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Currently, the world’s carbon footprint is top-of-mind, making environmental protection regulation front-page news. Companies that do not demonstrate compliance with environmental policy and regulation can find their reputations questioned and business operations hindered. Organizations discovered—or even perceived—to be skirting environmental laws will be thrown into automatic defence mode against the public, employees and stakeholders. Across industries, Canadian companies turn to McMillan’s environmental lawyers for on-point strategic counsel on how to navigate ecological regulations while operating profitably and forging new ground.

Globally, countries are challenged to grow their resource sectors and economy, while remaining in compliance with consistently evolving environmental regulations. McMillan’s corporate environmental lawyers help clients comply with the full range of international, federal, territorial, provincial and local environmental laws and programs while bringing new products to market that foster the economy. Our lawyers provide timely, expert advice on a wide variety of environmental aspects impacting business, with expertise in climate change and carbon trading, as well as the mining, energy, oil and gas, and infrastructure sectors.

At McMillan, we combine our legal experience with industry-specific expertise to quickly understand the issues clients face and provide counsel that meets their business objectives. And when clients’ practices are called into question, we help them mount robust defences in environmental hearings and prosecutions for infractions of relevant legislation.

Experienced in environmental policy and regulation, McMillan’s environmental lawyers help clients lead by:

  • Assisting with meeting emission standards and obtaining permits and approvals, due diligence audits, officers’ and directors’ liabilities, and spills and spill reporting
  • Advising on environmental liabilities and property investigations in the context of mergers and acquisitions, and financings
  • Negotiating agreements with private parties and governmental authorities involving the transfer or allocation of environmental risks, site remediation and compliance with regulatory requirements, and brownfield sales, purchases and development

Primary Contacts

View All Contacts
Ralph Cuervo-Lorens
Partner, Environment | Litigation & Dispute Resolution
Talia Gordner
Partner, Environment | Corporate Commercial Litigation

Deals and Cases

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Related Expertise

INSIGHTS (64 Posts)

Featured Insight

Divisional Court confirms Environmental Significance of Ministerial Zoning Orders and Importance of Consultation under the Environmental Bill of Rights, 1993

Review of Divisional Court decision: Ontario’s compliance with Environmental Bill of Rights in passing Bill 197, particularly re: Ministerial Zoning Orders

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Sep 13, 2021
Featured Insight

The pitfalls associated with sustainability-linked bonds

Short article on the pitfalls associated with sustainability-linked bonds.

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Sep 8, 2021
Featured Insight

Evidence of ESG in the Construction and Development Industry

An overview of ESG initiatives in Construction & Development; key information for those looking to implement their own ESG strategies

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Aug 18, 2021
Featured Insight

Canadians Heading to the Polls in a Federal Election. Is your Business Ready to Comply with the Canada Elections Act and Lobbying Act during the Campaign?

During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.

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Aug 16, 2021
Featured Insight

Leveling the Playing Field:
EU First Out of the Gate with Proposed Carbon Border Adjustment Mechanism

The European Commission announced its official proposal for a Carbon Border Adjustment Mechanism on July 14, 2021.

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Aug 11, 2021
Featured Insight

Canada Makes Changes to Cross-border Hazardous Waste and Recycling Requirements

On February 26, 2021, Canada enacted the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations.

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Aug 4, 2021
Featured Insight

Plan for the Ban:
Plastics Classified as “Toxic Substance”
Under Canadian Environmental Protection Act

Plastics are classified under the Canadian Environmental Protection Act as a toxic substance and amendments are proposed to prohibit the export of plastic waste

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Jul 20, 2021
Featured Insight

“Say on Climate” — Key Considerations in Implementing Shareholder Votes on Climate

Shareholder engagement on climate-related matters continues to grow across the globe, including Canada, these issues are a key focus area for public companies

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Jul 16, 2021
Featured Insight

Hazardous and Special Products Are Next In Line in Ontario’s Transition to a Producer Responsibility Model for Consumer Products

Ontario shifts end-of-life financial and operational responsibilities for hazardous and special products from municipalities to producers.

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Jul 14, 2021
Featured Insight

Canada’s new mandatory 100% ZEV target is a rapid charge forward.
What we think this announcement means for OEMs, Canadian industry, and more

Canada has announced a mandatory 2035 target for 100% ZEV sales. McMillan and McMillan Vantage Policy Group share what this may mean for OEMs, industry and more.

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Jul 12, 2021
Featured Insight

Greening Canadian Borders – Canada Considers Border Carbon Adjustments for Carbon-Intensive Imports

Border Carbon Adjustments are being explored by various countries including Canada in its 2021 Budget to support climate change initiatives.

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Jul 6, 2021
Featured Insight

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

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Jun 30, 2021
Featured Insight

An International Overview of Existing Climate-Related Insurance Initiatives: Finding the Right Path for Canada

Part of our ESG initiative, this article summarizes existing climate-related insurance initiatives and suggests programs that may be most successful in Canada.

