Environmental and Indigenous

Announcement

Davies Maintains High Rankings in 2024 Lexpert/ALM 500

Jan. 09, 2024 – The 2024 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada recognizes 34 of our partners with 59 rankings across 18 practice areas. The guide’s Who’s Who in Canadian Law Firms ranks us #1 for Corporate Transactions in Toronto, relative to firm size, and #1 for Tax in Montréal. ...

Bulletin

Supreme Court of Canada Finds Impact Assessment Act Unconstitutional

Oct. 17, 2023 – On October 13, 2023, in a 5-2 split decision, the Supreme Court of Canada (SCC) found the federal Impact Assessment Act (IAA) to be, in part, unconstitutional in Reference re Impact Assessment Act . The SCC determined that the IAA’s treatment of “designated projects” was unconstitutional, as...

Guide

Governance Insights: Charting a (Safe) Path Through the ESG Wilderness

June 08, 2023 – The rapid and growing recognition of the importance of accounting for ESG factors in strategic decision-making and corporate reporting has, perhaps predictably, been followed by a notable increase in anti-ESG sentiment and a questioning of the integrity of measures purported to advance...

Announcement

Women in Business Law Recognizes Seven Davies Partners

Nov. 04, 2022 – The 2022 edition of Expert Guides’ Women in Business Law recognizes seven Davies partners as leading lawyers in their fields: Anita Banicevic – Competition and Antitrust Sandra Forbes – Competition and Antitrust Natasha MacParland – Insolvency and Restructuring ...

Bulletin

Seeing Green: Sustainability Remains of Interest to the Competition Bureau

Oct. 03, 2022 – Canada’s Competition Bureau (Bureau) hosted a summit in late September, its first in-person event in more than two years. The summit explored the intersection between competition law and environmental and sustainability objectives, indicating that this area remains a high enforcement priority for...

Guide

Davies Governance Insights – September 2022

Sept. 06, 2022 – Davies Governance Insights analyzes the top trends and issues most important to Canadian public companies and provides practical guidance for boards to meet these challenges head on. In this edition: Ten Regulatory and Judicial Developments That GCs and Boards Need to Know examines key...

Announcement

Umicore to Build First-of-Its-Kind Factory for EV Battery Components in Ontario

July 20, 2022 – Davies is acting for Umicore SA/NV, a circular materials technology company headquartered in Belgium, in the development and construction of a manufacturing plant for electric vehicle battery materials. The facility will be the first of its kind in North America to produce both precursor and...

Announcement

Cominar to Be Sold to Iris Acquisition for $5.7 Billion

Oct. 25, 2021 – Davies is acting as counsel to Cominar REIT, one of Canada’s largest diversified real estate investment trusts and the largest commercial property owner in Québec, in its $5.7-billion sale to Iris Acquisition II LP, an entity created by a consortium led by Canderel Real Estate Property Inc., one of...

Bulletin

Environmental Legislative and Regulatory Developments: Québec Keeps Up the Pace

June 09, 2021 – Québec’s legislative activity in environmental law continues to be prolific. This bulletin sets out some of the major recent developments in this area, including the designation of protected areas on private lands, the rules governing the flood zones of lakes and watercourses and activities...

Bulletin

Start Your (Little) Engines: Activist Investor Wins Exxon Board Seats

June 01, 2021 – Against a backdrop of numerous recent key climate announcements, May 26, 2021, marked a bad day for Big Oil. Engine No. 1, an activist investor with a keen Environmental, Social and Governance focus, won at least 2 of 12 seats on ExxonMobil’s board in a proxy fight. Royal Dutch Shell was ordered...

Bulletin

Going Green: Recent Climate Change and Energy Developments

Nov. 23, 2020 – While Canada, along with the rest of the world, continues its efforts to address the COVID-19 pandemic, several recent federal and provincial announcements have confirmed that government has not lost sight of the threat posed by global climate change. Federal Target Net-Zero by 2050 On November...

Announcement

Premium Brands Partners with Mi’kmaq First Nations Acquires Clearwater Seafoods

Nov. 13, 2020 – Davies acted for Premium Brands Holdings Corporation in its groundbreaking partnership with a coalition of Mi’kmaq First Nations to jointly acquire Clearwater Seafoods Incorporated, Atlantic Canada’s largest wild seafood company, for approximately $1 billion. Representing a transformational change...

