condition of subdivision approval that requires it to file a Record of Site Condition.
    CanadaReal Estate and Construction
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    MOECC's Policy Review On Air Pollution, Fracking, Spills And Waste Diversion

    Past EBR-mandated reviews have resulted in significant changes in the way MOECC administers key environmental statutes and regulations.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Ontario Calls It Quits: Implications Of Ontario's Decision To Cancel Cap-And-Trade

    The Ontario government has committed to ending the cap and trade program in Ontario, fulfilling a campaign pledge made by Premier Ford earlier this year.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Ontario Court Of Appeal Finds That Worsening GHG Emissions Tip The Scales In Favour Of Section 91 POGG Powers

    On August 28, 2019, the Government of Ontario filed its appeal of the June 28, 2019 Ontario Court of Appeal decision in the constitutional reference about the Federal Greenhouse Gas Pollution Pricing
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Big Fish, Small Fish; Big Fine, Small Fine – Recent Penalties Under Canada's Fisheries Act

    Environmental offences are typically punishable by fine; however fines can vary, even under a single statute. Canada's Fisheries Act1 prevents any person from undertaking work or activity
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Environment Minister Releases CEAA 2012 Decision Statement On Jackpine Mine Expansion

    The Federal Environment Minister issued a Decision Statement – the first made under the new Canadian Environmental Assessment Act, 2012 (CEAA 2012) – on the proposed Jackpine Mine Expansion Project on December 6, 2013.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Linking Environmental Exposure To Illness In Human Health Claims

    Injured individuals seeking to prove in Court a health claim that arises from an environmental exposure can experience evidentiary challenges.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Limited Partnerships – Dangers For Unwary Limited Partners

    Limited Partnerships are unique investment vehicles that provide investors with certain benefits attributable to partnerships and corporate entities.
    CanadaCorporate/Commercial Law
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP

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