Environment

Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims

This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.

Plan for the Ban: New Year, New Canadian Plastics Regulation Update

An update on recent Canadian developments related to plastics and extended producer responsibility

Cleaning Up Canada’s Auto-Emissions – Canada Announces New Manufacturer Sales Targets to Reach the 2035 Transition to 100% Zero-Emission Vehicles

Canada proposes new auto manufacturing targets for zero-emission vehicles beginning for 2026 year models.

Quebec Environmental Law : Overview of Key Developments to Follow in 2023

Environmental law has experienced a strong momentum in recent years and we expect that 2023 will be no exception. This short article presents some of the key developments to follow in this area in Quebec.

The Quick and Dirty on Amendments Impacting Low-Risk and Contaminated Projects Under Ontario’s Excess Soil Regulation

Phase Two of Ontario's Excess Soil Regulation which comes into force on January 1, 2023 was recently amended to narrow the scope of reporting requirements.

Developer Wins Case Against a Montreal Borough After it Refuses to Issue a Construction Permit in the Context of a Site Planning and Architectural Integration Program (SPAIP)

This bulletin discusses a recent decision in which the court found in favour of a developer who sued a borough in connection with an urban planning matter.

Reporting Issuers Need to be Factual and Balanced, Striving for Accurate and Comprehensive ESG reporting

The CSA cautions issuers against overly promotional "greenwashing" language in continuous disclosure in its biennial report - Staff Notice 51-364.

Surveying the Canadian Hydrogen Landscape: Recent Developments & Looking Forward

An update on recent Canadian developments in the Hydrogen industry

Squeaky “Clean”: Competition Bureau Combats Greenwashing

Competition law developments aimed at addressing "greenwashing" (misleading environmental claims), including increased scrutiny by the Bureau.

The Quick and Dirty on Ontario’s Proposed Amendments to the Excess Soil Regulation

Proposed amendments to Ontario's Excess Soil Regulation remove reuse planning requirements in low-risk projects and increase flexibility in excess soil storage.

Green or Grey: Regulators Target Greenwashing, Misleading Environmental, Social and Governance (ESG) Claims

An overview of risks and best practices for companies in relation to environmental, social and governance (“ESG”) claims and disclosure.

Plan for the Ban: Canada Proposes Plastic Labelling Rules and Federal Plastics Registry

Canada publishes two open consultation papers related to labeling regulations and a federal plastics registry for single-use plastics and plastic packaging.

Proposed National Flood Insurance Models for Canada: A Summary of the Recent Report from the Task Force on Flood Insurance and Relocation

A summary of the Government of Canada's recent report regarding the development of a national flood insurance program.

Are First Nation Shared Decision-Making and Collaboration Agreements Being Used Illegally?

What do non-treaty agreements mean for people or companies that may be affected by them.

Canada Catching Up on Regulation of PFAS Substances

An update on Canada's regulation of PFAS substances, in comparison to US and European regulation

Developers Beware: Changes to O. Reg. 242/08 Under the Endangered Species Act and What They Mean for Projects Already Underway

Companies may be affected by updated requirements under the Endangered Species Act, including prohibitions on harming new species at risk and related exemptions.

Plan for the Ban: Canada Announces Timeline for Single-Use Plastics Prohibition

Canada's final Single-use Plastics Prohibition Regulations have been published and come into effect on December 20, 2022

Canada’s Greenhouse Gas Offset Credit System Creates Green Incentives for Regulated Facilities (Update)

Canada has published the Greenhouse Gas Offset Credit System Regulations establishing a system for projects preventing or removing GHGs from the atmosphere.

Upcoming Changes to the B.C. Oil and Gas Royalty Framework

Oil and natural gas producers that access and develop publicly owned resources in BC must pay either a royalty or a freehold production tax to the Province.

OSFI’s Draft Guideline on Climate Risk Management Imposes New Disclosure Obligations on FRFIs

This bulletin summarizes OSFI's new draft guideline on climate risk management, paying particular attention to the disclosure requirements it imposes.

Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional

On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.

Official Plan for Toronto 2051 – The Future of Toronto’s Planning and Development

Information on Toronto's invitation for landowners, residents and other stakeholders in the development industry to have their say on the next official plan.

