Regulatory Submissions

Canadians are seeking environmentally-friendly products and services due to concerns about the environment and climate change. However, misleading environmental ads and claims, known as greenwashing, can mislead consumers and hinder competition and innovation.

Bill C 59 - The Fall Economic Statement Implementation Act, 2023 took effect on June 20, 2024, which included changes to the Competition Act specifically to target greenwashing. Businesses are now required to have testing or substantiation, with internationally recognized methodology, to support certain environmental claims.

The Competition Bureau is assessing the impact of these requirements. It expects to provide guidance that will offer transparency and predictability for the business and the legal communities in the enforcement of the law. On July 22, 2024, the Competition Bureau launched a public consultation on these new provisions aimed at greenwashing, which will inform its future enforcement guidance about environmental claims.

The Impact Assessment Act’s Physical Activities Regulations, commonly known as the Project List, was required for review in fall 2024 as part of a five year prescribed review period. The Project List identifies the types of activities that are considered “designated projects” and therefore subject to an Impact Assessment.

Mining projects currently make up 50% of all projects subject to Impact Assessments through the Act; mines and minerals specifically are represented 2.4 times more than the next highest sector (oil and gas). Despite Canada’s critical mineral alliances and national strategy, and the 388 new mines needed by 2030 to meet international EV pledges, new mine development continues to be disproportionately affected, and impeded, by the IA process. PDAC provided recommendations to reduce the over-representation of mines and minerals in the IA designation process, and to support a process that respects provincial and territorial jurisdiction, realistically reflects the potential for adverse project effects in federal jurisdiction, and does not overburden proponents, Indigenous communities, and government resources.

On June 19^th, 2024, at the recommendation of the Minister of Environment and Climate Change, the Government of Canada began work on an emergency order to address perceived threats to Boreal Caribou populations in Val-d’Or, Charlevoix, and Pipmuacan, Quebec. A discussion paper on the Proposed Scope of the order was released on August 7^th, 2024, and outlined proposed provisional areas for protection and prohibitions which would apply to those areas.

PDAC identified the risk this proposed scope posed to the mineral exploration and development sector in some of Quebec’s most prolific mining regions, including investment uncertainty, lost economic opportunities, and infrastructure challenges. The discussion paper and subsequent meetings with ECCC further highlighted misconceptions about industry and jurisdictional overreach which needed to be addressed. PDAC responded to the discussion paper on September 13^th, 2024.

On June 13, 2023, Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act, received royal assent. The Bill outlined amendments to the Canadian Environmental Protection Act which was enacted in 1999. The goal is to contribute to sustainable development through pollution prevention and to protect the environment, human life and health from the risks associated with toxic substances.

The Government is developing an implementation framework “the Framework” to set out how the right to a healthy environment will be considered in administering the Canadian Environmental Protection Act. These elements include the scope and limits of the right, related principles as well as procedural duties.

PDAC addressed a written submission to the Minister of Environment and Climate Change and the Minister of Health to provide perspective on the definition of healthy environments in Canada with a particular focus on the context of early-stage mineral exploration and development projects.

In December 2022, Canada hosted the United Nations Convention on Biological Diversity (CBD COP15) which saw nearly 200 countries adopting the Kunming-Montreal Global Biodiversity Framework (GBF).  This framework outlines a set of global goals to halt and reverse biodiversity loss by 2030 and maintain positive momentum such that by 2050 “biodiversity is valued, conserved, restored and wisely used.”

Within this commitment, counties are expected to update their National Biodiversity Strategy and Action Plans (NBSAP) to align domestic policy with the global goals outlined in the GBF. Revised national strategies must be completed before COP16 in 2024.

On May 15, 2023, Environment and Climate Change Canada (ECCC) hosted a National Biodiversity Symposium which kicked off the formal engagement on developing Canada’s 2030 National Biodiversity Strategy. With this, ECCC developed a discussion paper entitled “Towards a 2030 National Biodiversity Strategy“ to gather ideas, information, and perspectives on biodiversity conservation in Canada and to inform the development of the Biodiversity Strategy. 

PDAC participated in a virtual natural resources sectors engagement session hosted by NRCan and ECCC, additionally, PDAC has formally submitted a response to the discussion paper to outline how mineral exploration can contribute to the realization of biodiversity targets.

In early 2024, PDAC followed up with a written submission to ECCC’s Milestone Document which contained the draft biodiversity strateg

On Oct 13th, 2023, the Supreme Court of Canada ruled the "designated projects" portion of the federal Impact Assessment Act (the Act) as unconstitutional; this decision was made on the basis that the Act is not directed at regulating effects within federal jurisdiction, and that the defined term "effects within federal jurisdiction" does not align with federal legislative jurisdiction.

The Act, which replaced the Canadian Environmental Assessment Act (CEAA 2012) in August 2019, is a planning and decision-making tool through which the federal government assess various potential environmental and social/economic effects of major projects. The Act as currently written has significant implications for the mineral development sector.

In February 2024, PDAC submitted feedback on the opportunities presented by this ruling to address both the unconstitutionality of the designated projects list and other issues identified by our members that have occurred during the Act’s implementation.

In 2018, Prime Minister Justin Trudeau announced Canada’s commitment to protecting 25% of Canada’s lands and waters by 2025, and the intention to increase that protection to 30% by 2030, and 50% by 2050. Over the next three years, a number of specific funds and programs were announced through which these lands and waters can be designated protected, yet there had been little direct consultation with the provinces and territories around selection criteria and timelines. 

In 2022, Environment and Climate Change Canada (ECCC) solicited responses to “Key Conservation Questions from the Canadian Wildlife Service’s Protected Areas Directorate” to stimulate discussion on advancing protected area gains such that Canada meets its protection goals This consultation sought strategies on linking biodiversity conservation with climate change initiatives; strategic challenges that conservation can be a solution for; and using innovative financial tools for nature conservation.

PDAC’s response includes solutions to these inquiries and goes further to outline the need to ensure the designation of protected areas includes an accurate environmental assessment of the mineral potential of the land at the outset, operates within transparent processes, and prioritizes coordination with respective jurisdictions.