On Wednesday, May 8, the Alberta government introduced Bill 22, the Aboriginal Consultation Levy Act, in the Alberta Legislature. Bill 22 is being introduced as part of the Alberta government’s overhaul of regulatory and Aboriginal consultation processes in the province.
Consultation Levy Fund Established
Bill 22 would establish a Consultation Levy Fund, which ...
The Government of Alberta has announced that it is holding public consultations as part of its process to develop the new regulations under the Responsible Energy Development Act. These regulations will set out the details regarding how the new Alberta Energy Regulator will function in practice. The Calgary session will take place on February 25, 2013 from 9:00 a.m. to ...
On December 27th, 2012, the Court of Appeal for Yukon released its decision 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 claims to be recorded on land with asserted Aboriginal rights and title claims. The case arose as a result of the “open entry” claim ...
On January 8, 2013, the Federal Court released its decision in Daniels v Canada, 2013 FC 6, a case involving the scope of the word “Indian” under section 91(24) of the Constitution Act, 1867. The plaintiffs sought a declaration that Métis and non-status Indians (“MNSI”) are “Indians” for the purposes of section 91(24) of the Constitution Act, 1867.
The Court ...
On December 10, 2012, the Responsible Energy Development Act (“REDA”) received royal assent. Under REDA, the Alberta Energy Resources Conservation Board and certain regulatory functions of the Ministry of Environment and Sustainable Resource Development will be replaced with a new single provincial regulator for all oil, gas, oil sands and coal projects in the ...
In previous posts we discussed several major changes to the federal environmental assessment process that were introduced when the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”) came into force in July 2012.
In November 2012, we delivered two seminars on the new environmental assessment process. The seminars were very well attended, and many attendees ...
On November 30, 2012 the federal government denied approval for the EnCana Shallow Gas Infill Development Project in the Suffield National Wildlife Area (the “Project”), due to the likelihood of significant adverse environmental effects.
The federal environmental assessment (“EA”) for this Project was first commenced on October 26, 2005. The Joint Review ...
In a previous post, we highlighted the October 26, 2012 decision of the Joint Review Panel (“JRP”) in the Shell Jackpine Mine Expansion hearing regarding its jurisdiction to determine whether Crown consultation obligations had been discharged. The JRP concluded in that decision that its statutory jurisdiction did not include the authority to determine the adequacy ...
On October 24, 2012, the Government of Alberta introduced Bill 2: the Responsible Energy Development Act (“REDA”). If enacted, REDA will establish a single energy regulator and create a new regulatory framework for energy resource projects in Alberta.
British Columbia has become the latest North American jurisdiction to give utility regulators – in this case the BC Utilities Commission - the power to impose “administrative penalties”. Administrative penalties are like fines, but are imposed directly by the regulator outside the court process. The fines can range from $25,000 to $1,000,000 per day, depending on ...
About Us
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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