On May 10, 2022, the Alberta Court of Appeal handed down its decision on the constitutionality of the federal Impact Assessment Act (the “IAA”). The decision, rendered pursuant to a reference to the Court by the Alberta government, held that the IAA and its associated Physical Activities Regulations (the “Regulations”) are unconstitutional as they go beyond the ...
The business of cryptocurrency mining continues to be a hot topic of interest in the Alberta regulatory arena. While the Alberta Utilities Commission (AUC) retains primary jurisdiction over bitcoin mining and the construction and operation of power plants in the province, the Alberta Energy Regulator has recently published Bulletin 2022-12, requesting information ...
Parties engaged in the non-domestic use of groundwater in British Columbia should be advised that March 1, 2022 is the deadline to apply for a water licence. If an existing user has not applied for a licence by this deadline, their groundwater use will be deemed unauthorized. Unauthorized users must either cease all groundwater use immediately or risk provincial fines for ...
On June 17, 2021, a Joint Review Panel (the “Panel”) acting in its capacity as the Alberta Energy Regulator (AER) denied approval of the Grassy Mountain Steelmaking Coal Project (the “Project”), a proposed open-pit coal mine, on the basis that the Project would likely result in significant adverse environmental effects. On January 28, 2022, the Alberta Court of ...
While the term “bitcoin” is a hot topic in Alberta in recent weeks, the physical operations, infrastructure and approvals required to operate a large-scale cryptocurrency operation is unknown to many. Cryptocurrency mining operations require large powerful processors that are used by miners to process and confirm the transaction of digital assets. Imagine a large ...
On June 11, 2021, the B.C. government released its Draft Action Plan relating to the implementation of the Declaration on the Rights of Indigenous Peoples Act (“DRIPA”). The Draft Action Plan arrives two years after the B.C. government unanimously passed DRIPA – ambitious legislation that adopts the United Nations Declaration on the Rights of Indigenous Peoples ...
On June 15, 2021, a new amendment to Rule 016 governing review of Alberta Utilities Commission (‘AUC’ or the ‘Commission’) decisions will take effect. The rationale for the change is described in AUC Bulletin 2021-11 (dated May 6, 2021). Rule 016 sets out the criteria and process through which the Commission’s decisions may be reviewed or varied on ...
On February 1, 2021, new reporting requirements in British Columbia will apply to owners and operators of lands that have been used for specified commercial and industrial uses. These reporting requirements will also trigger environmental investigation requirements to determine whether or not the lands are contaminated.
While the B.C. government believes this will ...
Today, the federal government introduced in Parliament Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act. This blog provides some background on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the new federal bill.
The United Nations Declaration on the Rights of Indigenous Peoples
UNDRIP was passed by the UN ...
On July 16, 2020, the federal government released the Strategic Assessment of Climate Change, July 2020 (“SACC”). The SACC includes rules and obligations that apply to designated projects under the federal Impact Assessment Act (“IAA”). In particular, the SACC outlines requirements for project proponents in relation to greenhouse gas (“GHG”) emissions ...
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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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