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  • Posts by Christine J. Kowbel
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    Christine practices environmental and Indigenous law, providing advice in respect of major project development, environmental assessment, permitting, operational matters and acquisition and sale of industrial projects. 

    She ...

As reported in previous issues through its not for profit corporation, the Sandy Pond Alliance has launched a challenge to sections 5 and 27.1, and Schedule 2 of the Metal Mining Effluent Regulations (“MMER”).  Where a mining project cannot operate its tailing impoundment area in compliance with the thresholds set out in the MMER, adding a water body to Schedule 2 permits ...

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Posted in Mining

The 2011 Federal budget (“Budget 2011”) proposes that the Mineral Exploration Tax Credit, known also as the super flow-through share program, that was due to expire at the end of March 2011 be extended for an additional year to March 31, 2012. The temporary 15-per-cent Mineral Exploration Tax Credit helps companies raise capital by providing an incentive to ...

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On November 2, 2010 Federal Environment Minister Jim Prentice announced that federal authorities would not grant required federal approvals for the proposed Prosperity mine near Williams Lake in interior British Columbiadue to the potential for adverse environmental impacts associated with the project.  The Prosperity project underwent environmental assessments ...

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Ontario’s Open for Business Act, which received Royal Assent on October 25, 2010, included significant amendments to the Ontario Environmental Protection Act and Ontario Water Resources Act intended to reduce administrative burden for businesses seeking operational approvals.  Most will be phased in over time.  Significant changes include the following:

  • Potential ...
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In West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2010 BCSC 359 (the “First Coal Decision”) West Moberly First Nation successfully challenged the issuance of three Crown permits to First Coal related to bulk sampling of coal, advanced exploration drilling, and timber cutting near Chetwynd on Treaty 8 lands.

Williamson J. held that ...

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Posted in Mining

Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, was introduced in the House of Commons on March 30, 2010.

Of particular interest is Part 20 of the Act, which purports to amend the Canadian Environmental Assessment Act (“CEAA”) to streamline certain process requirements for comprehensive studies ...

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Posted in Mining

On March 13, 2009, the lieutenant-governor in council issued an order-in-council to prevent permits from being issued for uranium and thorium exploration and development in B.C.  The order-in-council, issued under the Environment and Land Use Act, codifies the policy position issued by the government of British Columbia in April 2008 that it would not support the mining ...

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On April 23, 2009, Mr. Justice James Russell of the Federal Court trial division ruled in Great Lakes United and MiningWatch Canada v. Minister of Environment and Mining Association of Canada 2009 FC 408, that the Minister of Environment is required by the Canadian Environmental Protection Act (“CEPA”) to collect and report in the National Pollutant Release Inventory ...

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On April 7, 2009, the Province of British Columbia announced they have signed a Mining and Minerals Agreement with the Stk’emlupsemc of the Secwepemc Nation ("SSN") (as represented by the Tk’emlúps (formerly Kamloops) Indian Band and the Skeetchestn Indian Band) which will help to develop capacity for the SSN to participate in, and benefit from, mining activities ...

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The Kitikmeot Inuit Association (KIA) Board at their meeting of February 9, 2009 unanimously passed a resolution to adopt the Nunavut Tunngavik Inc. (“NTI”) Mining, Uranium, and Reclamation Policies as policies for managing surface Inuit Owned Lands in the Kitikmeot and the Article 41 Lands.  The NTI Mining, Uranium, and Reclamation Policies were passed by the NTI ...

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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.

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