Category: Environmental

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Quebec Environment Minister Aims to Modernize Environmental Approval Process

February 27, 2015

  On February 25, 2015, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change David Heurtel, announced a proposal to modernize the current environmental authorization regime provided for in the Environment Quality Act (EQA). The Minister stated that the process needed to be more clear, more efficient and predictable. The modernization of the EQA and the…

Procedures Introduced to Administer and Coordinate First Nation Consultation

February 10, 2015

  On February 4, 2015, the Aboriginal Consultation Office (ACO) and the Alberta Energy Regulator (AER) released the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (Procedures). The Procedures were released in accordance with Energy Ministerial Order 105/2014 and Environment and Sustainable Resource Development Ministerial Order 53/2014 (Orders).   The Procedures expand upon The Government of Alberta’s…

Alberta Replaces Ministerial Order on Aboriginal Consultation

November 19, 2014

  On October 31, 2014, Alberta’s Minister of Energy and Minister of Environment and Sustainable Resource Development issued Energy Ministerial Order 105/2014, the Aboriginal Consultation Direction (Second Direction). This order repeals Ministerial Order 141/2013 and replaces the previous Aboriginal Consultation Direction issued on November 26, 2013 (First Direction).   From an industry perspective, the significance of the Second Direction is…

B.C. Introduces New GHG Regulations, Focuses on LNG Facilities

October 23, 2014

  On October 20, 2014 the British Columbia government introduced new legislation to control greenhouse gas (GHG) emissions from industrial operations. Bill 2, the Greenhouse Gas Industrial Reporting and Control Actmarks a significant shift in the province’s approach to GHGs and more closely aligns B.C. with the approach taken by Alberta and the federal government. Of note, the bill proposes…

Alberta Finalizes First Nation Consultation Guidelines

August 5, 2014

On July 28, 2014, the Government of Alberta released the final version of its Guidelines on Consultation with First Nations on Land and Natural Resource Management (Guidelines). The Guidelines, and the Government of Alberta’s Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (Policy), replace its former 2005 policy and 2007 guidelines. For industry, the primary…

Shifting Currents: Legal Protection of Whales and Waterways

July 21, 2014

  The federal government recently released a proposal to acknowledge the improved status of the northern Pacific population of the humpback whale through downlisting of its legal status under the Species at Risk Act (SARA). The proposal has spotlighted the potential implications of changes in legal status of endangered species for resource operations and provides a specific example of why being aware…

Ontario Can “Take Up” Lands Under Treaty 3 Without Seeking Federal Approval

July 11, 2014

Today, the Supreme Court of Canada (SCC) released its decision in the Keewatin case, confirming that Ontario can “take up” lands in Treaty 3, in northwestern Ontario, without requiring preapproval from the federal government. This decision confirms that the provinces retain jurisdiction, as defined in the Constitution, over land ceded to the Crown by treaty with First Nations. The court also took…

Ontario Can “Take Up” Lands Under Treaty 3 Without Seeking Federal Approval

July 11, 2014

Today, the Supreme Court of Canada (SCC) released its decision in the Keewatin case, confirming that Ontario can “take up” lands in Treaty 3, in northwestern Ontario, without requiring preapproval from the federal government. This decision confirms that the provinces retain jurisdiction, as defined in the Constitution, over land ceded to the Crown by treaty with First Nations. The court…

Supreme Court of Canada Releases Landmark Aboriginal Title Case

June 26, 2014

  Today the Supreme Court of Canada (SCC) released its unanimous decision in the Tsilhqot’in Nation v. British Columbia case (generally known as the Roger William case), upholding the First Nation’s claim to aboriginal title and rights over a portion of its traditional territory. This is the first case in which the SCC has confirmed aboriginal title over specific areas of land. The SCC…

New Fisheries Act Regulation Anticipates Streamlining With Provincial Approvals‎

May 8, 2014

  On April 10, 2014, the federal cabinet granted the Minister of Fisheries and Oceans the power to issue regulations allowing certain deposits of deleterious substances, provided they are authorized under other federal or provincial laws or guidelines. This may turn out to be one of the most significant actions arising from changes made to the Fisheries Act in 2012.   The Fisheries…

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