On July 21, 2014, the new Liquefied Natural Gas Facility Regulation, BC Reg 146/2014, was enacted by the BC Oil and Gas Commission (“OGC”). As the name suggests, the regulation is intended to address regulation of LNG facilities, and also updates LNG-related provisions previously in the Pipeline and Liquefied Natural Gas Facility Regulation, BC Reg 281/2010, which ...
On July 18, 2014 the Province of British Columbia released the long-awaited Kitimat Airshed Study (though completed on April 25, 2014, the study was not previously released pending review).
The study is an independent assessment intended to assist the Province’s regulatory decision-making process by providing information that will be used to ultimately determine ...
Introduction
On June 26, 2014, the Supreme Court of Canada (“SCC”) released its much anticipated decision on Aboriginal title in the Tsilhqot’in case and surprised many by granting the Tsilhqot’in Nation a declaration of Aboriginal title to approximately 200,000 hectares (2,000 km2) of land.
The Tsilhqot’in case is the first case decided by the SCC granting ...
After 115 years under the old regime, the new Water Sustainability Act received Royal Assent on Friday May 20, 2014: an historic occasion to celebrate?
Not quite yet, perhaps. The fact is the vast majority of the new statute will not have the force of law until authorized by the Lieutenant Governor in Council at an unspecified future date (section 219). With new water ...
The Province’s discussion paper Pricing B.C.’s Water has garnered a wide range of opinions since being released in March. As part of the public consultation effort regarding the new Water Sustainability Act (now at 2nd reading in the legislature), the public was given until April 8 to provide its views on water pricing and the Province’s water pricing principles.
On March 11, 2014 the BC government introduced a first reading of the Water Sustainability Act, Bill 18, the culmination of a 4-year initiative to modernize the 100-year old Water Act. Followers of this blog or BC water issues will know that the government released a comprehensive “proposal” regarding the new statute in the fall of 2013 (see our previous blog post here). ...
On November 25, 2013, significant amendments to the fish protection provisions in the federal Fisheries Act came into force. For more information, please see our earlier blog post here.
Authorizations issued by Fisheries and Oceans Canada (DFO) prior to November 25, 2013 continue to be valid, but holders can apply for a review of their authorization to confirm whether it ...
The Province recently approved amendments to the Water Regulation to eliminate minor but inconvenient steps in the permitting process.
BC Regulation 234/2013 amends the Water Regulation to:
i) eliminate the requirement for duplicate signatures on water license applications; and
ii) eliminate the requirement that applicants for certain non-contentious water ...
On November 25, 2013, significant changes to the Fisheries Act come into force. The most significant, and most controversial, change in the legislation is the shift away from “habitat” protection to “fisheries” protection. Fisheries and Oceans Canada (“DFO”) has published a policy, the Fisheries Protection Policy Statement, 2013, and an operational ...
The public comment period on the Province’s proposed new Water Sustainability Act has now closed. With well over 400 submissions, interest in the new (potential) water regime remains very high. Issues of particular note that have been raised include:
- the applicability of the new Act to oil and gas operations, including a possible exemption for deep saline groundwater;
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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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