Canada: Environmental Law

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Environmental law articles, insights, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as clean air/pollution, climate change, environmental law and waste management.
Article
Improving Third-party Participation In Investment Arbitration: IBA Recommendations
The International Bar Association has released new recommendations aimed at improving transparency, consistency, and procedural fairness in third-party participation in investment arbitration. As investment disputes increasingly engage environmental, social, and governance considerations, tribunals face growing requests for third-party participation, raising questions about how applications should be assessed and how best to structure participation without compromising fairness or efficiency.
Canada Litigation
MT
McCarthy Tétrault LLP
Article
Changing Lanes: Canada Proposes To Replace Its ZEV Sales Mandate With Technology-neutral Emission Standards
Canada is proposing to eliminate its federal zero-emission vehicle sales mandate and replace it with technology-neutral greenhouse gas emission standards. The shift comes amid declining EV sales, affordability concerns, and trade uncertainty with the United States, raising questions about how the automotive industry will balance climate goals with market realities. What will this regulatory transformation mean for manufacturers, consumers, and Canada's electrification timeline?
Canada Environment
MT
McCarthy Tétrault LLP
Article
Infractions environnementales : Québec augmente substantiellement les amendes minimales
Le régime québécois de sanctions pénales en matière d'environnement a été considérablement renforcé pour certains secteurs industriels, avec des amendes minimales multipliées par dix pour des infractions spécifiques. Les modifications réglementaires entrées en vigueur en août 2026 visent neuf catégories d'activités industrielles à haut risque environnemental, transformant radicalement l'exposition financière des entrep
Canada Environment
BC
Blake, Cassels & Graydon LLP
Article
Public Power Cannot Be Walled Off From Court Oversight: What Democracy Watch Means For Aboriginal Consultation And Environmental Decision-Making
The Supreme Court of Canada’s recent decision in Democracy Watch v. Canada (Attorney General)[1] brings renewed focus to a familiar feature of administrative statutes: provisions known as “privative clauses,” which seek to limit court oversight of the legality of actions and decisions taken by statutory bodies such as administrative boards and tribunals.
Canada Government
JFK Law LLP
Article
Canada’s Clean Fuel Credit Market And Carbon Dioxide Removal: The Case For Legislative Reform
Canada's Clean Fuel Regulations have created a rapidly growing compliance credit market, with prices reaching $358.18 by June 2026. However, carbon dioxide removal technologies like bioenergy with carbon capture and storage remain excluded from participating in this valuable market, creating competitive disadvantages for Canadian CDR companies compared to their U.S. counterparts and raising questions about regulatory alignment with Canada's net-zero climate goals.
Canada Environment
MA
MLT Aikins LLP
Article
Time’s Up: Ontario Court Of Appeal Clarifies That If A Continuing Tort Claim Is Dismissed For Delay, The New Damages May Not Give Rise To A New Cause Of Action
The Ontario Court of Appeal examined whether a plaintiff could bring a second claim for coal tar contamination after its first action was dismissed for delay, raising critical questions about the abuse of process doctrine and continuing torts. The decision addresses the intersection of procedural fairness, litigation delay, and the finality of court dismissals in the context of environmental contamination claims.
Canada Litigation
BB
Babin Bessner Spry LLP
Article
Québec-Canada Agreement: Toward A Single Environmental Assessment For Major Projects
Quebec and Canada have published a draft environmental assessment agreement that would establish a "one project, one assessment, one decision" framework for major projects in the province. The proposed cooperation agreement would eliminate the need for separate federal impact assessments for non-federal projects, instead relying on Quebec's existing Environment Quality Act process administered by BAPE. This streamlined approach differs from other provincial agreements and could significantly reduce approval
Canada Environment
D
Dentons Canada LLP
Article
Responding To Ministerial Demands Under CEPA: Five Practical Lessons From FCA Canada
A ministerial demand under Canada's Environmental Protection Act can transform a compliance issue into an enforcement problem if records are incomplete or late. The FCA Canada case demonstrates that substantial cooperation may not prevent penalties when production gaps remain, and that regulated parties bear full responsibility even when critical data sits with third-party suppliers.
Canada Environment
MT
McCarthy Tétrault LLP
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