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
Back to ‘Reasons First’: FCA Reinforces Vavilov in Canadian Nuclear Laboratories Ltd. v Canada (Attorney General)
The Federal Court of Appeal's decision in Canadian Nuclear Laboratories Ltd. v Canada reinforces the 'reasons first' approach to reasonableness review established in Vavilov. When a Minister issued a permit under the Species at Risk Act without adequate reasoning, both courts found the decision unreasonable—but disagreed on why. The Federal Court of Appeal emphasized that reviewing courts must focus on the adequacy of the decision-maker's actual reasons rather than conducting their own substantive ana
Canada Litigation
MT
McCarthy Tétrault LLP
Article
Alberta Court Of Appeal Confirms That Specific Evidence Is Essential To Establish Standing Before The AER
The Alberta Court of Appeal has reinforced the evidentiary requirements for Indigenous groups seeking standing before the Alberta Energy Regulator, clarifying that specific evidence demonstrating how a proposed approval could directly affect the exercise of Indigenous rights is essential. This decision addresses the intersection of regulatory standing requirements and Indigenous rights claims, while also examining the role of cumulative effects in establishing standing for regulatory appeals.
Canada Government
D
Dentons Canada LLP
Article
B.C.’s New Compliance And Enforcement Agency Reshapes Natural Resource Oversight
On July 1, 2026, British Columbia launched the B.C. Compliance and Enforcement Agency, consolidating natural-resource sector enforcement functions under a single entity with over 400 staff. How will this centralized approach to regulatory oversight affect operators across mining, forestry, environmental protection, and other resource industries in the province?
Canada Environment
OH
Osler, Hoskin & Harcourt LLP
Article
When The Ground Shifts Underneath An Environmental Assessment Certificate: How Evolving Indigenous Claims Can Unsettle Major Projects
A BC Supreme Court decision has quashed a substantial start determination for a major mining project, finding the Crown failed to adequately consult an Indigenous nation after the Province's understanding of their territorial claim evolved. The ruling examines how changing circumstances can trigger fresh consultation obligations even after environmental certificates are issued, and what constitutes "substantial start" under BC's environmental assessment regime.
Canada Environment
GW
Gowling WLG
Article
Fast-Tracking Major Projects: Federal And Provincial Developments
On May 12, 2026, the Government of Canada (Government) released the Getting Major Projects Built in Canada - Discussion Paper on Proposed Legislative, Regulatory, and Policy Reforms (Discussion Paper). The Discussion Paper outlines proposed legislative, regulatory and policy reforms to reduce the regulatory burden facing proponents of major projects, ensure federal decisions are made in a timely manner and ultimately attract investments in large-scale projects in Canada.
Canada Government
BC
Blake, Cassels & Graydon LLP
Article
Ontario Announces Streamlined Process For Major Energy Projects, Including Data Centres
Ontario’s Independent Electricity System Operator (IESO) has launched a major projects identification committee (MPIC) process for identifying large (10 megawatt or greater) projects. The MPIC is designed to support the provincial government’s latest integrated energy plan, which forecasts significant growth in electricity demand up to 2050. The MPIC webpage can be found here. The IESO will schedule a follow-up webinar in Q3 to provide relevant updates on the MPIC process and discuss progress to date.
Canada Energy
BC
Blake, Cassels & Graydon LLP
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