Drilling Down on Crypto: AER Cryptocurrency Mining Bulletin and Information Request

Alberta's Energy Regulator taking steps to better understand cryptocurrency mining operations occurring alongside AER-regulated operations.

Ontario Partially Suspends Implementation of Phase 2 of Excess Soil Regulation Until January 2023

On April 21, 2022, Ontario MECP announced temporary suspension of certain provisions in Excess Soil Regulation

Growth Funding Tools (“GFTs”) and the City of Toronto’s Recent Draft GFT By-laws

Growth Funding Tools (GFTs); City of Toronto publishes drafts of its new Development Charges, Community Benefits Charges, and Parkland Dedication By-laws

Transition to Emissions Performance Standards (EPS) Program Underway for Greenhouse Gas Emitters in Ontario

Ontario's greenhouse gas emissions regime is transitioning from the Output-Based Pricing System (OBPS) to the Emissions Performance Standards (EPS) program

Plan for the Ban: Canada Joins UN Countries in World’s First Global Plastic Pollution Treaty

Planning for the World’s First Global Plastic Pollution Treaty

Ontario Proposes to Postpone Implementation of Phase Two of the Excess Soil Regulation

Ministry proposes to delay implementation of Phase 2 of On-Site and Excess Soil Management Regulation from Jan. 1, 2022 to Jan. 1, 2023.

ESG in Canada: What We Learned in 2021 and Looking Ahead to 2022

In this rapidly evolving business environment, this report from McMillan’s ESG Initiative offers companies and business leaders in Canada an essential overview of ESG developments in regulations, laws and norms that have occurred over the last year.

BC’s Court of Appeal Wades into Fairy Creek

A discussion of the recent British Columbia Court of Appeal decision relating to the extension of an interlocutory injunction.

PropTech: Property Technology, the New Frontier in Real Property, Part 3: Challenges

In this bulletin, we discuss the risks and challenges of using PropTech by businesses in the real estate space and for consumers of such products.

Plan for the Ban: Our New Year’s Update of Single-Use Plastics Bans Across Canada

This bulletin provides an updated summary of the current state of single-use plastics legislation across Canada.

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

PropTech: Property Technology, the New Frontier in Real Property, Part 2: Benefits

In this bulletin, we discuss the benefits of using PropTech for businesses in the real estate space and for consumers of such products.

The Quick and Dirty on Phase Two of Ontario’s Excess Soil Regulation

Phase Two of Ontario’s On-Site and Excess Soil Management Regulation took effect on January 1, 2022 introducing a new framework for excess soil in Ontario

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

CSA Propose Standardized and Reinforced Climate-Related Disclosure — Primer on Proposed National Instrument NI 51-107 Disclosure of Climate-related Matters

McMillan Bulletin Proposed National Instrument 51-107 Disclosure of Climate-related Matters Canadian Securities Administrators Climate Change Disclosure

Major Canadian Banks Join Net-Zero Banking Alliance (NZBA) — Unpacking the Initiative and Net-Zero Commitments

On the eve of the 2021 United Nations Climate Change Conference, six of Canada’s largest banks announced they had signed on to the Net-Zero Banking Alliance.

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

The pitfalls associated with sustainability-linked bonds

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

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

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.

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.

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.

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

“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

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.

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.

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.

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.

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.

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

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.

ICMA Green Bond Principles Undergo Minor Facelift

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

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?

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.

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.

Opportunities for Canadian Biotech Companies on the Hong Kong Stock Exchange

Opportunities for Canadian Biotech Companies on the Hong Kong Stock Exchange

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.

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

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.

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.

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.

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.

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.

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.

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?

Canada Legally Commits to Net-Zero Emissions by 2050

Canada Legally Commits to Net-Zero Emissions by 2050

Cannabis and Waste: Another “Green” Opportunity

Cannabis and Waste: Another "Green" Opportunity

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.

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.

Expropriation of Contaminated Land and its Fair Market Valuation

Expropriation of Contaminated Land and its Fair Market Valuation

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

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

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.

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.

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.

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.

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.

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.

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

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.

Project Management Amid COVID-19 – The Triage

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

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

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.

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

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

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.

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

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

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

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

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

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