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The Role of Regulatory Tribunals in Aboriginal Consultation – The Key Takeaways from Hamlet of Clyde River and Chippewas of the Thames

On July 26, 2017, the Supreme Court of Canada (SCC) released its decisions in Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), et al.[1] (Clyde River) and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al.[2] (Chippewas) (together, the Decisions). The Decisions concern the role of regulatory boards in … Continue Reading

Change on the Horizon for Aboriginal Consultation and Involvement in Mining Projects

The rapidly evolving legal landscape for Aboriginal consultation and involvement in mining and other resource development projects in Canada is likely to see a number of significant changes in 2017. In addition to three anticipated Supreme Court of Canada decisions on the duty to consult, 2017 will likely bring legislative and policy changes to the … Continue Reading

Changes to Canada’s environmental emergency regulations are coming in 2017

The Environmental Emergency Regulations (the “Current Regulations”) under the Canadian Environmental Protection Act, 1999 (“CEPA”) aim to enhance the protection of the environment and human health in environmental emergency situations by promoting prevention and ensuring preparedness, response and recovery.[1] They require companies or persons who own or manage specified toxic and hazardous substances at or … Continue Reading

And So it Begins – Federal Government Launches Review of Environmental and Regulatory Processes

On June 20, 2016, the Federal Government launched a comprehensive review of four key environmental and regulatory processes, namely: The federal environmental assessment processes under the Canadian Environmental Assessment Act, 2012 (CEAA 2012); The National Energy Board (NEB); The Fisheries Act; and The Navigation Protection Act.… Continue Reading

The Quebec Government introduces its Bill to Modernize the Environmental Authorization Scheme

On June 7, 2016, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change, Mr. David Heurtel (the “Minister“), introduced Bill 102[1] at the Quebec National Assembly, which aims at modernizing the environmental authorization scheme established by the Environment Quality Act. If adopted in its current form, this bill could have important … Continue Reading
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