Announcement

Manulife and Inuit-Owned Innavik Hydro Project Reaches Financial Close

Nov. 11, 2020 – Davies acted for The Manufacturers Life Insurance Company in the $92.8-million non-recourse construction and term project financing for the Innavik Hydro Project, a 7.5 MW run-of-river hydroelectric facility that will be developed on the Innuksuac River in Québec. The project, 12 years in the...

Bulletin

Updated Equator Principles Take Effect

Oct. 01, 2020 – The fourth version of the Equator Principles (EP4), a financial industry benchmark used by Equator Principle Financial Institutions (EPFIs) to assess and manage environmental and social risk in international project finance, takes effect on October 1, 2020. EPFIs commit that they will not finance...

Bulletin

Important Modifications to Québec’s Environmental Permitting Regime

Sept. 03, 2020 – Several regulations governing the implementation of the environmental authorization scheme have been enacted and were published on September 2, 2020, in the Gazette officielle du Québec , Part 2 , including the Regulation respecting the regulatory scheme applying to activities on the basis of...

Bulletin

Can the State Be Held Liable for Neighbourhood Disturbances?

June 17, 2020 – In Maltais c Procureure générale du Québec , 2020 QCCA 715, the Québec Court of Appeal rendered an important decision regarding Crown liability. Its decision clarifies whether the regime of no-fault liability for neighbourhood disturbances applies to the government. It also contains important...

Bulletin

Bill 61: Restarting Québec’s Economy

June 08, 2020 – Bill 61, An Act to restart Québec’s economy and to mitigate the consequences of the public health emergency declared on 13 March 2020 because of the COVID-19 pandemic (the Bill) was introduced in the National Assembly on June 3, 2020. Additional measures relating to the protection of commercial...

Announcement

Hostess Brands Acquiring Voortman Cookies

Dec. 03, 2019 – Davies acted as Canadian counsel to Hostess Brands Inc. in its $425-million acquisition of Voortman Cookies Limited, a leading North American wafer and cookie company, from Swander Pace Capital. The acquisition diversifies and expands Hostess’s product offerings, providing it with a unique...

Guide

Davies Governance Insights 2019

Oct. 03, 2019 – Davies Governance Insights 2019 is a comprehensive report that analyzes the governance trends and issues most important to Canadian public companies. Now in its ninth edition, Governance Insights is designed to be a playbook for navigating the diverse and complex challenges facing today’s...

Bulletin

Environmental Update: Recent Regulatory Developments

Sept. 20, 2019 – This past summer witnessed a number of significant legislative changes to Canada’s environmental regimes at both the federal and provincial levels. The highly anticipated Impact Assessment Act came into force along with amendments to the Fisheries Act , while changes to provincial regimes in...

Bulletin

Canadian Securities Regulators Provide Guidance on Climate Disclosure

Aug. 08, 2019 – In recent years, awareness of the potential impacts of climate change on issuers has heightened both in Canada and internationally. As the risks of, and potential opportunities associated with, climate change become better understood, investors and other stakeholders continue to press for greater...

Bulletin

Ontario Court of Appeal Rules That Federal Carbon Pricing Scheme Is Constitutional

July 03, 2019 – The Court of Appeal for Ontario has delivered its decision in the constitutional reference, initiated by the Ontario government, relating to the federal carbon pricing scheme. The Court was asked to consider whether the Greenhouse Gas Pollution Pricing Act (GGPPA) is unconstitutional, either in...

Announcement

Thirty Davies Partners Named Leaders in Cross-Border Law

June 14, 2019 – In recognition of our reputation for excellence in advising on cross-border issues, the 2019 Lexpert Guide to US/Canada Cross-Border Lawyers in Canada has named 30 of our partners as leaders in the field. The guide highlights our lawyers’ expertise across eight key areas, including Business...

Bulletin

Superior Court Refuses to Cancel Order Allowing Expansion of Canadian Malartic Mine

May 23, 2019 – In Dave Lemire v Canadian Malartic Mine GP and La Procureure générale du Québec , 2017 QCCS 1438, the Québec Superior Court (Court) dismissed an application for judicial review brought by Dave Lemire, a resident of the city of Malartic. Mr. Lemire asked for the cancellation of a government order...

