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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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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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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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On October 24, 2018, the British Columbia Supreme Court released the latest decision in the West Moberly First Nation’s series of legal challenges to the “Site C” project, a hydroelectric dam, generating station and associated infrastructure, currently under construction along the Peace River in northeastern British Columbia. West Moberly has opposed the ...

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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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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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