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 ...

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Posted in Environmental

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 ...

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Posted in Indigenous Law

In a decision being widely reported as a victory for aboriginal interests, the Ontario Superior Court of Justice has issued its reasons in Keewatin v. Ontario (Minister of Natural Resources), 2011 ONSC 4801.  The case turns on wording of the “taking up” clause in Treaty 3, one of the historic treaties in Ontario that were negotiated in the late 1800s and early 1900s.  (In ...

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Posted in Indigenous Law

In Liard First Nation v. Yukon Government and Selwyn Chihong Mining Ltd., 2011 YKSC 55, the Yukon Supreme Court dismissed a challenge to the Yukon Director of Mineral Resources’ (“Decision Body”) decision to allow the Selwyn Resources Underground Exploration Program (“Project”) to proceed by confirming an environmental assessment which concluded that the ...

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Posted in Mining

Québec's Plan Nord, which is to be officially launched shortly, provides for the development of Québec's territory north of the 49th parallel over a 25-year time horizon. Sustainable development is an essential component of Plan Nord, and approximately 50% of the territory will be excluded from all industrial activity under the terms and conditions that are expected be ...

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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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Posted in Mining

The 2011 Federal budget (“Budget 2011”) proposes that the Mineral Exploration Tax Credit, known also as the super flow-through share program, that was due to expire at the end of March 2011 be extended for an additional year to March 31, 2012. The temporary 15-per-cent Mineral Exploration Tax Credit helps companies raise capital by providing an incentive to ...

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On November 2, 2010 Federal Environment Minister Jim Prentice announced that federal authorities would not grant required federal approvals for the proposed Prosperity mine near Williams Lake in interior British Columbiadue to the potential for adverse environmental impacts associated with the project.  The Prosperity project underwent environmental assessments ...

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Ontario’s Open for Business Act, which received Royal Assent on October 25, 2010, included significant amendments to the Ontario Environmental Protection Act and Ontario Water Resources Act intended to reduce administrative burden for businesses seeking operational approvals.  Most will be phased in over time.  Significant changes include the following:

  • Potential ...
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On October 28, 2010, the Supreme Court of Canada issued a unanimous judgment in Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43, affirming the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and Rio Tinto Alcan ...

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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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