Several important changes to the environmental assessment process were introduced with the enactment of the new Canadian Environmental Assessment Act, 2012 (“CEAA 2012”) on July 6, 2012. The Canadian Environmental Assessment Act (1992), has been repealed. As we reported in a previous post, several regulations related to CEAA 2012 have also come into force:
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 The Canadian Environmental Assessment Act, SC 1992, c 37 has been repealed.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 ...
This is the first of two blog posts on the statutory powers of investigation and inspection granted under the federal Fisheries Act, examined through the lens of a recent series of cases beginning with R v Mission Western Developments Ltd., 2010 BCPC 274, involving a property developer charged with harmful alteration of fish habitat contrary to section 35 of the Fisheries ...
On May 9, 2012 the federal Minister of Environment announced the establishment of a three-member Review Panel for the New Prosperity Gold-Copper Mine Project. The panel is established pursuant to s. 33 of the Canadian Environmental Assessment Act (“CEAA”), and its Terms of Reference are posted on the Canadian Environmental Assessment Agency’s website. The Terms ...
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 April 17, 2012 the federal government announced its Plan For Responsible Resource Development, setting out further details on steps to implement proposals for streamlining the federal environmental assessment (“EA”) process. This Plan follows on the heels of the federal budget and the Statutory Review of the Canadian Environmental Assessment Act, which both ...
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 ...
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 ...
As reported in previous issues through its not for profit corporation, the Sandy Pond Alliance has launched a challenge to sections 5 and 27.1, and Schedule 2 of the Metal Mining Effluent Regulations (“MMER”). Where a mining project cannot operate its tailing impoundment area in compliance with the thresholds set out in the MMER, adding a water body to Schedule 2 permits ...
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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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