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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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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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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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