Category: Environmental

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B.C. Court Dismisses Regulatory Charges Against a Corporation Due to Unreasonable Delay

January 8, 2018

The British Columbia Provincial Court (Court) recently dismissed charges against a corporation brought under the Fisheries Act and the Environmental Management Act (EMA), based on a finding that there had been unreasonable delay by the Crown, in R. v. HMTQ et al. The Court applied the principles from the 2016 decision of the Supreme Court of Canada (SCC) in R….

Class-Action Climate in Canada: Recent Developments and Growing Trends

December 13, 2017

Class actions across Canada continue to grow in volume and complexity, triggering significant policy and financial implications for businesses in Canada. With the Law Commission of Ontario’s recent announcement that it is reactivating its comprehensive review of class actions in Ontario, we may see important law reform on the horizon to evolve with the changing landscape. Join leading lawyers from…

Alberta Unveils Changes to Its Credit and Offset Regime: What’s in Store for Large Industrial Emitters

December 12, 2017

On December 6, 2017, the Government of Alberta released guidance documents regarding the new Carbon Competitiveness Incentives (CCI) Regulation, which will come into force on January 1, 2018 and replace the existing Specified Gas Emitters Regulation (SGER). While the guidance documents are quite extensive and provide glimpses into what the CCI Regulation will entail, there are also several concepts that…

AER Revises Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals

December 7, 2017

On December 6, 2017, the Alberta Energy Regulator (AER) released a new edition of Directive 067 (New Directive), dealing with the eligibility requirements for acquiring and holding energy licences and approvals in Alberta. This was announced to the public though AER Bulletin 2017-21. The New Directive increases the scrutiny the AER will apply to ensure that licences and approvals are…

Federal Environmental Regulatory Reform Program – Where Are We Now?

November 15, 2017

Last year, the Government of Canada launched a review of key federal environmental and natural resource regulatory laws and processes. Expert panels and parliamentary committees reviewed the laws, consulted with stakeholders, and provided recommendations on: The federal environmental assessment process The National Energy Board Fish habitat protection under the Fisheries Act Navigation protection under the Navigation Protection Act. While the…

A Look Inside B.C.’s New Spill Preparedness and Response Requirements: Who Is Affected and What’s Changed

November 7, 2017

Some companies transporting certain petroleum-based products in British Columbia will have to comply with new spill preparedness and response requirements, after amendments made to the B.C. Environmental Management Act (EMA) came into force on October 30, 2017. Our October 2017 Blakes Bulletin: British Columbia Implements New Spill Reporting Requirements discussed the new spill reporting regime implemented as part of these…

Supreme Court Rejects First Nation’s Spiritual Objection to Ski Resort

November 3, 2017

On November 2, 2017, the Supreme Court of Canada (SCC) ruled in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) that a decision to approve the Jumbo Glacier Resort did not violate the Ktunaxa Nation’s (Ktunaxa) right to freedom of religion and did not breach the Crown’s duty to consult. The decision focuses on the reciprocal obligations…

British Columbia Implements New Spill Reporting Requirements

October 27, 2017

On October 30, 2017, amendments to the spill management regime that were made under the British Columbia Environmental Management Act (EMA) in 2016 will come into force. These amendments will implement a new spill reporting, preparedness and response process in B.C. (for more information, see our April 2016 Blakes Bulletin: B.C. Proposes to Significantly Broaden Requirements for Spill Reporting and…

Did I Forget the “Dam” Licence? A Primer on B.C.’s Regulatory Power Over Water Storage Facilities

October 19, 2017

Should waves of concern wash over British Columbia after the Canadian Centre for Policy Alternatives sent a letter to the B.C. Environmental Assessment Office claiming nearly 60 unlicensed dams were built in northeast B.C. to store fresh water for natural gas fracking operations? The letter claims many of these dams lack proper regulatory authorization, show signs of failing and were…

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

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