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Municipal & Planning Law Blog
Current issues and updates on law, legislation and policy.
| We have recently covered municipal ultra vires cases related to shark fin soup and puppies. In this case, an Alberta ban on some sales of drug paraphernalia was found to be outside the municipalities&# [read more]Tuesday, 5 March 2013 | Michael Styczen, P.Eng |
| The Ontario Superior Court on Friday struck down a City of Toronto municipal bylaw which banned the sale of shark fin and shark fin products in the City of Toronto.
The danger of shark fin products [read more]Sunday, 2 December 2012 | Michael Styczen, P.Eng |
| The story of Catalyst Paper over the last few years has not been positive. It has closed facilities and shed costs in an attempt to regain profitability. More recently, it entered into agreements [read more]Monday, 23 January 2012 | Michael Styczen, P.Eng |
| A recent case decided by the Supreme Court of British Columbia dealt with the intersection of two interesting areas of law and policy: On the one hand, the growing movement to more closely regulate [read more]Thursday, 9 June 2011 | Michael Styczen, P.Eng |
| On April 7, 2010, sections 2, 15, 16, 17, 19, 22 and 23 of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 came into force, along with O. Reg 126/10 created pursuant [read more]Friday, 9 April 2010 | Alexis Alyea |
| On March 9, 2010, Council for the District of Tofino (BC) voted to direct staff to draft a by-law that would ban fastfood restaurants and large format retail chains from the municipality. Staff will [read more]Monday, 15 March 2010 |
| Following public outcry in late 2008 regarding contract allocation in the municipal sector and the government's undertaking to remedy the issue, the government of Québec yesterday passed [read more]Tuesday, 23 February 2010 | Stephan Trudeau |
| On February 1, 2010, changes to Ontario Regulation 419/05, Air Polution - Local Air Quality (O.Reg. 419/05), came into effect. These changes require industrial facilities to meet stricter air standards [read more]Thursday, 4 February 2010 | Liliane Gingras |
| Changes have been made to the following regulations under the Planning Act (Ontario): Ontario Regulation 543/06: Official Plans and Plan Amendments; Ontario Regulation 545/06: Zoning By-Laws, Holding [read more]Monday, 1 February 2010 | Alexis Alyea |
| The Ontario Ministry of the Environment ("MOE") has undertaken a new initiative to modernize the environmental approvals process. Lower-risk activities will have a simplified approval process [read more]Friday, 29 January 2010 | David Crocker |
| The Supreme Court of Canada found in a decision released on January 21, 2010 that the responsible authority cannot just conduct an environmental assessment screening study for a project listed on [read more]Friday, 22 January 2010 | David Crocker |
| The Town of Oakville is venturing into the realm of regulating environmental issues. It recently announced that Council will consider a by-law for the reporting and regulation of the amount of fine [read more]Thursday, 21 January 2010 | Lana Finney |
| On a date to be proclaimed, the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 (Ontario) will come into force. This Act received Royal assent as part of the Good Government [read more]Thursday, 14 January 2010 | Alexis Alyea |
| As announced here last week, the Ontario government has quietly adopted significant and long-awaited changes to the brownfields regulation, O. Reg. 153/04 (Records of Site Condition). The amending [read more]Wednesday, 13 January 2010 | Lana Finney |
| On November 16, 2009 amendments to the "Clean Water Act, 2006 Technical Rules: Assessment Report" were finalized by the MOE and posted on the EBR at EBR Posting.
The Clean Water Act [read more]Thursday, 7 January 2010 | Alexis Alyea |
| On December 9, 2009 significant amendments to O. Reg. 153/04 (Records of Site Condition) were made. They were filed on December 29, 2009. The road to a successful risk assessment has become much more [read more] |
| Posted by Jonathan Cummings and Jennifer Cleall
On March 4, 2009, the Minister of Environment, Jim Prentice, introduced the Environmental Enforcement Bill (the "Bill") in an effort to constrain poachers, [read more]Tuesday, 10 March 2009 | Jennifer Cleall |
| Reporting issuers must improve their disclosure of known and contingent environmental liabilities in continuous disclosure documents. That is the message of the Ontario Securities Commission’s [read more]Wednesday, 2 April 2008 |
| Posted by Andrew Lord
The federal government reportedly revoked Imperial Oil's permit to take water for the planned Kearl oil sands project. Imperial Oil's legal challenge of that decision [read more]Tuesday, 1 April 2008 |
| Submitted by Alexis Alyea
Starting February 15, 2008, the Ontario Ministry of Municipal Affairs and Housing will begin the public consultation process with respect to proposed amendments to the [read more]Tuesday, 19 February 2008 |
| Submitted by Alexis Alyea
On January 18, 2008 the Ontario Ministry of the Environment posted a “Notice of intent to introduce legislation that would ban the cosmetic use of pesticides in [read more]Monday, 18 February 2008 |
| On November 20, MPIR released the mapping for the "proposed" final built boundary as referred to in Places to Grow. Once the boundary is final, municipalities will be required to include [read more]Tuesday, 20 November 2007 | Chris Barnett |
| We are pleased to announce that our blog has been selected to be featured in the “Top Blogs” section of the recently released LexisNexis Environmental law and Climate Change Center.
