Suzanne MacMillan

Suzanne MacMillan

Osler, Hoskin & Harcourt LLP

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Latest Publications


Draft Regulations Released for Deposits of Deleterious Substances under the Fisheries Act

One of the most significant provisions in the federal Fisheries Act is the prohibition in section 36(3) against releasing deleterious substances into waters frequented by fish. This prohibition has been interpreted broadly by...more

2/21/2014 - Chemicals Contamination Discharge of Pollutants Fisheries Act Water

Province Ordered to Pay Damages to Timber Company over Aboriginal Road Blockade

On December 23, 2013, the British Columbia Supreme Court (Court) ordered the Province of British Columbia (Province) to pay logging contractor Moulton Contracting Ltd. a sum of $1.75 million in damages for the Province’s...more

1/17/2014 - Aboriginal Issues Canada Damages Economic Damages Tribal Lands

Significant Changes to the Alberta Energy Regulator Rules of Practice

On November 30, 2013 the Alberta Energy Regulator Rules of Practice Amendment Regulation (Amended Rules) will be proclaimed into force which will bring significant changes to the regulatory process before the Alberta Energy...more

11/29/2013 - Amended Regulation Canada Cost Allocation Energy Policy Government Land

Significant Changes to the Regulatory Approval Process

Recent court decisions and legislative changes have marked significant changes to the regulatory approval process. This month, Alberta courts rendered decisions with respect to Alberta energy resource development projects by...more

11/5/2013 - Approval Canada Energy Policy

B.C.’s Highest Court Releases Significant Decision on Government Approvals for “Brown Field” Sites

On September 26, 2013, the British Columbia Court of Appeal dismissed an appeal by the Stellat’en First Nation (Stellat’en) and confirmed that Crown consultation was adequate in granting the approvals for the Thompson Creek...more

10/1/2013 - Aboriginal Issues Brownfield Properties Canada Mining Permits

Government of Alberta Introduces New, Flexible Wetlands Policy

On September 10, 2013, the Government of Alberta announced its new Alberta Wetland Policy (Policy), which has been developed in an effort to conserve, restore, protect and manage Alberta’s wetlands while providing regulatory...more

9/13/2013 - Canada Environmental Policies New Legislation Wetlands

New Details on Implementation of Alberta’s Single Energy Regulator

Over the past week, the Alberta government has released several new regulations under the Responsible Energy Development Act (REDA) and has proclaimed that the majority of the REDA’s provisions will come into force on June...more

6/10/2013 - Canada Oil & Gas REDA

Two Significant Duty-to-Consult Cases Released in Alberta and British Columbia Courts

Alberta: Lameman v. Alberta, 2013 ABCA 148 - The Beaver Lake Cree Nation (BLCN) brought a Statement of Claim before the Alberta Court of Queen’s Bench alleging that the Alberta and federal governments have failed to...more

6/6/2013 - Duty To Consult Native American Issues Oil Sands Statement of Claims

Aboriginal Consultation Levy Act Passes Quickly Through the Alberta Legislature

The Aboriginal Consultation Levy Act, Bill 22, received royal assent on May 27, 2013. Bill 22 was recently introduced into the Alberta Legislature by the Aboriginal Relations Minister in an effort to provide Aboriginal groups...more

5/29/2013 - Aboriginal Issues Canada New Legislation

Aboriginal Consultation Levy Act Introduced into the Alberta Legislature

On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding...more

5/9/2013 - Aboriginal Consultation Office Canada Consultation Indigenous Peoples

Federal Court Provides Guidance on Adequacy of Consultation About Environmental Assessments of Major Resource Projects

On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit (the Applicant) to judicially review the Order in Council (OIC) issued on the...more

5/8/2013 - Canada CEAA Environmental Assessments EPA

Significant Changes Announced for Aboriginal Consultation in Alberta

On April 2, 2013, the Government of Alberta released a revised draft of its First Nations consultation policy, corporate guidelines and consultation matrix for review and comment. This policy calls for significant changes to...more

4/22/2013 - Aboriginal Consultation Office Canada Consultation Disclosure Requirements First Nations

Ontario’s Highest Court Confirms Province Has Exclusive Right to “Take Up” Crown Land

On March 18, 2013, the Ontario Court of Appeal confirmed that Ontario has the right to “take up” Crown land for mining and forestry without federal authorization. This ruling confirms that in exercising its rights and powers...more

3/26/2013 - Canada Federalism Forestry Mining

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