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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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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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On June 20, 2016 the Government of Canada announced its review of several environmental and regulatory processes. The review will focus on three areas:

  • the federal Environmental Assessment process, which was revised in 2012 by the Conservative government,
  • modernization of the National Energy Board, and
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On January 14, the Supreme Court of British Columbia found that the Province had improperly abdicated its decision making authority with respect to the Enbridge Northern Gateway Project by entering into an Equivalency Agreement with the federal government. Furthermore, the Court found that the Province had breached its duty to consult with First Nations by not ...

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In a set of press releases issued today (here and here), the Government of Canada announced 5 principles that it says will guide its discretionary decision-making for projects being reviewed in environmental assessment, along with a set of interim measures it says will be implemented in two existing pipeline reviews.

While today’s announcements will likely have an ...

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Posted in Environmental

The new Canadian Environmental Assessment Act, 2012, came into force on July 6, 2012. The Canadian Environmental Assessment Act, SC 1992, c 37 has been repealed.

As the official version of the Act has not been posted to the Department of Justice website, the public must, for now, refer to sections 52 to 63 and 66 of the Jobs, Growth and Long-term Prosperity Act (Bill C-38). We ...

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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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