Environmental, Indigenous and Natural Resources Blog

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 The Canadian Environmental Assessment Act, SC 1992, c 37 has been repealed.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 ...

On April 26, 2012, the Federal Government introduced Bill C-38, which implements various components of Canada’s 2012 federal budget announced on March 29, 2012 and in its April 17, 2012 Plan for Responsible Resource Development.  The most significant change included in the bill is the complete repeal and replacement of the Canadian Environmental Assessment Act

On March 13, 2012, the Standing Committee on Environment and Sustainable Development issued recommendations for improving the Canadian Environmental Assessment Act (CEAA) process (click on Print Format for the complete report).

The recommendations focus on:

• improving timeliness;
• decreasing duplication with provincial processes;
• improving aboriginal ...

In a January 3, 2012 decision illustrating that the “free entry” mining system in Ontario may be limited by Aboriginal consultation, Madam Justice Carole Brown of the Ontario Superior Court of Justice granted the Wahgoshig First Nation an injunction against junior mining company Solid Gold Resources Inc.  Wahgoshig argued that they must be consulted about ...

On December 2, 2011, the members of the Xeni Gwet’in First Nation Government and the Tsilhqot’in Nation successfully obtained an injunction against Taseko Mines to carry out geotechnical drilling in support of its preparation of an environmental assessment of its revised New Prosperity Mine Project (see Taseko Mines Limited v. Phillips, 2011 BCSC 1675).  The two ...

Ontario has made major amendments to the Environment Quality Act (the EQA) which came into force on November 4, 2011 which significantly increase potential fines for offences. The maximum fine that may be imposed on a legal person is increased to $6 million ($1 million for a natural person). The minimum and maximum fines double for a second offence and triple for a subsequent ...

The Ontario Court of Appeal has overturned the July 6, 2010 decision of the Honourable Mr. Justice Henderson in Smith v. Inco Ltd (2011 ONCA 628), setting aside the initial award of $36 million in damages.  At trial, the claimants successfully argued that the value of their properties were diminished because of nickel contamination originating from Inco’s refinery in Port ...

In a decision being widely reported as a victory for aboriginal interests, the Ontario Superior Court of Justice has issued its reasons in Keewatin v. Ontario (Minister of Natural Resources), 2011 ONSC 4801.  The case turns on wording of the “taking up” clause in Treaty 3, one of the historic treaties in Ontario that were negotiated in the late 1800s and early 1900s.  (In ...

In Liard First Nation v. Yukon Government and Selwyn Chihong Mining Ltd., 2011 YKSC 55, the Yukon Supreme Court dismissed a challenge to the Yukon Director of Mineral Resources’ (“Decision Body”) decision to allow the Selwyn Resources Underground Exploration Program (“Project”) to proceed by confirming an environmental assessment which concluded that the ...

Québec's Plan Nord, which is to be officially launched shortly, provides for the development of Québec's territory north of the 49th parallel over a 25-year time horizon. Sustainable development is an essential component of Plan Nord, and approximately 50% of the territory will be excluded from all industrial activity under the terms and conditions that are expected be ...