If you think that you know everything about being an environmental lawyer from watching Marshall Eriksen in the sitcom “How I Met Your Mother” – think again.
In Canada, becoming an environmental lawyer does not only involve knowing the different environmental laws of the country, but also the practical aspects of it.
What is the job of an environmental lawyer in Canada?
An environmental lawyer in Canada helps clients comply with the different Canadian environmental laws. They also represent clients before administrative tribunals or in court when needed.
Environmental compliance
Marc McAree, the co-managing partner and lead litigation partner of Willms & Shier Environmental Lawyers LLP, explains the job of environmental lawyers.
At the outset, an environmental lawyer helps clients follow the laws that cover the protection and development of the environment.
“Being an environmental lawyer is about understanding the regulation of the environment by the Canadian federal government, provinces and territories, and municipalities and conservation authorities,” McAree says.
He also says that these three levels of government pass into law statutes, regulations, and by-laws. As such, this creates a web of regulatory complexity involving various media – land, water, and air.
All of these are considered by the environmental lawyer when assisting clients, since there are many possible consequences for breaking the law.
“Non-compliance can result in government enforcement including issuance of orders, tickets, penalties, fines, and in the most egregious situations, jail time,” says McAree.
That is why it is important that companies consult with an environmental lawyer on their major projects. This helps prevent any violation of Canadian environmental laws.
Environmental litigation
Environmental lawyers can also work as environmental litigation lawyers. Most of their work would be appearing in court for clients and helping them with their legal documents.
McAree, who is also the co-founder of their firm’s National Environmental Law Moot Court Competition, says that the skill set of an environmental litigation lawyer is very different than the skill set of an environmental regulatory lawyer.
“Some environmental lawyers are environmental litigators. Environmental litigation can involve environmental lawsuits, appeals of environmental orders and approvals, and defence of environmental prosecutions,” he adds. As such, environmental lawyers can work for plaintiffs and defendants in an environmental lawsuit.
This video briefly explains the work of a Canadian environmental lawyer:
To know more, contact an environmental lawyer in your area. If you’re in Toronto or Ottawa, reach out to the best environmental lawyers in Ontario as ranked by Lexpert.
Working for other practice areas
There is a big chance that an environmental lawyer will work not just with environmental law, but also with other practice areas.
For instance, an environmental lawyer will reference other legislation, such as laws on Indigenous peoples, when representing them in a case where they are plaintiffs.
On the other hand, lawyers who are working for mining companies do not just use mining laws when assisting clients, but also laws on the environment and Indigenous peoples.
Other related practice areas with environmental law include forestry laws and even real estate and construction.
Where do Canadian environmental lawyers work?
An environmental lawyer in Canada can work both with the government and in the private sector. When in the government, they help draft regulations and policies on environment policies, or their implementation.
Private environmental lawyers work in different companies, such as:
- law firms
- consulting firms
- insurance companies
- non-profits organizations
- larger corporations
The academia can also be an area where an environmental lawyer can work. This can be in universities, colleges, and research institutes.
What are Canada’s environmental laws?
As mentioned by McAree, the federal government down to the municipalities have enacted environmental laws that apply to different areas:
- air and water quality
- handling and use of chemical and hazardous materials
- climate change and greenhouse gas emissions
- land use and permits
- protection of threatened or endangered species
- renewable energy
- waste and wastewater management
Here are some of the federal statutes that environmental lawyers can be experts in:
- Canadian Environmental Protection Act, 1999 (CEPA 1999): the main federal law about pollution prevention, regulation of toxic substances, ways to address environmental emergencies, and penalties for its violation
- Canada Water Act: regulates the management, development, and use of the water resources of Canada
- Fisheries Act: regulates fishing activities, protect fish habitat, obligations of fisheries project owners, and penalties for its violation
- Impact Assessment Act: states the process of doing and assessing impact assessment of major projects by the government
- Transportation of Dangerous Goods Act, 1992: regulates the transportation of designated dangerous goods (listed in the Act) by land, air, or water
This is in addition to the provincial and territorial statutes that also regulate environmental protection and other matters to complement federal statutes. Some of these provincial environmental laws are:
- Alberta: Environmental Protection and Enhancement Act
- British Columbia: Waste Management Act; Environmental Assessment Act
- Ontario: Environmental Protection Act; Environmental Bill of Rights Act; Environmental Assessment Act; Water Resources Act
- Québec: Environment Quality Act
These statutes also go hand in hand with common law principles for the common law provinces, and the Civil Code for the province of Québec.
How can one become an environmental lawyer in Canada?
McAree shares some of the important points that a student may want to consider if they want to become an environmental lawyer in Canada.
“Because of the technical nature of environmental matters and environmental law, it is preferable for any aspiring environmental lawyer to have a technical background,” McAree shares.
For example, this can include education and/or work experience in any area of science and engineering.
McAree says that “environmental lawyers need to have a basic understanding about how the science of the environment and engineering intersect with environmental law. Aspiring environmental lawyers need to be able to grasp technical concepts.”
Environmental lawyers: protecting people and planet
Environmental lawyers in Canada help clients understand and comply with environmental law. Their expertise covers diverse areas, from air and water quality to endangered species and waste management. Through a working knowledge of both science and law, environmental lawyers play a crucial role in protecting people and planet.
Need help from an environmental lawyer? Reach out to any of the Lexpert-Ranked best environmental lawyers in Canada.