Posts in Environmental.

Introduction

On July 26, 2019, the National Energy Board (the “NEB” or the “Board”) released its decision concluding that it does not have jurisdiction over the Coastal GasLink Pipeline (“CGL Pipeline”) in British Columbia. The decision is based on a constitutional analysis of the division of powers between the federal and provincial governments, which, in ...

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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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Bill C-69, which includes the proposed Impact Assessment Act (the “Act”) is currently in the second reading of the Senate. In February, 2018, the Government of Canada released the Consultation Paper on Information Requirements and Time Management Regulations and sought comments from the public on the proposed components of the Regulations. Based on the comments and ...

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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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Formal Negotiations between Canada and the United States to modernize the Columbia River Treaty began in May 2018. The Canadian and US delegations have met 6 times, in Washington DC (twice), Nelson BC, Vancouver BC, Victoria BC, and Portland OR. This article describes the current Treaty, the factors leading to the current negotiations, and the stated modernization ...

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In a case that pitted the federal Bankruptcy and Insolvency Act (BIA) against Alberta’s constitutional rights to legislate in relation to property and civil rights in the Province, the Supreme Court of Canada (SCC) in Orphan Well Association v Grant Thornton Limited (Redwater) has determined that the Alberta Energy Regulator (AER) has been and continues to act lawfully ...

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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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The Supreme Court of Canada has confirmed in Mikisew Cree First Nation v. Canada (Governor General in Council) that there is no duty to consult Indigenous groups in the development of legislation. 

At issue in Mikisew was whether the Government of Canada had a duty to consult the Mikisew Cree First Nation on the development of environmental legislation that Mikisew said had ...

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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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Among the extensive changes to the Canadian environmental legislation introduced through Bill C-69, the Federal Government will also amend the current Navigation Protection Act and rename it the Canadian Navigable Waters Act ("CNWA"). Key changes to the navigable waters regime include:

  • A comprehensive statutory definition of 'navigable water' that broadens the ...
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About Us

Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.

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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