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 ...
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 ...
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 ...
Impact benefit agreements (“IBAs”) between industrial proponents and Indigenous groups are becoming an important way for proponents to address regulatory risks and for Indigenous groups to benefit from industrial development in their traditional areas. Because IBAs may contain commercially sensitive information such as financial contributions, employment ...
On Friday, December 1, the Supreme Court of Canada released its decision in the Peel River case that we first reported on here and here. The decision deals with the obligations of the Yukon Government to follow the land use planning process set out in modern land claim agreements with First Nations in Yukon, more specifically the development of a land use plan for the Peel River ...
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 ...
In previous posts, from April, 20 2015 and June 2, 2015, we reported on the federal Extractive Sectors Transparency Measures Act (“ESTMA”) and the requirements it imposes on companies to report certain types of payments made to governments. ESTMA requires reporting companies to report payments made to specified “payees” — governments in Canada and ...
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 ...
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 ...
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.
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