Federal government posts proposed revisions to regulations under CEAA 2012

April 17th, 2013 by Laura Bowman

Late Friday night, April 12, 2013, the federal government posted the latest revisions to the Regulations Designating Physical Activities under the Canadian Environmental Assessment Act, 2012.   These regulations determine which projects are potentially subject to a federal assessment under the new Act.

The existing regulations were put in force without any public consultations when CEAA 2012 was enacted in July 2012.  The regulations were based on the comprehensive study list regulations under the old version of CEAA which was repealed in mid-2012.

The amendments to the Regulations Designating Physical Activities proposed by the government at this time are limited.  Some projects are removed and others are clarified.   Diamond mines, apatite mines, railway yards, international and interprovincial bridges and tunnels and “the first offshore exploratory wells in exploration licence area” and expansions to oil sands mines would be added to the project list.  Just being on the project list no longer guarantees an assessment is required.

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Paula Boutis helps Osgoode Law School team make it to the final competition round

April 16th, 2013 by Iler Campbell

Paula Boutis, along with Michael McClurg of Olthius Kleer Townshend, coached one of two excellent Osgoode teams for the Willms & Shier Environmental Law Moot Court Competition, held at the Ontario Court of Appeal on March 9, 2013.

The team placed second overall, and team members Jesse Cohen ’14 and Luke Johnston ’14 both won distinguished oralist awards. Johnston also won the award for top oralist in the final round.

Congratulations to all the participants!

For more details on the event see here.

Free Talk: How to run a board meeting, and write your minutes, so you stay out of trouble and know what you decided.

April 4th, 2013 by Iler Campbell

Paula Boutis is giving a free talk on April 18, 2013, at Harvest Noon for the GTA Co‑op Network:

Topic: How to run a board meeting, and write your minutes, so you stay out of trouble and know what you decided.

Location: 16 Bancroft Ave, on the 2nd floor of the Graduate Students Union building:

Time: 6:30 to 8:30 p.m., with time for networking.  No registration required.

This workshop will review the basics of running an efficient meeting and how to properly minute your meetings. As lawyers specializing in membership based organizations, including Co‑operatives, we frequently need to review our clients records for various purposes, including litigation purposes. Knowing how to run meetings, and properly minute your decisions is crucial. Workshop leader Paula Boutis has volunteered in the non‑profit sector for over a decade. She is also frequently litigating the various issues that arise for the firm’s clients, and has seen the grief bad minutes can cause.

Shark Fin Ban Case: Does Biodiversity Have Anything to Do With Social and Civic “Well-Being”?

April 2nd, 2013 by Laura Bowman

In November 2012 the Ontario Superior Court of Justice held that Toronto’s shark fin by-law was ultra vires.

Eng v. Toronto (City) was an application seeking a declaration that By-law No. 12347-2011 of the City of Toronto (Shark fin by-law) was ultra vires and of no force and effect. The by-law provides, in section 3, that “no person shall possess, sell or consume shark fin or shark fin food products within the city of Toronto”. The by-law was passed by a vote of 38-4 at council. The applicants argued that the shark fin by-law’s purpose was directed against the extinction of sharks and lacked a proper municipal purpose. The court agreed that this environmental threat was a purpose of the ban on shark fin food products as it was “a theme that persists in the public record of the proposed ban” and “environmental well-being of the City” was mentioned the preamble.

The applicants submitted that the City was the “wrong level of government” for the by-law and that there was no identifiable environmental benefit to the city. The court rejected the first argument and accepted the second.

Read more in the Ontario Bar Association’s Envronews (pdf) »

Freedom of expression for federal librarians and archivists under attack

April 1st, 2013 by Priya Sarin

Although federal public servants have always had a limited right to freedom of expression (as compared to private sector employees), certain government employees have recently been subjected to increasingly strict policies, or codes of conduct, which govern their behaviour both in and out of the workplace. Two recent policies effectively restrict access to the media and participation in forums for intellectual debate — such as conferences or teaching engagements. Contrary to what you might expect, these policies do not target employees in the justice, immigration or national defence departments, but rather scientists, librarians and archivists associated with the Department of Fisheries and Oceans and the Department of Canadian Heritage. There are two reasons why Canadians should be concerned: 1) this continues a trend of the Harper government to restrict the public’s timely access to valuable information from our experts on issues of national importance (which in turn negatively impacts the quality of our public discourse and ability to make informed decisions); and 2) some of these policies are unnecessarily restrictive and arguably in breach of section 2(b) of the Charter of Rights and Freedoms ‑- the right to freedom of expression.

Read more on rabble.ca

The Responsible Housing Provider — Who can appear at the Landlord and Tenant Board?

March 28th, 2013 by Celia Chandler

A recent decision of the Superior Court of Justice may have an impact on housing providers who use the services of property managers.

In The Law Society of Upper Canada v. Enzo Vincent Chiarelli, Mr. Justice Goldstein ruled that Chiarelli can no longer appear on behalf of his clients before the Ontario Landlord and Tenant Board (LTB) because he is not licensed under the Law Society Act to provide legal services.

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