In our February 20, 2024, blog, we provided details on the proposed plastics registry.  On April 19, 2024, Environment and Climate Change Canada (ECCC) issued a notice that “The Government of Canada is implementing a comprehensive plan to reduce plastic pollution, improve how plastic is made, used, and managed across its life cycle, and move toward a circular economy.” Companies affected by the new mandate will need to begin to gather data.  As stated by ECCC, “…reporting to the Federal Plastics Registry will start in September 2025, requiring reporting on plastic placed on the marke ..read more

Regardless of who is facing an environmental violation, it can be frustrating and expensive.  Violations aside, environmental compliance and remediation are increasingly expensive.  According to Statistics Canada, Canadian businesses spent $26.6 billion to protect the environment in 2021, an increase of 16.3% from 2020. Moreover, as outlined below, environmental enforcement can affect companies of all types and even municipal governments. Nova Scotia Town Fined $100,000 On November 13, 2019, Environment and Climate Change Canada enforcement officers received a complaint of a str ..read more

In November 2022, we discussed the upcoming mandatory climate reporting requirements affecting lenders and insurance companies. The first of those required climate reports will begin in 2024 and the reach of this new reporting will go well beyond the financial community. Climate Reporting Rule Background On March 7, 2023, the Office of the Superintendent of Financial Institutions (“OSFI”) issued Guideline B-15: Climate Risk Management. According to McCarthy Tetrault, “The Guideline sets out OSFI’s expectations on climate-related risk management and disclosure by federally regulated financial i ..read more

In our July 7, 2023, blog we discussed Bill S-5, Strengthening Environmental Protection Act for a Healthier Canada Act (The Act).  On February 8, 2024, the Government of Canada announced a consultation regarding how to determine the right to a healthy environment will be implemented. As we discussed last year, the approach to the protection of human health and the environment under environmental justice (a focus in The Act) is a stark departure from numeric limits on discharges or remediation. This Act includes consideration of “vulnerable populations, vulnerable environments and the risk ..read more

In our February environmental compliance tip, we shared the December 30, 2023, announcement by Environment and Climate Change Canada regarding the proposed “Notice of intent to issue a section 46 for the Federal Plastics Registry.”  The comment period for this notice closed on February 13, 2024. According to the Canada Gazette, “The notice would require that any person described in Schedule 3 of the notice and who possesses or who may reasonably be expected to have access to information described in Schedules 4 through 5 of the notice provide the Minister with this information.” Below we ..read more

Environmental enforcement and fines are seemingly becoming more common and consequential.  For example, last March, we reported about a $16 million fine (a provincial fine).  In April, we reported about two separate $1 million fines (federal fines). Pace and Trends in Environmental Enforcement While it does seem that there is more enforcement, a report by the insurance company, Berkley Canada states, “Despite the total value of large fines and penalties increasing in 2021, the number of fines and penalties issued decrease back to 2015 levels.”  It is unclear reading their report ..read more

In May 2023, the Draft State of Per- and Polyfluoroalkyl Substance (PFAS) Report was issued by the federal government.  We are eight months or so from this Draft report being issued.  Where are we now, what actions might be forthcoming, and what are the potential unintended consequences of restricting or banning PFAS? In October 2023, we reported that the federal government planned to issue a mandatory information-gathering notice for PFAS sometime in the fall of 2023. The authority to gather this information is in section 71 of the Canadian Environmental Protection Act (CEPA). While ..read more

In our November 9, 2023, blog we discussed the increased focus on Environmental, Social, and Governance (ESG), Greenwashing, and Climate litigation.  While they are interrelated, the focus on climate is leading to more litigation that can affect companies, boardrooms, investors, and governments. Rising Climate Lawsuits As we reported in the above-referenced blog, The United Nations reported that there have been 2,180 climate-related cases filed in 65 jurisdictions (as of the end of 2022).  This pace seems to have quickened in recent years.  Note that any bold in the quotes below ..read more

As we have previously covered, there has been a focus on regulating and reducing methane emissions from various sources – landfills, farms, and oil and gas.  And on December 16, 2023, the Canada Gazette published “Regulations Amending the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector).” The most recent methane regulations are being proposed as the United Nations Climate Change Conference, Conference of Parties (COP) 28 in Dubai, UAE concluded.  Worth noting, the proposed federal regulations come on the h ..read more

In August 2022, we began to report that the Federal Ban on certain plastics was facing legal challenges.  Ultimately, this case wound up in Federal Court.  Plaintiffs (Responsible Plastic Use Coalition, Dow Chemical of Canada, Imperial Oil, and Nova Chemicals) argued that the Order designating plastics as toxic under the Canadian Environmental Protection Act (CEPA) was unconstitutional. On November 16, 2023, the Federal Court of Canada released its decision in Responsible Plastic Use Coalition v. Canada (Environment and Climate Change).  The Court declared that the federal gover ..read more