Bulletin

Court of Appeal Expands the Range of Fundamental Rights of Legal Persons

Mar. 18, 2019 – In a judgment rendered on March 4, 2019 in 9147-0732 Québec Inc. c. Directeur des poursuites criminelles , 2019 QCCA 373, the Court of Appeal of Québec ruled for the first time on whether legal persons can avail themselves of the right not to be subjected to any cruel and unusual treatment or...

Announcement

Davies Lawyers Unrivalled in Chambers Global 2019

Feb. 19, 2019 – Chambers and Partners has once again recognized Davies as a top Canadian law firm in the 2019 edition of Chambers Global: The World’s Leading Lawyers for Business . This year’s guide recognizes 39 Davies lawyers with 45 rankings, including 16 lawyers ranked Band 1 – more than any other law firm...

Bulletin

Top Court Rules Bankrupt Corporations Can’t Evade Environmental Obligations

Feb. 05, 2019 – In a landmark decision released on January 31, 2019, the Supreme Court of Canada (SCC) ruled in Orphan Well Association v Grant Thornton Ltd. that the environmental remediation obligations of a bankrupt oil and gas company must be fulfilled in priority over all other claims, including secured...

Bulletin

Federal Government Moves Forward with Pan-Canadian Framework on Climate Change

Oct. 25, 2018 – This week, the federal government announced its intention to implement its carbon pricing regime beginning in 2019. Certain provinces and territories 1 have requested the application of all or part of the federal regime. Other provinces are on track to meet federal requirements with their own...

Announcement

Davies Receives Highest Percentage of Band 1 Rankings in Chambers Canada 2019

Sept. 26, 2018 – Davies has once again been recognized as one of Canada’s top law firms in Chambers Canada 2019 , with 26 of our lawyers receiving Band 1 rankings – the highest percentage among all firms relative to firm size. The firm also received the highest percentage of lawyer rankings relative to firm size,...

Announcement

Two Davies Partners Featured in Who’s Who Legal: Environment 2018

Sept. 20, 2018 – Davies partners Sarah Powell and Alex Pike have been recognized as global leaders in Environmental Law by Who’s Who Legal 2018. As a result of this year’s research, the guide identifies both lawyers as standout practitioners. Sarah is commended for her “expertise in environmental law and...

Announcement

Michelin to Acquire Camso for US$1.7 Billion

July 13, 2018 – Davies acted for Groupe Michelin in its agreement to acquire Camso Inc., a Québec-based off-the-road (OTR) tire maker, for US$1.7 billion. The two companies will combine their OTR operations into a new division that will be run from Camso’s headquarters in Magog, Québec. The transaction will...

In the News

Sarah Powell Discusses Ottawa’s New Environmental Regime in Canadian Lawyer

May 01, 2018 – In the April edition of Canadian Lawyer (available to subscribers), Davies partner Sarah Powell gives her perspective on the federal government’s proposed environmental overhaul introduced in February. Sarah believes there needs to be more clarity about what companies behind major energy...

Bulletin

Canadian Securities Regulators Report on Climate Disclosure

Apr. 06, 2018 – Following on the heels of the recommendations of the Financial Stability Board’s Task Force on Climate-Related Disclosures (Task Force), the Canadian Securities Administrators (CSA) has published its Report on Climate change-related Disclosure Project . The CSA reviewed mandatory and voluntary...

Bulletin

The Québec Environment Quality Act: major changes coming in 2018

Feb. 20, 2018 – An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance of the Green Fund (Bill 102) was passed on March 23, 2017. Although some portions of Bill 102 came into force on that...

Announcement

Davies Lawyers Peerless in Chambers Global 2018

Feb. 16, 2018 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication Chambers Global: The World’s Leading Lawyers for Business . The 2018 edition of the guide recognizes 40 Davies lawyers with 46 rankings, including 15 lawyers ranked Band...

Bulletin

Canada Resets Federal Environmental Assessment for Major Project Reviews

Feb. 09, 2018 – In 2016, the Canadian government launched a formal review of key federal environmental assessment and regulatory processes. Expert panels were established and parliamentary committees engaged to conduct consultations and provide recommendations with respect to the Canadian Environmental...

Bulletin

Pan-Canadian Carbon Pricing Update: Federal Backstop Legislation Proposed

Jan. 18, 2018 – This week, the federal government released, for public comment, draft legislation relating to the proposed federal carbon pricing system. The Greenhouse Gas Pollution Pricing Act provides a complex framework for the implementation of a federal carbon pricing “backstop” to be applied to provinces...

