Category: Environmental

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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…

​Supreme Court Won’t Bring Order to ‘Untidy Intersection’ Between Environmental Law and Insolvency

April 22, 2014

  On April 17, 2014, the Supreme Court of Canada denied leave to appeal to Nortel from the decision rendered by the Ontario Court of Appeal last October. For additional details and commentary on the decision of the Ontario Court of Appeal, please see our November 2013 Blakes Bulletin: Ontario Court of Appeal Applies AbitibiBowater Test in Concurrent Decisions.   For…

New Quebec Liberal Government’s Commitments on Environmental and Energy Matters

April 15, 2014

  Quebecers held a general election on April 7, 2014 and elected a majority government led by the Quebec Liberal Party. During its campaign, the Quebec Liberal Party (Liberal Party) made certain electoral commitments with respect to environmental and energy issues. Below is an overview of what we can expect in terms of policy developments on these issues based on…

Agreeing (How) to Disagree: Dispute Resolution Clauses in Impact Benefit Agreements with First Nations

March 19, 2014

  First Nations and resource companies commonly enter into impact benefit agreements (IBAs) and other related economic benefit agreements when a resource development project may potentially impact First Nations’ rights. While the avoidance of disputes is often the impetus behind IBAs, one often overlooked element of the IBA is how any future disputes under the IBA itself will be addressed….

B.C. Environmental Appeal Board Constrains Environmental Permitting

February 19, 2014

  A recent decision of the British Columbia Environmental Appeal Board (Board) narrows the scope of the Ministry of Environment’s considerations when determining whether permits should be issued under the Environmental Management Act (EMA), and will likely reduce the scope of future appeals to the Board.   The Board’s decision in Ronald Witherspoon et al. v. Director, Environmental Management Act involved five appeals of…

Aboriginal Issues in Project Development and Financing: Designing Practical Strategies

April 23, 2013

Addressing aboriginal and treaty issues is integral to successfully developing or financing a wide range of projects, including oil and gas, mining, renewable energy, real estate, forestry, and infrastructure such as pipelines, highways, port development and electrical transmission facilities. Please join us as we discuss the practical implications of this evolution of the legal landscape for the private sector in…

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