Posts in Environmental.

On February 6, 2018, the federal government introduced Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence. Bill C-68 is part of an overhaul of environmental legislation, as promised by the federal Liberal Party as part of its election platform. 

In November 2015, Prime Minister Justin Trudeau published mandate letters to his cabinet ministers ...

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As described in our recent previous blog posts[1], on February 8, 2018 the federal government introduced Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts. Bill C-69 overhauls the federal environmental assessment process for major projects.

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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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As reported in our initial blog post, on February 8, 2018, the federal government introduced Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, which, among other things, would enact the Canadian Energy Regulator Act (“CER Act”) and repeal ...
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On February 8, 2018, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, was introduced for first reading. Part 1 of Bill C-69 will repeal the Canadian Environmental Assessment Act, 2012 ("CEAA, 2012") and enact the Impact Assessment Act (the ...

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Over the past 14 months, the Federal Government has been working to review environmental and regulatory processes and to rebuild public trust in these systems. Our posts of June 26, 2016 and April 7, 2017 discuss the Federal Government’s proposed scope of the review and highlight the recommendations provided by an expert panel with respect to the review. The review ...

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The Supreme Court of Canada (“SCC”) rendered its decision in Ktunaxa Nation v. British Columbia (Forest, Lands and Natural Resources Operations) on November 2, 2017. This decision has important implications for both project proponents and Aboriginal groups in Canada.

Background

The Ktunaxa National Council represents the four Ktunaxa communities in Canada ...

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In 2016, the Government of Canada began reviews of federal environmental legislation and the National Energy Board (NEB).  At the same time, Parliamentary standing committees undertook reviews of changes to federal fisheries and navigable waters laws.  Reports from those four processes were released earlier in 2017.[1]

The Government of Canada has now released a ...

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On May 18, 2017, the Supreme Court of Canada agreed to hear an appeal in an important case that could further define the nature and extent of the Crown's duty to consult Aboriginal people, including the previously unresolved question as to whether the Crown's duty to consult Aboriginal people can be triggered by legislative action.

Background – When Does the Crown Duty to ...

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This is the most recent blog in a series of posts which discuss the proposed recommendations set out by the Expert Panel 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 the Environmental Assessment Processes (the "Report"), released April 5, 2017. This entry will focus on 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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