Environmental, Indigenous and Natural Resources Blog

On November 30, 2012 the federal government denied approval for the EnCana Shallow Gas Infill Development Project in the Suffield National Wildlife Area (the “Project”), due to the likelihood of significant adverse environmental effects.

The federal environmental assessment (“EA”) for this Project was first commenced on October 26, 2005. The Joint Review ...

In a previous post, we highlighted the October 26, 2012 decision of the Joint Review Panel (“JRP”) in the Shell Jackpine Mine Expansion hearing regarding its jurisdiction to determine whether Crown consultation obligations had been discharged. The JRP concluded in that decision that its statutory jurisdiction did not include the authority to determine the adequacy ...

On October 24, 2012, the Government of Alberta introduced Bill 2: the Responsible Energy Development Act (“REDA”). If enacted, REDA will establish a single energy regulator and create a new regulatory framework for energy resource projects in Alberta.

Read the entire bulletin here.

British Columbia has become the latest North American jurisdiction to give utility regulators – in this case the BC Utilities Commission -  the power to impose “administrative penalties”.  Administrative penalties are like fines, but are imposed directly by the regulator outside the court process.  The fines can range from $25,000 to $1,000,000 per day, depending on ...

On October 26, 2012, the Joint Review Panel (the “Panel”) established to review the Jackpine Mine Expansion Project (the “Jackpine Project”) found that its statutory jurisdiction does not include the authority to adjudicate the adequacy of the Crown’s consultation with First Nations. As interested parties in the proceeding, the Athabasca Chipewyan First ...

Since 2009, the Alberta government has reserved for itself the right to exempt electricity transmission projects from review by the Alberta Utilities Commission.   Exempted projects have been referred to as Bill 50 Projects, Bill 50 being the name of the law when it was first proposed.  Billions of dollars worth of Bill 50 Projects have been advanced since 2009, and those ...

The Lower Athabasca Regional Plan (“LARP”) came into effect on September 1, 2012 and is the first of seven regional plans to be released under the Alberta Land Stewardship Act.  The LARP establishes the new cumulative effects approach to be used in the Lower Athabasca region and provides valuable insight as to how Alberta’s oil sands resources will be managed in the ...

The Alberta Court of Appeal has denied the Cold Lake First Nations’ (CLFN) application to appeal a decision by Alberta’s Energy Resources Conservation Board (ERCB) that it did not have the jurisdiction to determine the adequacy of Crown consultation in respect of a bitumen recovery project within the CLFN’s treaty territory. The ERCB held that although it has the ...

September 2012 marked the 20^th anniversary of the creation of the BC Treaty Commission and on October 10, 2012, the BC Treaty Commission released its annual report titled “Learning from our Success”. The report includes a reflection of the successes and challenges the BC Treaty Commission has seen over the past 20 years. Since 1992, the BC Treaty Commission has seen two ...

B.C. Environment Minister Terry Lake and Energy, Mines and Natural Gas Minister Rich Coleman refused to issue an Environmental Assessment Certificate (“EAC”) to Pacific Booker Minerals Inc. for its proposed Morrison Copper/Gold Mine project near Smithers. The decision by Ministers Lake and Coleman is in accordance with the recommendation of the Executive ...