Among the extensive changes to the Canadian environmental legislation introduced through Bill C-69, the Federal Government will also amend the current Navigation Protection Act and rename it the Canadian Navigable Waters Act ("CNWA"). Key changes to the navigable waters regime include:
- A comprehensive statutory definition of 'navigable water' that broadens the ...
On February 6, 2018, the federal government introduced Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence. Bill C-68 is part of an overhaul of environmental legislation, as promised by the federal Liberal Party as part of its election platform.
In November 2015, Prime Minister Justin Trudeau published mandate letters to his cabinet ministers ...
As described in our recent previous blog posts[1], on February 8, 2018 the federal government introduced 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. Bill C-69 overhauls the federal environmental assessment process for major projects.
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 ...
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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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