Announcement

Forty-nine Davies Lawyers Recognized in Who’s Who Legal: Canada

Oct. 24, 2017 – Law Business Research’s Who’s Who Legal: Canada 2017 names 49 Davies partners as leading lawyers, including eight Most Highly Regarded practitioners, across 18 different practice areas. Who’s Who Legal nominees are selected on the basis of comprehensive, independent surveys conducted among...

Announcement

Six Davies Partners Recognized in Women in Business Law

Oct. 12, 2017 – The 2017 edition of Expert Guides’ Women in Business Law recognizes six Davies partners as leading lawyers in their fields: Anita Banicevic Sandra Forbes Patricia Olasker Carol Pennycook Alexandria Pike Sarah Powell The guide celebrates the...

Announcement

Davies Welcomes Marie-Claude Bellemare

Sept. 05, 2017 – Marie-Claude Bellemare has joined Davies as a partner in our Montréal office. Considered to be one of the top environmental lawyers in Québec, Marie-Claude will advise Canadian and international clients on both provincial and federal environmental, natural resource, energy and public law. Her...

Announcement

Leaders in Environmental Law

Aug. 31, 2017 – Davies partners Sarah Powell and Alexandria Pike have been recognized in the 2017 edition of Who’s Who Legal: Environment . As a result of this year’s research, the guide identifies both lawyers as standout practitioners. Sarah is commended for her “vast expertise in international...

Bulletin

Details Released on Federal Proposal for Pan-Canadian Price on Carbon

May 19, 2017 – On May 18, 2017, following months of speculation on how the federal government will implement its pan-Canadian price on carbon, the government released its technical paper on the federal carbon pricing backstop ( Technical Paper ). As we previously reported in our October 2016 publication ...

Announcement

Davies Earns Top Marks in The Canadian Legal Lexpert Directory 2017

May 05, 2017 – The Canadian Legal Lexpert Directory 2017 has recognized 91 Davies lawyers as leading practitioners, with 33 achieving the highest ranking of Most Frequently Recommended in at least one area of specialization. Our firm is also recognized as Most Frequently Recommended in 16 practice areas. ...

Bulletin

Panel Seeks Sweeping Changes to Canadian Environmental Assessment Regime

Apr. 07, 2017 – The Expert Panel for the Review of Environmental Assessment Processes (Panel) released its recommendations regarding the federal Canadian Environmental Assessment Act, 2012 (CEAA 2012) on April 5, 2017. Mandated to restore public trust in Canada’s environmental assessment (EA) process and to...

Announcement

Barrick Gold Announces Three-Way Transaction with Goldcorp and Kinross

Apr. 07, 2017 – Davies acted for Barrick Gold in its announced, highly complex three-way transaction with Goldcorp and Kinross Gold. This transaction involved Barrick’s sale of its 25% stake in the Cerro Casale Project to Goldcorp and Goldcorp’s acquisition of Kinross’s entire 25% interest in the Cerro Casale...

Announcement

Davies Lawyers Unmatched in Chambers Global 2017

Mar. 27, 2017 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication Chambers Global: The World’s Leading Lawyers for Business . Davies has the highest percentage of Band 1 lawyer rankings as well as the highest percentage of overall...

Bulletin

Pan-Canadian Price on Carbon

Oct. 04, 2016 – On October 3, Prime Minister Trudeau pre-empted climate negotiations with Canada’s premiers by announcing the federal government’s plan to impose a pan-Canadian price on carbon. The plan requires all Canadian jurisdictions to have a system for carbon pricing in place by 2018, with a view to...

Bulletin

United States Joins Canada and European Union in Adopting Transparency Rules

June 29, 2016 – In line with a global trend for greater transparency of payments made by companies in extractive industries to governments of resource-rich countries, the United States has joined Canada and the European Union in adopting “publish what you pay” rules for such companies. These rules are aimed...

Bulletin

Bill 102: Modernization of the Environmental Authorization Scheme

June 13, 2016 – The Minister of Sustainable Development, the Environment and the Fight Against Climate Change (the MSDEFCC ) introduced An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the...

Bulletin

Ontario’s Cap-and-Trade Regime

May 20, 2016 – Ontario’s Climate Change Mitigation and Low-carbon Economy Act, 2016 , which provides for the initial distribution of free allowances at levels comparable to current emissions, passed on May 18, 2016, and its companion regulation ( O. Reg. 144/16 ) was adopted on May 19, 2016. The legislation...

