CANADA Law and Practice Contributed by: Darrell Podowski, Jennifer Poirier, Joel Matson and Simi Fagbongbe, Cassels Brock & Blackwell LLP
Regulation of the discharge of pollution Much environmental regulation in Canada consists of prohibitions against the discharge of pollutants into the environment, except where authorised in advance. For example, the British Columbia Environmental Management Act forbids the introduction of waste into the environment so as to cause pollution (unless valid permits and approvals are obtained). Other environmental regulations focus on the impact of projects on the broader environment, including wildlife and their habitats. Environmental protection and permits In mining, environmental standards are commonly prescribed in relation to air emissions, waste, water, noise and mine closure plans. Regulatory authorisa - tion for discharges of effluents or emissions into the environment from a mine usually takes the form of permits tied to commitments to meet pre-established standards or guidelines tailored to the particular pro - ject. Proponents are required to provide financial security against mine closure plans towards reclamation of the mine site as a condition of permit approval. This security safeguards communities from lasting environ - mental damage if a proponent becomes insolvent or prematurely abandons their project. Each province has its own environmental permitting regime, often overlapping under multiple statutes and ministries. Permits are required for the discharge of waste, the building and storage of mine tailings and the use of water, among other activities. Mining operations may also require certain federal permits or approvals under various federal statutes, including: • the Fisheries Act; • the IAA; • the Canadian Environmental Protection Act; • the Canadian Navigable Waters Act; • the Explosives Act;
Impact assessments go beyond the environmental effects of proposed projects to include matters such as: • changes to the environment or to health, social or economic conditions; • measures mitigating adverse effects; • the need for and alternatives to the project; • a project’s contribution to sustainability; • the effects on the federal government’s ability to meet its environmental and climate change com - mitments; • the impacts on Indigenous rights, communities and cultures; and • comments received from the public and from pro - vincial or Indigenous governments. The IAA does not apply to all projects in Canada, but it generally applies to most major mining operations. In 2023, the Supreme Court of Canada ruled that sec - tions of the IAA encroached upon provincial jurisdic - tion, and were therefore unconstitutional. The IAA was amended in June 2024 to address such encroach - ment and improve regulatory certainty by focusing on mitigation of impact to Indigenous rights and adverse environmental effects within federal jurisdiction. Nota - bly, the amended IAA definition of “adverse effects within federal jurisdiction” excludes greenhouse gas (GHG) emissions, but includes pollution to boundary or international waters and other marine pollution. The new IAA also adds flexibility for the federal and provincial governments to use co-operative assess - ment processes for clean growth projects, and to enhance environmental protections. In 2025, the federal government passed the Building Canada Act, which introduces a streamlined process to review projects deemed to be of national interest, potentially including those subject to the IAA. Desig - nated projects that are listed as projects of national interest can be made exempt from certain IAA pro - cesses, and certain federal approvals are automati - cally granted, if all necessary requirements are met.
• the Migratory Birds Convention Act; or • the Nuclear Safety and Control Act.
While Indigenous communities and governments do not have statutory authority over the environment,
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