The [read more]Monday, 19 November 2007 |
| Last month the Alberta Court of Appeal upheld the certification of a class action against the Canadian Pacific Railway Limited relating to TCE contamination. The action alleged that the putative class [read more]Tuesday, 16 October 2007 | Lana Finney |
| The Ontario Court of Appeal has recently rendered an interesting decision dealing with damages in the event of the purchase of contaminated property, Lionhead Investments Inc. and Petro-Canada. See [read more]Tuesday, 16 October 2007 | Lana Finney |
| The Final Report of the Agency Cluster Facilitator has been released and Kevin Whitaker named as the Agency Cluster Facilitator. Mr. Whitaker will work with five tribunals in the municipal, environmental [read more]Tuesday, 25 September 2007 | Laura Bisset |
| The City of Windsor enacted a by-law which created the licensing scheme for adult entertainers in the City. The by-law required that those who fell within the definition of "dancer" must [read more]Thursday, 23 August 2007 | Laura Bisset |
| Kingston's wealthy Springer family offered to donate $1,000,000.00 to the City of Kingston in support of a project to revitalize Market Square, on the understanding that the City then rename the [read more]Thursday, 23 August 2007 | Laura Bisset |
| The Province announced on August 9th that it is proposing to require the collection of methane produced at landfill sites for use as a renewable energy. The government intends to implement this proposal [read more]Friday, 10 August 2007 | Laura Bisset |
| The Ontario Court of Appeal released its decision in Cash Converters Canada Inc. v. Oshawa (City) on July 4th. In this case, a franchisee of Cash Converters Canada Inc., that operated a second-hand [read more]Wednesday, 11 July 2007 | Laura Bisset |
| The Ontario Court of Appeal recently addressed the issue of the role of the doctrine of bad faith as grounds for quashing a by-law in light of modern jurisprudence requiring that courts afford deference [read more]Wednesday, 4 July 2007 | Laura Bisset |
| On June 21, 2007, the Supreme Court of Canada released a decision dismissing the appeal of the City of London (the "City") from a decision of the Ontario Court of Appeal in respect of an [read more]Monday, 25 June 2007 | Laura Bisset |
| The Ministry of the Environment ("MOE") posted the final regulations for Bill 133 on the Environmental Bill of Rights ("EBR") on June 8, 2007. The Environmental Penalties ("EP") [read more]Tuesday, 12 June 2007 | David Crocker |
| Effective September 1, 2007, the 2001 Liquid Fuels Handling Code published by the Technical Standards & Safety Authority (the "TSSA") will be revoked and replaced with the "Liquid [read more]Thursday, 7 June 2007 | Lana Finney |
| Bill 187, the budget bill, received Royal Assent on May 17, 2007. Pursuant to this Bill, a number of changes have been made to the Record of Site Condition ("RSC") regime under the Environmental [read more]Monday, 28 May 2007 | Lana Finney |
| The province has quietly brought into force changes to the Development Charges Act to set out the rules applicable to the inclusion of the Toronto-York Subway extension in future development charges [read more]Thursday, 24 May 2007 | Chris Barnett |
| The Endangered Species Act, 2007 (Bill 184) received Royal Assent on May 17, 2007. With some minor exceptions, the Act comes into force on June 30, 2008 or such earlier date as may be named by proclamation [read more]Wednesday, 23 May 2007 | Lana Finney |
| On May 17, 2007, the Technical Standards and Safety Authority ("TSSA") released its replacement for the Environmental Management Protocol, referred to as "GA1/99" dated October [read more]Wednesday, 23 May 2007 | Lana Finney |
| The government announced that a second Growth Plan under the Places to Grow Act will be developed, covering Northern Ontario. The plan will presumably be an effort to stimulate growth, as opposed [read more]Thursday, 17 May 2007 | Chris Barnett |
| The first phase of draft Regulations under the Clean Water Act, 2006 are now posted on the Environmental Registry. The EBR posting for the Regulations can be found here .
The A [read more]Tuesday, 17 April 2007 |
| The Ministry of the Environment has enacted the Waste Management Projects Regulation under theEnvironmental Assessment Actand put in place amendments under theEnvironmental Protection Actfor waste [read more]Monday, 26 March 2007 |
| The Ministry of the Environment has posted an update of the document entitled "Soil and Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act"? [read more]Monday, 26 March 2007 |
| The province has renewed the appointments of 4 OMB members for 5 years. Members Marc Denhez, Reid Rossi, Joseph Sniezek and Peter Acheson have all been renewed until 2012. All were originally [read more]Tuesday, 20 March 2007 | Chris Barnett |
| Davis&Company LLP Successfully Defends Composting Facility
David Crocker, Jonathan Davis-Sydor and Liliane Gingras successfully represented Halton Recycling Ltd., a composting facility located [read more]Wednesday, 14 March 2007 |
| Ontario has re-designed its Environmental Registry in an effort to make it easier for users to inquire about, and participate in, government decision-making on what affects Ontario's [read more]Wednesday, 14 March 2007 |
| The Peacock family operated a 1,000 head intensive hog operation in the County of Norfolk, and sought to double the capacity of their facility to 2,000 hogs. The proposed facility would contain [read more]Wednesday, 14 March 2007 |
| The Interim Report of the Agency Cluster Facilitator for the Municipal, Environment and Land Planning Tribunals was released on January 31, 2007. The project was commenced in September 2006 [read more]Monday, 5 February 2007 |
| We are proud to announce that our partner and friend Tom Lederer has been appointed a judge of the Superior Court of Justice, effective immediately. Tom joined Davis& [read more]Tuesday, 30 January 2007 |
| Bill 130 (available here ), theMunicipal Statute Law Amendment Act, 2006(the "Bill"),received Royal Assent on December 20, 2006 and is now in force. The Bill amends, among other [read more]Thursday, 25 January 2007 |
| As of October 19, 2006 an amendment has been made to theLimitations Act, 2002, which loosens the restrictions on contracting out of limitation periods. When the originalLimitations Act, 2002came [read more]Wednesday, 24 January 2007 |
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