We previously reported on this case (at the Supreme Court Level) here.
On appeal (Cordy Environmental Inc. v. Obsidian Energy Ltd., 2024 BCCA 226) the B.C. Court of Appeal has now reversed that decision, and clarified the law on recoverability of contractor costs under the Environmental Management Act, SBC 2003, c.3 (the “EMA”).
In the decision below, the ...
On August 3, 2023 the Alberta Utilities Commission (“AUC”), the regulatory body responsible for approving power projects in Alberta, announced a pause on all approvals of power plants and hydro-electric developments that produced greater than one megawatt of renewable electricity. The Alberta government stated that the pause was needed to ensure an affordable and ...
The Supreme Court of British Columbia has given the Province (specifically, the Chief Gold Commissioner (“CGC”) – the decision-maker under the Mineral Tenure Act (“MTA”)) 18 months to design and implement a process that provides for consultation with Indigenous groups adversely affected by the system of issuing mineral claims under the MTA in their ...
On December 21, 2022, Order in Council No. 692 (OIC 692) came into effect, ultimately subjecting the BC Utilities Commission (BCUC) to the Direction entitled “British Columbia Utilities Commission Respecting Cryptocurrency Mining Projects” (the Direction).[1] Ultimately, OIC 692 aims to preserve B.C.’s clean electricity supply to support the Province’s ...
On May 10, 2022, the Alberta Court of Appeal handed down its decision on the constitutionality of the federal Impact Assessment Act (the “IAA”). The decision, rendered pursuant to a reference to the Court by the Alberta government, held that the IAA and its associated Physical Activities Regulations (the “Regulations”) are unconstitutional as they go beyond the ...
Parties engaged in the non-domestic use of groundwater in British Columbia should be advised that March 1, 2022 is the deadline to apply for a water licence. If an existing user has not applied for a licence by this deadline, their groundwater use will be deemed unauthorized. Unauthorized users must either cease all groundwater use immediately or risk provincial fines for ...
On June 17, 2021, a Joint Review Panel (the “Panel”) acting in its capacity as the Alberta Energy Regulator (AER) denied approval of the Grassy Mountain Steelmaking Coal Project (the “Project”), a proposed open-pit coal mine, on the basis that the Project would likely result in significant adverse environmental effects. On January 28, 2022, the Alberta Court of ...
On February 1, 2021, new reporting requirements in British Columbia will apply to owners and operators of lands that have been used for specified commercial and industrial uses. These reporting requirements will also trigger environmental investigation requirements to determine whether or not the lands are contaminated.
While the B.C. government believes this will ...
On July 16, 2020, the federal government released the Strategic Assessment of Climate Change, July 2020 (“SACC”). The SACC includes rules and obligations that apply to designated projects under the federal Impact Assessment Act (“IAA”). In particular, the SACC outlines requirements for project proponents in relation to greenhouse gas (“GHG”) emissions ...
On December 16, 2019, the long awaited Environmental Assessment Act, R.S.B.C. 2018, c. 51 (the “New BCEAA”) will come into force. Despite having received royal assent on November 27, 2018, the New BCEAA was not brought into force for over a year largely due to the need for further development of policies and regulations to support it. While questions remain about ...
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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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