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;
New regulations under CEAA 2012 came into force on October 24, 2013, changing the triggers for determining which projects are subject to federal environmental assessment. The Regulations Amending the Regulations Designating Physical Activities replace the Schedule of physical activities that constitute designated projects under the existing Regulation, and ...
Castonguay Blasting Ltd. v. Ontario (Environment), 2013 SCC 52 is the latest Supreme Court of Canada decision to confirm the expansive approach courts may take to the interpretation of environmental protection legislation.
During the course Castonguay’s blasting operations for a highway-widening project, rock debris known as “fly-rock” was accidentally ...
On October 18, 2013 the BC government released a long-awaited “proposal” to replace the 100+ year-old Water Act. Four years in the making, the lengthy description of what the new Water Sustainability Act would be and how it would work is available here. No draft legislation has been provided, and the Province continues to seek public input until November 15, 2013. ...
On September 26, 2013 the BC Court of Appeal released its decision in Louis v. British Columbia. The decision is a reaffirmation of the principles to be applied when Aboriginal groups seek consultation in respect of past wrongs or previous breaches of the duty to consult.
Background
The province of British Columbia granted an indefinite permit to mine molybdenum at the ...
On September 19, the Supreme Court of Canada issued two important leave to appeal decisions on cases that will be of interest to project proponents.
- In the first case, the Court declined to hear the appeal in Ross River Dena Council v. Government of Yukon, 2012 YKCA 14. The case dealt with the Yukon Government’s duty to consult with First Nations when allowing mineral ...
On August 16, 2013, the Government of Alberta released its new Policy on Consultation with First Nations on Land and Natural Resource Management dated June 3, 2013 (the “Consultation Policy”), as well as revised drafts of the Corporate Guidelines for First Nations Consultation Activities (the “Draft Corporate Guidelines”), and the First Nations Consultation ...
On May 17, 2013 the Supreme Court of British Columbia released its decision in David Suzuki Foundation v. British Columbia (Ministry of Environment), 2013 BCSC 874. The case concerned Holmes Hydro Inc.’s plans to build hydroelectric plants on 10 tributaries of the Holmes River. The issue was whether the plan required environmental assessment under section 5 of the ...
On May 9th 2013, the Supreme Court of Canada released its decision in Behn v Moulton Contracting Ltd, 2013 SCC 26. The decision provides important commentary on the Crown’s duty to consult Aboriginal people.
Background
Moulton Contracting Ltd., a forestry company, was granted two timber sale licences and a road permit (the “Authorizations”) by the British Columbia ...
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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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