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On July 16, 2020, the federal government released the Strategic Assessment of Climate Change, July 2020 (“SACC”). The SACC includes rules and obligations that apply to designated projects under the federal Impact Assessment Act (“IAA”). In particular, the SACC outlines requirements for project proponents in relation to greenhouse gas (“GHG”) emissions ...

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On December 16, 2019, several regulations came into force under B.C.'s new Environmental Assessment Act (the “New BCEAA”). The most notable of these is the new Reviewable Projects Regulation (the “New RPR”), which sets out the types of projects that are automatically reviewable (i.e. subject to the New BCEAA) if they meet certain criteria. The New RPR introduces ...

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What is undoubtedly an early holiday gift for administrative law practitioners, the Supreme Court of Canada has revealed a new framework for dealing with the standard of review in administrative law cases. The court has overruled previously standing precedence across the country in order to bring greater cohesion to this area of law by enshrining a reasonableness test ...

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Posted in Environmental

On December 16, 2019, the long awaited Environmental Assessment Act, R.S.B.C. 2018, c. 51 (the “New BCEAA”) will come into force. Despite having received royal assent on November 27, 2018, the New BCEAA was not brought into force for over a year largely due to the need for further development of policies and regulations to support it. While questions remain about ...

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Bill C-69 received Royal Assent on June 21, 2019 but did not come into force at that time. The Governor in Council has now ordered that the federal Impact Assessment Act (“IAA”) and the Canadian Energy Regulator Act (“CERA”) will come into force on August 28, 2019, concurrent with the repeal of the Canadian Environmental Assessment Act, 2012 and the National Energy Board Act. Most of the amendments to the Navigation Protection Act (now to be called the Canadian Navigable Waters Act) will also come into force on August 28, 2019.

As a result, the Canadian Environmental Assessment Agency will transition to the Impact Assessment Agency, and the National Energy Board will transition to the Canadian Energy Regulator.

Certain related regulations will also come into effect on August 28, 2019, including the Physical Activities Regulations (the new Project List) and the Information and Management of Time Limits Regulations, both under the Impact Assessment Act. These regulations are scheduled to be published in the Canada Gazette, Part II on August 21, 2019, but in the meantime unofficial copies may be found at the following links:

  • Physical Activities Regulations (unofficial)
  • Information and Management of Time Limits Regulations (unofficial)

Stay tuned or subscribe to our Project Law Blog for more information on the regulations and the implementation of these changes.

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decision concluding that it does not have jurisdiction over the Coastal GasLink Pipeline (“CGL Pipeline”) in British Columbia. The decision is based on a constitutional analysis of the division of powers between the federal and provincial governments, which, in ...

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Impact Assessment Act (“IAA”), which will replace the Canadian Environmental Assessment Act, 2012, is not yet in force. It will be brought into force on a date to be set by order of the Governor in Council.  Similarly, a replacement of British Columbia’s Environmental Assessment Act (“BC EAA” ...

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Impact Assessment Act (the “Act”) is currently in the second reading of the Senate. In February, 2018, the Government of Canada released the Consultation Paper on Information Requirements and Time Management Regulations and sought comments from the public on the proposed components of the Regulations. Based on the comments and ...

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Tags: Bill C-69, Consultation Paper, Discussion Papers, Environmental Assessment Act, Impact Assessment, Information Requirements, Time Management Regulations
Impact Assessment Act (the “IAA”) in Bill C-69 is under review and possible amendment by the Senate, the federal government is seeking public comments this month on a new Discussion Paper on the proposed Project List regulation. The Project List sets out criteria that, if met, make a project subject to the federal assessment process. This post ...

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Tags: Bill C-69, Discussion Papers, Environmental Assessment Act, Impact Assessment
Modernization of the Columbia River Treaty
By Jeff Christian, Lana Shipley on April 24, 2019
Posted in Administrative, Constitutional Law, Environmental, Indigenous Law, Project Development, Public Law, Regulatory

Formal Negotiations between Canada and the United States to modernize the Columbia River Treaty began in May 2018. The Canadian and US delegations have met 6 times, in Washington DC (twice), Nelson BC, Vancouver BC, Victoria BC, and Portland OR. This article describes the current Treaty, the factors leading to the current negotiations, and the stated modernization ...

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Tags: Columbia River Treaty
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Lawson Lundell's Project Law Blog focuses on updating proponents on issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and Indigenous consultation.

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