Canada: Environmental Law

The Alberta Court of Appeal has ruled that key provisions of Canada's amended Impact Assessment Act remain unconstitutional, finding that federal authority continues to overreach into provincial jurisdiction despite legislative changes made after the Supreme Court's 2023 decision. The majority decision addresses fundamental questions about the constitutional limits of federal environmental assessment powers and their application to provincially regulated projects.

Canada has published two mandatory notices under the Canadian Environmental Protection Act requiring manufacturers, importers, and users to report information on 200 priority substances for chemical management purposes. Companies must determine if they meet reporting thresholds and gather supply chain data, with Phase 1 responses due March 2027 and Phase 2 responses due September 2027. Will your organization's chemical activities trigger reporting obligations under these new requirements?

Ontario has finalized significant amendments to its producer responsibility regime, introducing an 80% tire management target, expanding collection networks to 6,500 sites, and removing the $1 million cap on administrative penalties. The changes also establish new financial reporting requirements for producer responsibility organizations across multiple product categories, fundamentally reshaping compliance obligations for producers operating in the province.

The amendments streamline multi-agency processes by designating a single responsible authority for each project and enabling one unified federal approval and the creation of a Transportation Project Office.

The Ontario Superior Court of Justice has certified punitive damages as a common issue in an environmental contamination class action, marking a rare development in Canadian class action litigation. The ruling examines whether a public body's alleged failure to warn residents about possible drinking water contamination and delayed investigation could constitute conduct warranting punitive damages, with significant implications for organizations managing environmental incidents.

Bill C-39, the Building Canada Strong Act, proposes significant reforms to Canada's nuclear regulatory framework by restoring impact assessment authority to the Canadian Nuclear Safety Commission and introducing streamlined approval processes. The legislation aims to reduce regulatory duplication, permit preliminary construction activities before final project approval, and establish more constrained timelines for nuclear project assessments. Will these measures be sufficient to support the ambitious growth

Recent amendments to Canada's Pest Control Products Act through Bill C-30 have introduced significant regulatory changes that directly impact drone operators in agriculture. These modifications modernize the framework for pesticide application using unmanned aerial vehicles, creating new compliance requirements and opportunities for Canadian farmers. Understanding these legal implications is essential for agricultural operations looking to integrate drone technology into their pest management practices.

Effective April 1, 2026, Quebec's Act respecting contracting by municipal bodies fundamentally transforms how municipal contracts are awarded, moving beyond the traditional lowest-price model to embrace qualitative evaluation criteria including environmental practices, life cycle costs, and contractor performance history. Municipal bodies now have eight award procedures to choose from, along with new pre-tender processes that can limit competition to prequalified enterprises. Contractors must adapt their te

Osler's Legislative Update is a bi-weekly listing of new legislation. This issue covers legislation for the period 8/20 to 09/09.