In the News

Opportunity knocks in energy industry crisis, say lawyers – Lexpert

Mar. 28, 2016 – In a Lexpert article exploring opportunities that may emerge from the uncertain state of the energy sector , Davies partner Sarah Powell discusses how Alberta’s climate-related regulation changes may prompt a significant increase in renewable energy investments within the province.

Announcement

Davies Lawyers Continue to Lead in Chambers Global 2016

Mar. 23, 2016 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication, Chambers Global: The World ’ s Leading Lawyers for Business . Davies has the highest percentage of Band 1 lawyer rankings of any Canadian law firm. The 2016 edition...

Bulletin

“Publish What You Pay” Guidance Finalized

Mar. 21, 2016 – Natural Resources Canada has finalized its implementation tools for the Extractive Sector Transparency Measures Act (ESTMA), which was proclaimed into force in June 2015. Commonly known as the “ publish what you pay ” standards, ESTMA establishes mandatory reporting standards for payments made...

Announcement

McKesson Enters into Agreement to Acquire Rexall for $3 Billion

Mar. 02, 2016 – Davies acted for McKesson Corporation, a leading international healthcare services and information technology company, in connection with its $3-billion acquisition of Rexall and Rexall Pharma Plus, which operate approximately 470 pharmacies in Canada, from Katz Group, one of Canada’s largest...

Bulletin

Ontario’s Carbon Market Revealed

Feb. 26, 2016 – After years of consideration, Ontario has introduced Bill 172, Climate Change Mitigation and Low-Carbon Economy Act, 2016 , and released a draft regulation for Ontario ’ s carbon cap-and-trade program. This is the first step toward Ontario joining the Québec-California carbon market. The Ontario...

Announcement

Ninety-one Davies Lawyers Recognized by The Best Lawyers in Canada 2016

Aug. 24, 2015 – Ninety-one lawyers from Davies Ward Phillips & Vineberg LLP were selected by their peers for inclusion in The Best Lawyers in Canada 2016 across 33 areas of specialization, with five lawyers named Lawyer of the Year and seven practitioners newly recognized. Best Lawyers awards the Lawyer of the...

Announcement

Barrick Enters into an Agreement to Sell 50% of Zaldívar Mine to Antofagasta Plc

July 31, 2015 – Davies acted for Barrick Gold Corporation in connection with its $1. 005-billion sale of a 50% interest in the Zaldívar copper mine in Chile to Chile-based Antofagasta Plc. With this agreement, Barrick formed a new joint venture partnership with Antofagasta, one of the world’s leading copper...

Bulletin

Greenhouse Gas Emissions: Important Provincial Initiatives

July 06, 2015 – Québec’s Minister of Sustainable Development, Environment and the Fight Against Climate Change and Alberta’s Minister of Environment and Parks have both recently announced amendments to provincial regulations on greenhouse gas emissions. Québec   Changes to the Québec regulation the ...

Bulletin

Leading-Edge Practices in Subsidiary Governance

June 17, 2015 – At a recent presentation at the Davies Academy for Continuing Professional Development, Davies partner Luis Sarabia and Davies affiliated scholar Poonam Puri discussed recent legal proceedings in which courts have been asked to hold parent companies directly liable in negligence for the actions of...

Bulletin

Ontario and Québec Collaborate to Reduce Carbon Emissions

Apr. 14, 2015 – Yesterday, Ontario announced that it will impose a cap-and-trade system under the Western Climate Initiative, which it joined in 2008. The “ cap ” will set a maximum limit on the amount of greenhouse gas emissions that industry can produce in Ontario. Over time, this emissions cap will be...

Announcement

Davies Continues as a Leader in Chambers Global 2015

Mar. 18, 2015 – Davies Ward Phillips & Vineberg LLP has again been recognized as one of Canada’s leading law firms by Chambers and Partners in its 2015 annual publication, Chambers Global: The World’s Leading Lawyers for Business . Davies has the highest percentage of lawyer rankings as well as the highest...

Bulletin

New Nuclear Liability Regime Passed

Mar. 03, 2015 – On February 26, 2015, the federal Nuclear Liability and Compensation Act under Bill C-22 received royal assent. Once in force, it will replace Canada’s outdated liability regime for damage from nuclear incidents. The substance of the new legislation generally mirrors four previous bills that...