Archives: Regulatory

Subscribe to Regulatory RSS Feed

Cap & Trade 2.0: California Fine Tunes and Extends Cap & Trade Program to 2030

On July 17, 2017, the California legislature passed legislation to extend the state’s cap-and-trade program to 2030 (the program was originally set to expire in 2020). Bill AB 398 received broad bi-partisan support and was passed with a two-thirds majority vote, which is the threshold required to pass tax laws in California. With a super-majority … Continue Reading

Clarifying the Role of Regulatory Tribunals in Consultation – Canada’s Highest Court Releases Two Key Aboriginal Consultation Decisions

On July 26, 2017, the Supreme Court of Canada (SCC) released its decisions in Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), et al. and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al. These appeals, which were heard on November 30, 2016 and previously discussed here, relate to … Continue Reading

From Commitment to Action: New Proposed Regulations to Reduce Emissions in Canada’s Oil and Gas Industry

On May 27, 2017, the federal government published the proposed Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) (the Proposed Regulations) in the Canada Gazette Part I. The Proposed Regulations are designed to meet the federal government’s domestic (under the Pan-Canadian Framework on Clean Growth … Continue Reading

To Regulate or Not to Regulate: BC Environmental Appeal Board Confirms that Provincial and Municipal Laws Designed to Regulate Air Emissions Do Not Impede on Federal Jurisdiction

A decision released by the British Columbia Environmental Appeal Board (EAB) on May 12, 2017 has clarified the relationship between federal lands and provincial environmental legislation and confirmed Metro Vancouver’s jurisdiction to regulate air contaminants from a facility located on federal lands. Decision Nos. 2016-EMA-175(b) & 2016-EMA-G08 addressed  the constitutional question raised by Harvest Fraser … Continue Reading

Giving the Coast a Wide Berth: Federal Government Introduces Proposed Oil Tanker Moratorium Act

On May 12, 2017, the federal Minister of Transport introduced Bill C-48 into Parliament. Bill C-48, also known as the Oil Tanker Moratorium Act (the Act), seeks to implement the proposed moratorium on crude oil tankers on the northern part of British Columbia’s (BC) coast that was announced by the federal government in November 2016. … Continue Reading

Changes to Canada’s environmental emergency regulations are coming in 2017

The Environmental Emergency Regulations (the “Current Regulations”) under the Canadian Environmental Protection Act, 1999 (“CEPA”) aim to enhance the protection of the environment and human health in environmental emergency situations by promoting prevention and ensuring preparedness, response and recovery.[1] They require companies or persons who own or manage specified toxic and hazardous substances at or … Continue Reading

Compliance with Flexibility: Ontario Releases Regulatory Proposal for Offset Credits under Cap-and-Trade Program

As Ontario puts the finishing touches on its cap-and-trade program, which will commence on January 1, 2017, the Ministry of Environment and Climate Change (MOECC) has released its Compliance Offset Credits Regulatory Proposal (the Regulatory Proposal) for a 45-day public comment period that will end on December 30, 2016.  Under the cap-and-trade program, capped facilities … Continue Reading

The Protection of Species At Risk and Social and Economic Interests: Case Comment on The Ontario Court of Appeal’s Decision in Wildlands League v. Ontario (Natural Resources and Forestry)

On October 11, 2016, the Ontario Court of Appeal (“Court”) released its decision in the Wildlands League v. Ontario (Natural Resources and Forestry) case.[1] The decision provides helpful commentary and guidance on the interpretation of the Ontario Endangered Species Act, 2007 (“Act”).[2] The Court dismissed the appeal and recognized that the protection of species at … Continue Reading

R. v. Jordan – The Supreme Court of Canada Dramatically Alters the Framework Applicable to the Right to a Criminal Trial Within a Reasonable Time

For decades members of the judiciary have publicly raised concerns about the swelling length and complexity of criminal cases. In October 2005, Justice Michael Moldaver, then of the Ontario Court of Appeal, stated: Am I worried? You bet I am. Long criminal trials are a cancer on our criminal justice system and they pose a … Continue Reading

Contaminated Site Update: Rough and Ready Allocation of Liability

On May 5, 2016, the Supreme Court of British Columbia released its decision in Domovitch v. Willows, 2016 BCSC 1068 (CanLII) in which the court allocated liability amongst a number of “responsible persons” under the Contaminated Sites provisions of the B.C. Environmental Management Act, S.B.C. 2003, c. 53 (the “EMA”). Despite the reasons for judgment … Continue Reading

And So it Begins – Federal Government Launches Review of Environmental and Regulatory Processes

On June 20, 2016, the Federal Government launched a comprehensive review of four key environmental and regulatory processes, namely: The federal environmental assessment processes under the Canadian Environmental Assessment Act, 2012 (CEAA 2012); The National Energy Board (NEB); The Fisheries Act; and The Navigation Protection Act.… Continue Reading

The Quebec Government introduces its Bill to Modernize the Environmental Authorization Scheme

On June 7, 2016, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change, Mr. David Heurtel (the “Minister“), introduced Bill 102[1] at the Quebec National Assembly, which aims at modernizing the environmental authorization scheme established by the Environment Quality Act. If adopted in its current form, this bill could have important … Continue Reading

First Phase of Water Sustainability Act Comes into Force

The British Columbia Government has finally brought into effect portions of the long awaited Water Sustainability Act (WSA). The WSA, which was passed by the British Columbia Legislature in April 2014, came into effect on February 29, 2016. The WSA replaces many parts of the old Water Act and creates a new regulatory regime for … Continue Reading

Seeking Transparency: Ontario introduces Climate Change Mitigation and Low Carbon Economy Act

In a bid to provide greater visibility to the public around the use of proceeds from Ontario’s planned cap-and-trade program, the provincial government introduced legislation on February 24, 2016 to ensure that such proceeds are transparently reinvested into green projects and actions that will reduce greenhouse gas (GHG) emissions. Under the proposed Climate Change Mitigation … Continue Reading

Full Steam Ahead: Ontario Releases Draft Cap and Trade Regulations and Revised Guideline for GHG Reporting

The Ontario government has released its first regulation – The Cap and Trade Program Regulation (the Draft Regulation) – under the proposed Climate Change Mitigation and Low-Carbon Economy Act, 2016 (the Act, which is discussed in further detail here). The Draft Regulation sets into motion Ontario’s plan to reduce its greenhouse gas (GHG) emissions 15% … Continue Reading
LexBlog