• Posts by Jennifer S. Nyland
    Partner

    Jennifer advises clients on regulatory, indigenous and environmental law matters for a variety of industry sectors, including mining, clean energy, transportation, forestry and land development in general. Jennifer has ...

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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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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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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On June 21, 2019 Bill C-69 received Royal Assent. However the federal Impact Assessment Act (“IAA”), which will replace the Canadian Environmental Assessment Act, 2012, is not yet in force. It will be brought into force on a date to be set by order of the Governor in Council.  Similarly, a replacement of British Columbia’s Environmental Assessment Act (“BC EAA” ...

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While the proposed Impact Assessment Act (the “IAA”) in Bill C-69 is under review and possible amendment by the Senate, the federal government is seeking public comments this month on a new Discussion Paper on the proposed Project List regulation. The Project List sets out criteria that, if met, make a project subject to the federal assessment process. This post ...

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On November 5, 2018, the British Columbia (BC) government introduced Bill 51 – 2018 Environmental Assessment Act (Bill-51), its proposal to reform British Columbia’s environmental assessment (EA) process for resource projects. 

Bill 51, if passed, will introduce some significant changes to the EA process in BC. In particular, Bill 51 creates a new early engagement ...

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In our previous Project Law blog post, we discussed the triggers for project Impact Assessment, as well as the transition provisions for existing projects, and provisions to substitute assessment processes run by other jurisdictions. The deadline to provide the Government of Canada with comments on the approach to revising the Project List and the Consultation Paper on ...

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On February 8, 2018, Bill C-69 was introduced for first reading, Part 1 of which is the draft Impact Assessment Act ( the “IAA”) to repeal and replace the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”).

This post explores the triggers for project Impact Assessment (“IA”), as well as the transition provisions for existing projects, and provisions to ...

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Last week we summarized the recommendations set out by the Expert Panel established by the Minister of Environment and Climate Change in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the “Report”). One of those recommendations was ...

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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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