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Generative AI
Artificial intelligence (AI) raises many intellectual property (IP) issues.
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Global | Publication | May 2016
The Climate Change Mitigation and Low-carbon Economy Act (Act) was recently passed by the Ontario legislature. This Act, previously described in our February bulletin, introduces the new cap-and-trade system for Ontario. The corresponding Ontario Regulation 144/16 (the Regulation), described in our April bulletin, setting out the details how cap and trade will be implemented has been filed and is set to come into force on July 1, 2016. The province anticipates the first auction under the new system will be held in March 2017.
While the Act as passed is very similar to the earlier version, one of the key changes will be enhanced accountability and public reporting on the cap-and-trade proceeds. For instance, the money raised will go to a Greenhouse Gas Reduction Account to invest in programs that reduce greenhouse gas emissions, and the minister is now required to make a report available to the public each year on initiatives that are funded from the Greenhouse Gas Reduction Account.
Ontario Regulation 144/16 is also similar to its previous draft, but with greater specificity regarding details such as the timeframes for registration of mandatory participants.
In addition, Ontario Regulation 143/16 was filed to address the technical details of quantification, reporting, and verification of greenhouse gas emissions. It will take effect on January 1, 2017, and will ultimately replace the older Ontario Regulation 452/09 under the Environmental Protection Act (the EPA Regulation).
Registration by November 30, 2016, is required for:
Registration by March 31, 2017, is required if the above criteria are met on or after November 30, 2016.For any other entities that must prepare a verified 2016 report, registration by September 1, 2017, is required.
Free allowances will be granted during a transitional period. In distributing these allowances, the Regulation states the minister will follow the guidelines provided in the “Methodology for the Distribution of Ontario Emission Allowances Free of Charge” dated May 16, 2016.
These guidelines foresee allocations based on one or more of the following methods:
As reported by The Globe and Mail, the province is drafting an updated Climate Change Action Plan, which has yet to be released. Early indications suggest the plan will include $7 billion in spending over four years, including $3.8 billion to retrofit buildings, $1.2 billion towards cutting emissions at industrial businesses and factories, and $375 million for cleantech research and development.1
Ontario also announced on May 26 an agreement with Alberta to accelerate development of cleantech initiatives. This agreement’s goal is to help Ontario and Alberta “reduce greenhouse gas emissions and shift to a lower-carbon economy by identifying technology development and demonstration projects.”
As adopted, Ontario’s cap-and-trade legislation and regulations appear to embody the technical features required to establish a full liaison with Quebec and California’s joint carbon market. This will contribute to enhancing the vitality of the forthcoming unique tri-jurisdiction and bi-national carbon market.
The authors wish to thank Kira Misiewicz, articling student, for her assistance in preparing this legal update.
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
The European Court of Human Rights (ECtHR or the Court) recently ruled in Verein KlimaSeniorinnen Schweiz & Ors v. Switzerland (Application No. 53600/20) that Switzerland had breached the European Convention of Human Rights (the Convention) by not taking sufficient action against climate change. In particular, it found a breach of the right to respect for private and family life contained in Article 8 of the Convention, based on Switzerland’s failure to mitigate the impact of climate change on the lives, health, well-being and quality of life of its citizens. It also ruled that Switzerland had breached the right to a fair trial in terms of Article 6, in that the domestic courts failed to examine the merits of the applicants’ complaints, including the scientific evidence. In this article we consider the key features of this landmark judgment, which has wide ramifications for Member States of the Convention.
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We are delighted to announce that Al Hounsell, Director of Strategic Innovation & Legal Design based in our Toronto office, has been named 'Innovative Leader of the Year' at the International Legal Technology Association (ILTA) Awards.
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