Category: Environmental

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Court Rules SARA Emergency Orders are Valid and Compensation May Be Available

September 18, 2018

In a recent ruling, the Federal Court of Canada (Court) confirmed the validity of an emergency order that impacts a private housing development in the suburbs of Montréal and the constitutional validity of the provision of the Species at Risk Act (SARA), which allows such emergency orders to be made. This is the first decision from a Canadian court that…

B.C. Environmental Appeal Board Refuses Expert Opinion from Consultant Who Acted As Agent

August 9, 2018

The British Columbia Environment Appeal Board (Board) recently ruled that a consultant who had acted as agent for one of the parties to an environmental appeal could not testify as an expert witness on behalf of that party. Parties seeking assistance from their technical experts in applications for regulatory permits or subsequent appeals should exercise caution before having them assist…

Canada Signs the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

March 9, 2018

On March 8, 2018, Canada signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an agreement between the 11 remaining signatories to the Trans-Pacific Partnership (TPP) after the United States withdrew from the TPP. Canada was joined in signing the CPTPP by Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Upon entry into force, the…

Implementing the Environment Quality Act – Quebec Government Publishes 24 Draft Regulations

March 5, 2018

CONTEXT On February 14, 2018, the Government of Quebec published 24 draft regulations that seek to implement amendments to the Environment Quality Act (EQA), as part of the modernization of its environmental approval scheme. The new draft regulations follow the publication of the draft Regulation respecting the environmental impact assessment and review of certain projects on December 13, 2017. These…

Federal Government Overhauls Canadian Environmental Legislation

February 12, 2018

The federal government has, as promised, introduced two new pieces of legislation which together, overhaul the federal environmental assessment (now to be re-named impact assessment) regime in Canada; replace the National Energy Board (NEB) with a new Tribunal; and significantly amend fisheries and navigable waters legislation. Bill C-68 addresses the Fisheries Act modernization while Bill C-69 covers the other three…

Courts Issue Guidance for Litigation-Privileged Documents During Regulatory Investigations

January 30, 2018

Certain incidents at a worksite or industrial facility may trigger statutory reporting or investigative requirements. Companies may also want to conduct their own litigation-privileged internal investigation of the same incidents. Two recent Alberta and Saskatchewan cases provide guidance as to whether and when privilege can be claimed over internal investigation materials and when those materials must be produced to regulators….

Canada Unveils Framework for National Clean Fuel Standard

January 17, 2018

The Environment and Climate Change Canada (ECCC) recently released the regulatory framework outlining the proposed design of Canada’s Clean Fuel Standard (Standard), a critical element of Canada’s climate strategy that is designed to drive clean growth and reduce greenhouse gas (GHG) emissions. OVERVIEW The Standard will be implemented by way of a regulation that will be put in place under…

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….

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…

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