Canada’s clean energy future: Clean hydrogen tax credit recent developments
Canada continues to work toward a sustainable, low-carbon economy, using tax incentives to encourage investment in clean energy infrastructure. In the 2022 Federal Budget, the government announced that it would engage experts to establish investment tax credits (“ITCs”) focused on […]
Canada’s Modern Slavery Act: What businesses need to know now!
Overview The Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (Canada’s Modern Slavery Act or the “CMSA”) is set to come into force on January 1, 2024. […]
Secured creditors and environmental liabilities: The Qualex quagmire continues
The stakes in the appeal from a recent case in Alberta, Qualex-Landmark Towers Inc v 12-10 Capital Corp (“Qualex”) are rising with the recent decision of the Court of Appeal of Alberta granting leave to intervene to the Canadian Bankers […]
Where business and nature intersect: TNFD releases final draft of Nature-Related Risk Management and Disclosure Framework
In December 2022, the Parties to the UN Convention on Biodiversity (COP 15) met in Montréal to advance global action to address the ongoing loss of biodiversity. This meeting culminated in the adoption of the Kunming-Montreal Biodiversity Framework (the Global […]
Quebec publishes a second environmental regulatory omnibus
On February 22, 2023, building on a series of legislative and regulatory changes that have been enacted over the past two years, the Government of Quebec (“Government”) proposed amendments to 24 regulations covering a wide range of activities with potential […]
Out of charge: Do insurers and lenders hold the key to the mass adoption of electric vehicles?
In an effort to reach its stated goal of net-zero emissions across the country, the Government of Canada has plans to implement a ban on the sale of all gasoline-powered vehicles by 2035. In response, certain Ontario automotive assembly plants, […]
Is carbon capture a game changer for Canada’s climate change strategy: A practical primer for business
Introduction In 2020, Canada produced over half a billion tonnes of carbon dioxide (CO2) emissions from fossil fuels and industrial operations. The next year, the Canadian legislature passed the Canadian Net-Zero Emissions Accountability Act, which legally enshrined Canada’s commitment to […]
Net zero greenhouse gas (GHG) buildings in Quebec in record time
(Special thanks to Feriel Fatiha Djemame) 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 […]
Modernization of the Quebec Deposit-Refund and Curbside Collection Systems
On March 11, 2021, the Act to amend mainly the Environment Quality Act with respect to deposits and selective collection, S.Q. 2021, c. 5 (hereinafter the “Act”) was adopted. The Act introduced new provisions with the objective of replacing the […]
Ontario’s transition to Emissions Performance Standards (EPS) Program – December 15th pricing deadline fast approaching
Ontario’s Emissions Performance Standards (“EPS“) program began replacing the federal Output-Based Pricing System (“OBPS“) for greenhouse gas (“GHG“) emissions regulation on January 1, 2022. On October 22, 2021, Ontario amended two regulations under the Ontario Environmental Protection Act (“EPA“) in […]
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 […]
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 […]
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] […]
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 […]
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, […]
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 […]
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. […]
Episode 6: The role of an environmental expert in legal matters
Listen to Ep. 6 of Morning Commute with Miller Thomson. In this episode, we discuss the use of experts in an environmental law practice.
Episode 3: Mediating in the times of COVID-19 and beyond – Perspectives of the Miller Thomson Environmental Law Group
Listen to Episode 3 of Morning Commute with Miller Thomson. In this episode, we share tips and insights on how to be an effective advocate in online mediation.
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.
Appeal launched against Federal Court’s dismissal of youth climate change lawsuit
The Federal Court’s recent dismissal of a climate change lawsuit brought by a group of 15 Canadian youths has been appealed to the Federal Court of Appeal. In La Rose v Canada,[1]the Plaintiffs claimed against Her Majesty the Queen in […]
SCC upholds validity of federal government’s carbon pricing system
On March 25, 2021, the Supreme Court of Canada (“SCC”) released its decision in the Reference re Greenhouse Gas Pollution Pricing Act, upholding the constitutionality of the Greenhouse Gas Pollution Pricing Act (“GGPPA”). In a 6-3 split decision, the majority […]
New triggers requiring site disclosure statements: BC rolls out a new contaminated sites regime
Last month, amendments to British Columbia’s Environmental Management Act (“EMA”) and Contaminated Sites Regulation (“CSR”) came into force, altering how contaminated sites are identified in BC. When a site is classified as contaminated, it alerts the Ministry of Environment and Climate […]
( Available in French only )
Construction en milieux humides : quels sont les risques??
Journal Constructo – 18 janvier 2018 La protection des milieux humides et hydriques connaît un intérêt croissant depuis les dernières années et celle-ci peut avoir des incidences importantes pour la planification de tout projet de construction puisque tous travaux de […]
An Act respecting the acceleration of certain infrastructure projects (Quebec Bill 66)
I. Introduction The Government of Quebec presented, during the parliamentary session of September 23, 2020, new Bill 66 – An Act respecting the acceleration of certain infrastructure projects (“Bill 66”) which provides for various acceleration measures applicable to certain planned […]
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 […]
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 […]
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 […]
No Harm, No Nuisance – The Ontario Court of Appeal Lays Out What Will, and Will Not, Fly in Proving Nuisance: Smith v. Inco Limited
Introduction On October 7, 2011 the Ontario Court of Appeal released its decision in Smith v. Inco Limited, 2011 ONCA 628. The case was brought as a class proceeding by a number of residents of Port Colborne, Ontario who sought […]
Prosperity Mine Project Blocked by Federal Government
On November 2, 2010, the federal government announced a long-awaited decision not to approve Taseko’s controversial open-pit gold and copper mine in British Columbia, citing concerns that the project would have a significant adverse environmental effect. According to then federal […]