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Jun 30, 2021
Featured Insight

Striking a Balance Between Major Facility and Sensitive Land Use Developments: A Discussion of Ontario’s New Land Use Compatibility Guideline

The Ontario Ministry of the Environment, Conservation and Parks has published the Land Use Compatibility Guideline to establish land use compatibility policies

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Jun 30, 2021
Featured Insight

Land Use Compatibility, Odour Guidelines and More: Ontario Ministry of Environment, Conservation and Parks Announces Four New Proposals for 2021

The Ontario government has announced that it is moving forward with proposals for four new initiatives relating to the protection of Ontario's environment.

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Jun 21, 2021
Featured Insight

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

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Jun 17, 2021
Featured Insight

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?

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Jun 15, 2021
Featured Insight

Charging Ahead: Alberta and Saskatchewan Joining Forces with Ontario and New Brunswick on Small Modular Reactors

Update on developments in nuclear energy and small modular nuclear reactors in Canada, including the memorandum of understanding that was recently signed.

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May 26, 2021
Featured Insight

Primer on Canadian Federal and Provincial Cleantech Funding Programs

Across Canada, entrepreneurs are striving to develop technologies to reduce greenhouse gas emissions, improve environmental sustainability, and provide other climate-related solutions to the domestic and international markets.

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May 25, 2021
Featured Insight

Opportunities for Canadian Biotech Companies on the Hong Kong Stock Exchange

Opportunities for Canadian Biotech Companies on the Hong Kong Stock Exchange

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May 18, 2021
Featured Insight

The Canadian Capital Market is Psyched: An Update on the Growing Wave in the Psychedelics Industry

This bulletin provides an overview of the regulations surrounding psychedelics in Canada and psychedelics companies in the Canadian capital markets.

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May 12, 2021
Featured Insight

Ontario’s New Excess Soil Regulations – Construction Contract Implications

Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts

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May 5, 2021
Featured Insight

Significant Changes to Canada’s Federal Environmental Protection Regime Proposed

The government of Canada is proposing significant changes to the Canadian Environmental Protection Act, 1999 through the introduction of Bill C-28.

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Apr 28, 2021
Featured Insight

Road to Zero: Parliamentary Standing Committee Calls for Canada to Implement ZEV Standard

A report released by a Committee of Canada’s Parliament includes 13 recommendations to encourage the production and purchase of ZEVs in Canada.

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Apr 27, 2021
Featured Insight

Canada’s Federal Greenhouse Gas Offset Credit System Creates Green Incentives for Regulated Facilities

Publication of Greenhouse Gas Offset Credit System Regulations under section 195 of the Greenhouse Gas Pollution Pricing Act.

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Apr 7, 2021
Featured Insight

Supreme Court of Canada Upholds Federal Carbon Pricing Regime

In a decision released March 25, 2021, the Supreme Court of Canada ruled that the Greenhouse Gas Pollution Pricing Act is constitutional.

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Mar 29, 2021
Featured Insight

Fueling the Future: Canada’s Plan to Reduce Greenhouse Gas Emissions under the Clean Fuel Regulations

The federal government's proposed Clean Fuel Regulations will require the gradual reduction in the carbon intensity of fossil fuels supplied in Canada.

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Mar 26, 2021
Featured Insight

There Must be Something in the Water. Let’s Talk Hydrogen.

Please join us for an engaging panel discussion with experts and thought leaders from the political, academia, legal and business sectors to discuss the national hydrogen strategy.

Details
February 9, 2021 - 1:00 pm to 2:30 pm EST
Featured Insight

The Quick and Dirty on Ontario’s New Excess Soil Regulations

A concise summary of Ontario's new excess soil regulation (O.Reg 406/19) and key takeaways for affected parties.

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Jan 25, 2021
Featured Insight

McMillan’s Automotive Industry Webinar Series – Part Two (February 9, 2021)

Join us for Part Two of McMillan's Automotive Industry Webinar Series

Details
February 9, 2021 - 1:00 pm to 2:30 pm ET
Featured Insight

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

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Dec 23, 2020
Featured Insight

Canada Legally Commits to Net-Zero Emissions by 2050

Canada Legally Commits to Net-Zero Emissions by 2050

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Dec 7, 2020
Featured Insight

McMillan’s Automotive Industry Webinar Series – Part One

Join us for McMillan’s Two Part Automotive Industry Webinar Series, and hear from speakers from Transport Canada, McMillan Vantage, and McMillan LLP on policy points, legislative updates, regulatory issues, and other important developments spanning the industry.

Details
December 2, 2020 - 1:00 pm to 2:30 pm ET
Featured Insight

Cannabis and Waste: Another “Green” Opportunity

Cannabis and Waste: Another "Green" Opportunity

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Nov 27, 2020
Featured Insight

Ontario’s New Blue Box Regulations Shift Consumer Product End-of-life Responsibilities to Producers

Ontario's proposed regulation would transition the current Blue Box Program to an extended producer responsibility ("EPR") model.

Read More
Nov 10, 2020
Featured Insight

No Compensable Loss? No Class Action – Maginnis v FCA Canada

This bulletin discusses the decision in Maginnis v FCA Canada, where the court refused to certify an automotive class action for a lack of compensable loss.

