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 ...
On September 23, 2015, the Alberta Energy Regulator released Bulletin 2015-28: “Posting of Participation and Procedural Decisions” a significant change in the AER’s practice with respect to the publishing of its decisions. Until now, relatively few AER decisions were directly available on the AER’s website. To date, only five AER decisions from 2015 have been ...
On July 7, 2015, Alberta’s Premier Rachel Notley directed her Cabinet Ministers to review their Ministries’ policies, programs and legislation that may require changes based on the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). Premier Notley tasked her Ministers to “engage directly with Indigenous people to ...
On June 9, 2015, the Alberta Energy Regulator (“AER”) and the Aboriginal Consultation Office (“ACO”) released revised Joint Operating Procedures for First Nations Consultation on Energy Resources Activities (the “Revised Operating Procedures”). Bulletin 2015-20, detailing the revisions, was released by the AER on June 10, 2015. The Revised ...
On May 15, 2015, the federal government announced that it will commit to reducing its greenhouse gas emissions by 30 per cent below 2005 levels by 2030. New regulations for Canada's oil and gas sector, as well as regulations on natural gas electrical plants, will be introduced. Canada's Environment Minister, Leona Aglukkaq, stated that she will be meeting with provincial ...
The duty to consult is a Crown responsibility. But what happens when the Crown’s consultation is inadequate? Can a company that suffers losses as a result claim compensation from the Crown? A recent decision of the British Columbia Court of Appeal in Moulton Contracting Ltd. v British Columbia, 2015 BCCA 89 indicates that it will be very difficult for companies to seek ...
The Supreme Court of the Northwest Territories has granted an injunction to the Tlicho Government suspending the implementation of the Mackenzie Valley “Superboard” legislation. Creation of the Mackenzie Valley “Superboard” is contemplated in amendments to the Mackenzie Valley Resource Management Act (MVRMA) contained in the Northwest Territories ...
On February 4, 2015, the Alberta Energy Regulator (“AER”) and the Aboriginal Consultation Office (“ACO”) released the Joint Operating Procedures for First Nations Consultation on Energy Resources Activities (the “Operating Procedures”).
The Operating Procedures set out a framework to administer and coordinate the operations of the ACO and AER on ...
On January 27, 2015, the federal government accepted the Nunavut Impact Review Board (NIRB)’s recommendation — submitted in October 2014 and supported by 127 terms and conditions — to approve Agnico Eagle’s Meliadine planned gold mine in the territory’s Kivalliq region. “It is evident that the board met its primary objectives … to protect and promote the ...
In yet another indication of the increasing prominence of water use issues in BC, the Supreme Court of British Columbia recently upheld the practice of the BC Oil and Gas Commission to grant recurrent short-term water approvals for oil and gas activities under the Water Act. In Western Canada Wilderness Committee v British Columbia (Oil and Gas Commission), 2014 BCSC 1919
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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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