Environment

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

Federal Overhaul of Environmental Laws to Take Effect August 28, 2019

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Courtesy of Blakes. View original article here. The federal government’s long-awaited overhaul of key environmental laws (Bill C-69, which implements the new Impact Assessment Act, the Canadian Energy Regulator Act and the Canadian Navigable Waters Act and related regulations) will take effect on August 28, 2019. The Impact Assessment Act will replace the Canadian Environmental Assessment Act, 2012, (CEAA 2012) overhauling the federal environmental… [Read More…] about Federal Overhaul of Environmental Laws to Take Effect August 28, 2019

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

Moving Along: Updates to Ontario’s Environment Plan

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Courtesy of McCarthy Tetrault. View original article here. As reported in a previous blog post, in late 2018 the Ontario government released the Environment Plan: Preserving and Protecting our Environment for Future Generations. This Plan outlined the government’s intended actions and policies for addressing many environment-related issues in Ontario, including the pollution of air, land, and water, the… [Read More…] about Moving Along: Updates to Ontario’s Environment Plan

2018 Top Ten: Regulatory Decisions of Import to the Canadian Energy Industry

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Courtesy of Borden Ladner Gervais. View original article here. At the beginning of 2018, our review of the 2017 Canadian regulatory events described them as dramatic, but the 2018 saga turned out to be nothing short of a blockbuster. Pressure built up to a bubble point at the federal and provincial levels of governments, and at the National… [Read More…] about 2018 Top Ten: Regulatory Decisions of Import to the Canadian Energy Industry

Climate Change Litigation Arrives in Canada

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Courtesy of Osler. View original article here. In this Update Two recent developments demonstrate that climate change litigation has arrived in Canada: the ENVironnement JEUnesse lawsuit in Québec and the City of Victoria’s endorsement of a class action lawsuit against oil and gas producers for climate-related harms. Oil and gas producers may soon be faced… [Read More…] about Climate Change Litigation Arrives in Canada

In the Crosshairs: Federal Government Finds Itself at the Centre of Rights-based Climate Litigation

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Courtesy of McCarthy Tetrault. View original article here. In 2015, the case of Urgenda Foundation v. The State of the Netherlands(Urgenda) broke new ground as the first successful climate change action founded in tort law and the first time a court has determined the absolute minimum emissions reduction target for a developed state. Following the Urgenda decision, a… [Read More…] about In the Crosshairs: Federal Government Finds Itself at the Centre of Rights-based Climate Litigation

A Closer Look: BC Government Releases Draft Legislation for Revitalized Provincial Environmental Assessment Process

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Courtesy of McCarthy Tetrault. View original article here. In March 2018, the BC government launched the process for revitalizing the province’s environmental assessment (EA) process. More background information is available in our earlier blog. Following the release of the Discussion Paper in June 2018 and public consultations over the summer, the BC government introduced Bill 51 – 2018 Environmental Assessment… [Read More…] about A Closer Look: BC Government Releases Draft Legislation for Revitalized Provincial Environmental Assessment Process

Ontario’s Environment Plan: Preserving and Protecting our Environment for Future Generations

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Courtesy of McCarthy Tetrault. View original article here. On November 29, 2018, the Ontario government released its Environment Plan: Preserving and Protecting our Environment for Future Generations. This Plan outlines, in broad strokes, the government’s intended actions and policies for addressing many environment-related issues in Ontario, including the pollution of air, land, and water, the reduction of… [Read More…] about Ontario’s Environment Plan: Preserving and Protecting our Environment for Future Generations

Supreme Court Creates Uncertainty in Finding No Duty to Consult During the Law-Making Process

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Courtesy of Osler. View original article here. The Supreme Court of Canada in Mikisew Cree First Nation v. Canada (Governor General in Council) definitively answered, by a 7-2 majority, that the duty to consult does not apply to the development, passage and enactment of legislation — an issue previously left open by the Supreme Court. However, by… [Read More…] about Supreme Court Creates Uncertainty in Finding No Duty to Consult During the Law-Making Process