Posted in Regulatory

While the term “bitcoin” is a hot topic in Alberta in recent weeks, the physical operations, infrastructure and approvals required to operate a large-scale cryptocurrency operation is unknown to many. Cryptocurrency mining operations require large powerful processors that are used by miners to process and confirm the transaction of digital assets. Imagine a large ...

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Posted in Indigenous Law

On June 11, 2021, the B.C. government released its Draft Action Plan relating to the implementation of the Declaration on the Rights of Indigenous Peoples Act (“DRIPA”). The Draft Action Plan arrives two years after the B.C. government unanimously passed DRIPA – ambitious legislation that adopts the United Nations Declaration on the Rights of Indigenous Peoples ...

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Posted in Regulatory

On June 15, 2021, a new amendment to Rule 016 governing review of Alberta Utilities Commission (‘AUC’ or the ‘Commission’) decisions will take effect. The rationale for the change is described in AUC Bulletin 2021-11 (dated May 6, 2021). Rule 016 sets out the criteria and process through which the Commission’s decisions may be reviewed or varied on ...

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On February 1, 2021, new reporting requirements in British Columbia will apply to owners and operators of lands that have been used for specified commercial and industrial uses. These reporting requirements will also trigger environmental investigation requirements to determine whether or not the lands are contaminated.

While the B.C. government believes this will ...

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Posted in Indigenous Law

Today, the federal government introduced in Parliament Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act. This blog provides some background on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the new federal bill.

The United Nations Declaration on the Rights of Indigenous Peoples

UNDRIP was passed by the UN ...

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On July 16, 2020, the federal government released the Strategic Assessment of Climate Change, July 2020 (“SACC”). The SACC includes rules and obligations that apply to designated projects under the federal Impact Assessment Act (“IAA”). In particular, the SACC outlines requirements for project proponents in relation to greenhouse gas (“GHG”) emissions ...

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On December 16, 2019, several regulations came into force under B.C.'s new Environmental Assessment Act (the “New BCEAA”). The most notable of these is the new Reviewable Projects Regulation (the “New RPR”), which sets out the types of projects that are automatically reviewable (i.e. subject to the New BCEAA) if they meet certain criteria. The New RPR introduces ...

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What is undoubtedly an early holiday gift for administrative law practitioners, the Supreme Court of Canada has revealed a new framework for dealing with the standard of review in administrative law cases. The court has overruled previously standing precedence across the country in order to bring greater cohesion to this area of law by enshrining a reasonableness test ...

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Posted in Environmental

On December 16, 2019, the long awaited Environmental Assessment Act, R.S.B.C. 2018, c. 51 (the “New BCEAA”) will come into force. Despite having received royal assent on November 27, 2018, the New BCEAA was not brought into force for over a year largely due to the need for further development of policies and regulations to support it. While questions remain about ...

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Bill C-69 received Royal Assent on June 21, 2019 but did not come into force at that time. The Governor in Council has now ordered that the federal Impact Assessment Act (“IAA”) and the Canadian Energy Regulator Act (“CERA”) will come into force on August 28, 2019, concurrent with the repeal of the Canadian Environmental Assessment Act, 2012 and the National Energy Board Act. Most of the amendments to the Navigation Protection Act (now to be called the Canadian Navigable Waters Act) will also come into force on August 28, 2019.

As a result, the Canadian Environmental Assessment Agency will transition to the Impact Assessment Agency, and the National Energy Board will transition to the Canadian Energy Regulator.

Certain related regulations will also come into effect on August 28, 2019, including the Physical Activities Regulations (the new Project List) and the Information and Management of Time Limits Regulations, both under the Impact Assessment Act. These regulations are scheduled to be published in the Canada Gazette, Part II on August 21, 2019, but in the meantime unofficial copies may be found at the following links:

Stay tuned or subscribe to our Project Law Blog for more information on the regulations and the implementation of these changes.

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About Us

Lawson Lundell's Project Law Blog focuses on updating proponents on issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and Indigenous consultation.

Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage. 

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