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Nov 5, 2020
Featured Insight

Expropriation of Contaminated Land and its Fair Market Valuation

Expropriation of Contaminated Land and its Fair Market Valuation

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Oct 5, 2020
Featured Insight

Federal Government Accepts Ontario’s Emissions Performance Standards (EPS) Program for Regulation of Greenhouse Gas Emissions – Transition Dates to Come

Ontario Minister of Environment, Parks and Conservation announced that its Emissions Performance Standards (EPS) program has been accepted by federal government

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Sep 21, 2020
Featured Insight

Plan for the Ban: Single-Use Plastics Bans Are Rolling Out Across Canada – Are you ready?

Single-use plastics ban in Canada (federal, provincial and municipal) means businesses will have to change how they package, distribute and sell their products

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Sep 18, 2020
Featured Insight

Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

Read More
Sep 10, 2020
Featured Insight

Alberta’s New Liability Management Framework: A Teaser of What’s Coming

Government of Alberta announces changes to the regulatory regime that governs oil and gas liabilities.

Read More
Aug 4, 2020
Featured Insight

Bill 31 – Environmental Protection Statutes Amendment Act Passed and In Force – Cutting Red Tape and Returning Discretion to Alberta Environment and Parks

Overview of Alberta's Bill 31- Passed on July 23, 2020: amending statutory definitions of minerals and clarify treatment of silica sand.

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Aug 4, 2020
Featured Insight

July 24, 2020 Update Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

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Jul 24, 2020
Featured Insight

Implementing New NAFTA: Agreement on Everything Except the Name!

This article identifies key sectoral and other changes to the NAFTA, which will come into effect on July 1, 2020 through the implementation of the CUSMA.

Read More
Jun 24, 2020
Featured Insight

Making B.C. an Emerging Economy Leader

Review of the BC Emerging Economy Task Force Report and how BC companies can position themselves to take advantage of the emerging economy of the future.

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Jun 23, 2020
Featured Insight

Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing

How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices

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Jun 11, 2020
Featured Insight

Alberta Government Passes Bill 12, Liabilities Management Statutes Amendment Act, 2020 – What You Need to Know

What you need to know about the Alberta Government's Bill 12 in relation to Liabilities Management Statutes Amendment Act, 2020.

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Apr 21, 2020
Featured Insight

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

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Apr 8, 2020
Featured Insight

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

Read More
Apr 3, 2020
Featured Insight

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

Read More
Mar 29, 2020
Featured Insight

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

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Mar 20, 2020
Featured Insight

Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies

In its 5-4 decision in Nevsun Resources Ltd., the Supreme Court of Canada has given Canadian courts the green light to develop new forms of civil liability.

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Mar 2, 2020
Featured Insight

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

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Feb 27, 2020
Featured Insight

Court of Appeal Holds Duty to Consult Does Not Apply to Statutory Interpretation

Court of Appeal Holds Duty to Consult Does Not Apply to Statutory Interpretation

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Jan 6, 2020
Featured Insight

Expropriation of Contaminated Land: a Tug-of-War of Competing Interests in the “Fair Market” Valuation

A standard determination of the market value of expropriated property can be a contentious, drawn out process where the property is environmentally contaminated

Read More
Aug 21, 2019
Featured Insight

Ontario Announces Next Steps in Plan to Shift Costs of Plastic Recycling to Producers

Ontario Announces Next Steps in Plan to Shift Costs of Plastic Recycling to Producers

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Aug 16, 2019
Featured Insight

Applying the Nairobi International Convention in Canada: The Wrecked, Abandoned and Hazardous Vessels Act (Canada)

The International Convention on the Removal of Wrecks, 2007 will come into force in Canada under the Wrecked, Abandoned and Hazardous Vessels Act on Jul 30 2019

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Jun 7, 2019
Featured Insight

Environmental Obligations Cannot be Ignored Even in Bankruptcy: Orphan Wells Association v Grant Thornton Ltd.

Environmental Obligations Cannot be Ignored Even in Bankruptcy

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Feb 22, 2019
Featured Insight

Federal Government Wants Provinces Riding Shotgun for ZEV Sales Targets

Federal Min of Transport requests support for federal plan for non-combustion-powered or "zero-emission" vehicles make up 10% of Canadian vehicle sales by 2025

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Feb 6, 2019
Featured Insight

Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act

An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.

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Feb 14, 2018
Featured Insight

Winter is coming – and so is Ontario’s New Construction Act

Winter is coming – and so is Ontario's new Construction Act

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Dec 19, 2017
Featured Insight

Duty to Consult does not Apply to all Aboriginal Concerns

Duty to Consult does not Apply to all Aboriginal Concerns

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Apr 17, 2017
Featured Insight

Equivalency Agreements, Environmental Assessment and Aboriginal Consultation – Implications of Coastal First Nations v. British Columbia (Environment)

Equivalency Agreements, Environmental Assessment and Aboriginal Consultation – Implications of Coastal First Nations v. British Columbia (Environment)

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Jan 20, 2016
Featured Insight

What do the Recent Site C Decisions Mean for Major Projects in British Columbia?

What do the Recent Site C Decisions Mean for Major Projects in British Columbia?

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Sep 30, 2015