Project Law Blog

Tag Archives: Canadian Environmental Assessment Act

Federal Environmental Assessment – What’s Next – A Single Impact Assessment Authority

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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Over the past week, the Project Law Blog has been discussing the recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the “Report”). We have provided an… Continue Reading

Indigenous Considerations in the Expert Panel Report on Federal Environmental Assessment Processes

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Law, Regulatory, Regulatory Compliance
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Our April 7 post on the report of the Expert Panel reviewing federal environmental assessment processes noted that the report contains recommendations for greater inclusion of Indigenous peoples in federal environmental assessment processes. This post looks in more detail at the report’s key recommendations and commentary on that subject. Overall, the Expert Panel report envisions a… Continue Reading

Federal Environmental Assessment – What’s Next? – Expert Panel Releases Report

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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On April 5, 2017, an Expert Panel established by the Minister of Environment and Climate Change (the “Panel”) released its report, Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the “Report”). Our post of June 26, 2016 discussed… Continue Reading

Federal Government Announces Review of Key Environmental and Regulatory Legislation and Processes

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Public Utility, Regulatory, Regulatory Compliance
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On June 20, 2016 the Government of Canada announced its review of several environmental and regulatory processes. The review will focus on three areas: the federal Environmental Assessment process, which was revised in 2012 by the Conservative government, modernization of the National Energy Board, and the federal Fisheries Act and Navigation Protection Act, both of… Continue Reading

BC Supreme Court Revisits Issue of Federal Paramountcy

Posted in Aboriginal, Consultation, Environmental, Mining, Oil & Gas Law, Project Development, Project Permitting, Regulatory, Regulatory Compliance
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On January 14, the Supreme Court of British Columbia found that the Province had improperly abdicated its decision making authority with respect to the Enbridge Northern Gateway Project by entering into an Equivalency Agreement with the federal government. Furthermore, the Court found that the Province had breached its duty to consult with First Nations by… Continue Reading

Changes to “Designated Projects” Triggers under the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”) Are Now In Force

Posted in Environmental, Project Development
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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 change or add a number of definitions…. Continue Reading

Canadian Environmental Assessment Act, 2012 – Training Materials Available

Posted in Environmental
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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 have… Continue Reading

B.C. Mining Project Denied

Posted in Environmental, Mining
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B.C. Environment Minister Terry Lake and Energy, Mines and Natural Gas Minister Rich Coleman refused to issue an Environmental Assessment Certificate (“EAC”) to Pacific Booker Minerals Inc. for its proposed Morrison Copper/Gold Mine project near Smithers. The decision by Ministers Lake and Coleman is in accordance with the recommendation of the Executive Director of the… Continue Reading

Introduction to the Canadian Environmental Assessment Act, 2012

Posted in Environmental
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Several important changes to the environmental assessment process were introduced with the enactment of the new Canadian Environmental Assessment Act, 2012 (“CEAA 2012”) on July 6, 2012. The Canadian Environmental Assessment Act (1992), has been repealed. As we reported in a previous post, several regulations related to CEAA 2012 have also come into force: Prescribed… Continue Reading

New Canadian Environmental Assessment Act in Force / Important Amendments to National Energy Board Act in Force

Posted in Environmental
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The new Canadian Environmental Assessment Act, 2012, came into force on July 6, 2012. The Canadian Environmental Assessment Act, SC 1992, c 37 has been repealed. As the official version of the Act has not been posted to the Department of Justice website, the public must, for now, refer to sections 52 to 63 and… Continue Reading

Federal Environmental Assessment Panel Established for New Prosperity Gold-Copper Mine Project

Posted in Environmental, Mining
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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… Continue Reading

Significant Revisions Ahead for Federal Environmental Laws

Posted in Environmental
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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… Continue Reading

Environmental Assessment Streamlining Federal Government Initiatives

Posted in Environmental
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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 suggested that… Continue Reading

Environmental Assessment – Improving the Process

Posted in Environmental
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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 consultation processes; and improving outcomes. Expectations are that some of the… Continue Reading

Federal Government Accepts Prosperity Mine Federal Panel Recommendation

Posted in Environmental, Mining
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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 under provincial legislation and the Canadian Environmental… Continue Reading

Red Chris Appeal to be heard by Supreme Court of Canada

Posted in Mining
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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… Continue Reading

Federal Court Casts Uncertainty on Federal Environmental Assessment Process

Posted in Mining
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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 gold… Continue Reading