On May 9, 2012 the federal Minister of Environment announced the establishment of a three-member Review Panel for the New Prosperity Gold-Copper Mine Project. The panel is established pursuant to s. 33 of the Canadian Environmental Assessment Act (“CEAA”), and its Terms of Reference are posted on the Canadian Environmental Assessment Agency’s website. The Terms ...
On April 26, 2012, the Federal Government introduced Bill C-38, which implements various components of Canada’s 2012 federal budget announced on March 29, 2012 and in its April 17, 2012 Plan for Responsible Resource Development. The most significant change included in the bill is the complete repeal and replacement of the Canadian Environmental Assessment Act
On April 17, 2012 the federal government announced its Plan For Responsible Resource Development, setting out further details on steps to implement proposals for streamlining the federal environmental assessment (“EA”) process. This Plan follows on the heels of the federal budget and the Statutory Review of the Canadian Environmental Assessment Act, which both ...
On March 13, 2012, the Standing Committee on Environment and Sustainable Development issued recommendations for improving the Canadian Environmental Assessment Act (CEAA) process (click on Print Format for the complete report).
The recommendations focus on:
- improving timeliness;
- decreasing duplication with provincial processes;
- improving aboriginal ...
On December 2, 2011, the members of the Xeni Gwet’in First Nation Government and the Tsilhqot’in Nation successfully obtained an injunction against Taseko Mines to carry out geotechnical drilling in support of its preparation of an environmental assessment of its revised New Prosperity Mine Project (see Taseko Mines Limited v. Phillips, 2011 BCSC 1675). The two ...
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 ...
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 ...
Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, was introduced in the House of Commons on March 30, 2010.
Of particular interest is Part 20 of the Act, which purports to amend the Canadian Environmental Assessment Act (“CEAA”) to streamline certain process requirements for comprehensive studies ...
On December 18, 2008, MiningWatch Canada(“MiningWatch”) was granted leave to appeal the decision of the Federal Court of Appeal in MiningWatch Canada, et al. v. Minister of Fisheries and Oceans, et. al to the Supreme Court of Canada. The decision relates to the environmental assessment that has been carried out to date on the Red Chris Project, a proposed copper and gold ...
On September 25, 2007, a Federal Court Trial Judge in MiningWatch Canada v. Canada (Fisheries and Oceans), 2007 FC 955 allowed an application by MiningWatch Canada challenging the legality of decisions/actions taken by the Department of Fisheries and Oceans (“DFO”) and Natural Resources Canada in conducting the environmental assessment of a proposed copper and ...
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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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