Publication
UK Carbon Border Adjustment Mechanism: how will it work?
In February, we reported on the Department of Energy Security and Net Zero’s confirmation that a UK Carbon Border Adjustment Mechanism (CBAM) would be bought into force by 2027
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Canada | Publication | December 8, 2021
November 25 marked the coming into force of the BC government’s Environmental Management Amendment Act, 2021 (the Act), which amends the Environmental Management Act to enhance the province’s ability to regulate single-use products. The Act:
The Act’s passing does not immediately affect the regulatory landscape for single-use products. Instead, new regulations must first be enacted to create fresh restrictions or bans.
On their face, the amendments allow the province to regulate all packaging and single-use products regardless of what material they are produced from. But according to Environment Minister George Heyman, the legislation will specifically support the government’s commitment to phase out single-use plastics. Regulations addressing single-use plastics are therefore expected to be amongst the first implemented, with the government saying it plans to do so by early 2023 following a consultation process.
This legislation comes on the heels of recent changes to regulations under the Community Charter that allow municipalities to enact bylaws to ban single-use plastics without prior approval from the provincial government. These changes were required in the wake of the BC Court of Appeal striking down the City of Victoria’s ban on plastic bags because the city failed to first obtain such approval. Several municipalities have since implemented bylaws banning single-use plastics, and many others are in the process of doing so.
What remains to be seen is to what extent the province will coordinate with municipalities to ensure their regulation of single-use plastics avoids a potential patchwork of regulation across different localities. While the phase out of single-use plastics has been recognized as an important step to achieve the government’s environmental objectives, given the far reach of any regulation, it is critical that the government also ensures consistency and transparency to minimize the regulatory burden of any changes it makes while achieving those objectives.
The author wishes to thank articling student Mackenzie Hayden for his help in preparing this legal update.
Publication
In February, we reported on the Department of Energy Security and Net Zero’s confirmation that a UK Carbon Border Adjustment Mechanism (CBAM) would be bought into force by 2027
Publication
International financial markets have started to show significant interest in nature and biodiversity. Whilst climate change and greenhouse gas emissions have made the headlines in recent years, there has been much less focus on their equally important counterparts, nature and biodiversity. However, that has started to change.
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