Project Law Blog

Tag Archives: Fisheries Act

Canada Releases Discussion Paper on Proposed Changes to Federal Environmental and Regulatory Reviews

Posted in Aboriginal, Administrative Law, Constitutional Law, Environmental, Project Permitting, Public Law, Regulatory
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In 2016, the Government of Canada began reviews of federal environmental legislation and the National Energy Board (NEB).  At the same time, Parliamentary standing committees undertook reviews of changes to federal fisheries and navigable waters laws.  Reports from those four processes were released earlier in 2017.[1] The Government of Canada has now released a discussion… 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

February 2014 Deadline for Requests to Review DFO Authorizations Approaching

Posted in Environmental, Regulatory, Regulatory Compliance
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On November 25, 2013, significant amendments to the fish protection provisions in the federal Fisheries Act came into force.  For more information, please see our earlier blog post here. Authorizations issued by Fisheries and Oceans Canada (DFO) prior to November 25, 2013 continue to be valid, but holders can apply for a review of their… Continue Reading

Significant Amendments to Fisheries Act in Force on November 25, 2013

Posted in Environmental, Regulatory, Regulatory Compliance
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On November 25, 2013, significant changes to the Fisheries Act come into force.  The most significant, and most controversial, change in the legislation is the shift away from “habitat” protection to “fisheries” protection.   Fisheries and Oceans Canada (“DFO”) has published a policy, the Fisheries Protection Policy Statement, 2013, and an operational approach, the Operational Approach,… Continue Reading

BC Court of Appeal Further Blurs the Line Between Regulatory Investigations and Inspections

Posted in Environmental, Regulatory Compliance
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This is the first of two blog posts on the statutory powers of investigation and inspection granted under the federal Fisheries Act, examined through the lens of a recent series of cases beginning with R v Mission Western Developments Ltd., 2010 BCPC 274, involving a property developer charged with harmful alteration of fish habitat contrary… 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

Update: Sandy Pond Alliance to Protect Canadian Waters Inc. v. Attorney General of Canada

Posted in Environmental, Mining
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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… Continue Reading