On October 11, 2019, the Superior Court of Ontario dismissed Greenpeace's case on the grounds that declaratory relief was not available. Two of the three judges reasoned that declaratory relief would have no practical effect because the statute that gave authority for the regulation at issue had been repealed. Had declaratory relief been able to have practical effect, two of the judges would have found that the Ontario government was required to participate in public participation before enacting the cancelling regulation.

Prior to the dismissal, on January 25, 2019, the court rejected a motion to dismiss on the grounds that the dispute was moot, reasoning that there was still a live dispute over whether the public participation in question was lawful. 

Environmental groups filed suit against the Ontarian government, alleging the government failed to meet legal requirements for public consultation on regulations that would end Ontario’s cap and trade program and a proposed bill that would undercut the province’s legislative regime for combatting climate change. Plaintiffs argued that both the regulations and bill violate requirements under the Environmental Bill of Rights (EBR) for public participation in the development of environmentally significant regulations and legislation. 

The lawsuit concerns Ontario Regulation 386/18 filed on July 3, 2018 by the Minister of Environment, Conservation and Parks. The government did not conduct a public consultation process and filed a claim that the 2018 election was “substantially equivalent” to the 30-day consultation process required by law. Plaintiffs argued that the government was still required to undertake public consultation for the regulation under the EBR and that the regulation is ultra vires because it contradicts the purpose of the “Climate Change Mitigation and Low-Carbon Economy Act,” the enabling act for this regulation. The lawsuit additionally concerned “Bill 4, the Cap and Trade Cancellation Act, 2018” filed on July 25, 2018. This bill would repeal the “Climate Change Mitigation and Low-carbon Economy Act, 2016” which includes greenhouse gas emission reduction targets. Plaintiffs argued that this bill would have a significant environmental impact because it would repeal existing greenhouse gas emissions targets without establishing new targets. If there is a significant environmental impact, then the government must undertake the mandatory notice and comment process required by the EBR. 

Plaintiffs sought declaratory relief and asked the Court to quash the regulations.


Greenpeace Canada v. Minister of the Environment, Conservation, and Parks; Lieutenant Governor in Council

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Greenpeace Canada v. Minister of the Environment, Conservation, and Parks; Lieutenant Governor in Council - application

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Greenpeace Canada v. Minister of the Environment, Conservation, and Parks; Lieutenant Governor in Council - application

Target

Policy instrument

Risk

Just transition

Greenhouse gas

Adaptation/resilience

Finance