En mai, des tribunaux canadiens ont rendu leur décision dans deux affaires de contrôle judiciaire concernant la mise en œuvre de lois sur les espèces en péril. Ces décisions signalent une tendance vers une interprétation...more
Canadian courts released two judicial review decisions in May regarding the implementation of species at risk legislation, which indicate a trend towards a broad, expansive interpretation of such laws....more
As the COVID-19 crisis advances, compliance with environmental regulatory requirements will present challenges for businesses. Although environmental management systems that are designed to maintain regulatory compliance may...more
Environment and Climate Change Canada (ECCC) recently released proposed new Migratory Birds Regulations (Regulations), which will replace the existing regulations of the same name under the Migratory Birds Convention Act...more
In a recent ruling, the Federal Court of Canada (Court) confirmed the validity of an emergency order that impacts a private housing development in the suburbs of Montréal and the constitutional validity of the provision of...more
The British Columbia Environment Appeal Board (Board) recently ruled that a consultant who had acted as agent for one of the parties to an environmental appeal could not testify as an expert witness on behalf of that party. ...more
The British Columbia Provincial Court (Court) recently dismissed charges against a corporation brought under the Fisheries Act and the Environmental Management Act (EMA), based on a finding that there had been unreasonable...more
On October 30, 2017, amendments to the spill management regime that were made under the British Columbia Environmental Management Act (EMA) in 2016 will come into force. These amendments will implement a new spill reporting,...more
On June 17, 2016, the federal cabinet approved an emergency order (Order) for protection of the habitat of the Western Chorus Frog (Great Lakes/St. Lawrence-Canadian Shield population) in La Prairie, Quebec. This is the...more
Since the 2014 Mount Polley tailings dam breach, the British Columbia government has made numerous changes to its mining regulatory regime. The most recent amendments, some of which came into force late last week,...more
The British Columbia government is seeking further input on its proposed new regime for spill reporting, preparedness and response through the release of an intentions paper on April 5, 2016 and an open comment period until...more
Nearly two years after passing the Water Sustainability Act (WSA), the province of British Columbia has quietly brought it into force through the registration of five new regulations. Together, these implement a new regime...more
In a recent decision upholding an air permit amendment issued to Rio Tinto Alcan Inc. (Rio Tinto) for the expansion of its smelter in Kitimat, the British Columbia Environmental Appeal Board (Board) ruled on a number of key...more
While the federal government meets with world leaders at the 2015 United Nations Climate Change Conference in Paris, a number of provincial governments have introduced new policies and recommendations to reduce greenhouse gas...more
On July 30, 2015, the British Columbia government released four discussion papers for public comment outlining proposed new policies for regulations under the Water Sustainability Act. These papers are important as much of...more
On July 15, the British Columbia government announced a Level 4 drought rating for the South Coast and Lower Fraser areas of the province, which could lead to orders to temporarily reduce or cease water use and put rights...more
The recent decision of the British Columbia Supreme Court (Court) in Dolinsky v. Wingfield may allow those who have to clean up contamination on their lands to obtain those costs from the responsible parties before actually...more
In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the...more