McCarthy Tetrault

B.C. Court of Appeal Provides Guidance on the Relevance of Climate Change Impacts in Administrative Decision Making

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Courtesy of McCarthy. Original article here. In Highlands District Community Association v. British Columbia (Attorney General),[1] the British Columbia Court of Appeal considered whether a mines inspector’s decision to approve a proposed small-scale rock quarry under the Mines Act was unreasonable because he declined to consider climate change impacts. In upholding the inspector’s decision, the court concluded that, while… [Read More…] about B.C. Court of Appeal Provides Guidance on the Relevance of Climate Change Impacts in Administrative Decision Making

Federal Government Announces Certain Tax Incentives for Clean Energy and Zero-Emission Technology

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Courtesy of McCarthy Tetrault. View original article here. On April 19, 2021, Deputy Prime Minister and Finance Minister Chrystia Freeland tabled in the House of Commons the Liberal Government’s first federal budget in more than two years, A Recovery Plan for Jobs, Growth, and Resilience (“Budget 2021”).  Budget 2021 proposes to: make changes to the eligibility criteria… [Read More…] about Federal Government Announces Certain Tax Incentives for Clean Energy and Zero-Emission Technology

Aiming for Maximum (GHG) Impacts

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Courtsey of McCarthy Tetrault. View original article here. On July 17, 2020, the Government of Canada published its Strategic Assessment of Climate Change (SACC), which will be used to assess the impacts of climate change in federal impact assessments conducted under the federal Impact Assessment Act (IAA). The SACC is deemed a strategic assessment under section 95 of the… [Read More…] about Aiming for Maximum (GHG) Impacts

BC Introduces Proposed Amendments to the Mines Act

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Courtesy of McCarthy Tetrault. View original article here. The BC government has introduced proposed changes to the Mines Act (the Act) in Bill 6 (Mines Amendment Act, 2020), which passed its First Reading in the Legislative Assembly on June 22, 2020. The proposed changes were developed in response to lessons learned from the 2014 tailings spill at the Mount… [Read More…] about BC Introduces Proposed Amendments to the Mines Act

Indigenous Implications of Bills C-69 and C-68 – Worth a Second Look

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Courtesy of McCarthy Tetrault. View original article here. On August 28, 2019, Canada’s new federal environmental legislation under Bill C-69 (including the Impact Assessment Act (IAA), Canadian Energy Regulator Act (CERA), and Canadian Navigable Waters Act (CNWA)) and Bill C-68 (amendments to the Fisheries Act and other Acts in consequence) came into force.  These new statutes and legislative amendments introduce… [Read More…] about Indigenous Implications of Bills C-69 and C-68 – Worth a Second Look

From Environmental Assessments to Impact Assessments: New Federal Impact Assessment Act Coming Into Force Soon

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Courtesy of McCarthy Tetrault. View original article here. On August 28, 2019, the Impact Assessment Act (the “IAA”) will come into force and replace the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”). We have previously written about the IAA and the changes that it will bring to the environmental assessment (now impact assessment) process in Canada. The projects and activities that will be… [Read More…] about From Environmental Assessments to Impact Assessments: New Federal Impact Assessment Act Coming Into Force Soon

Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop

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Courtesy of McCarthy Tetrault. View original article here. Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop The majority of the Ontario Court of Appeal ruled on June 28, 2019 that the federal Greenhouse Gas Pollution Pricing Act (the Act or GGPPA) is constitutional. In particular, the Court of Appeal… [Read More…] about Meeting the Minimum (National) Standards: Ontario Court of Appeal Upholds Constitutionality of Federal Carbon Pricing Backstop

Impact Assessment Act

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Courtesy of McCarthy Tetrault. View original article here. On June 21, 2019, Bill C-69, which includes the Impact Assessment Act (“IAA”), new federal legislation governing environmental assessments at the federal level, received Royal Assent. The IAA is not yet in force. In February 2018, we wrote an overview of the IAA and the way that it differed from the… [Read More…] about Impact Assessment Act

View from the Prairies: Saskatchewan’s Top Court Upholds Federal Carbon Price & Carbon Policy Update from Alberta

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Courtesy of McCarthy Tetrault. View original article here. As the political rhetoric on carbon pricing [rages on], the Saskatchewan Court of Appeal recently delivered a much-anticipated decision in response to the reference question posed by the Saskatchewan government pursuant to The Constitutional Questions Act, 2012 (SS 2012, c. C-29.01). In particular, the province asked the Court for… [Read More…] about View from the Prairies: Saskatchewan’s Top Court Upholds Federal Carbon Price & Carbon Policy Update from Alberta

BC’s Anti-Pipeline Law is Unconstitutional

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Courtesy of McCarthy. View original article here. Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 On Friday May 24th, the BC Court of Appeal held that BC’s proposed legislation blocking the Trans Mountain pipeline is unconstitutional. In a clear decision curtailing the provinces’ ability to interfere with federal undertakings, the Court reaffirmed that pipelines… [Read More…] about BC’s Anti-Pipeline Law is Unconstitutional