On March 22, 2018, the Lax Kw’alaams Indian Band and the Nine Tribes of the Lax Kw’alaams (Lax Kw’alaams) filed a legal challenge against Canada and British Columbia based on Canada’s action to impose an oil tanker moratorium...more
This article supplements our multi-part series on changes to Canada’s regulatory regime governing project development and operation in Canada.
This post summarizes the proposal to establish the Canadian Energy Regulator...more
3/13/2018
/ Canada ,
Energy Projects ,
Energy Sector ,
Environmental Policies ,
National Energy Board ,
Offshore Drilling ,
Oil & Gas ,
Pipelines ,
Regulatory Agencies ,
Regulatory Oversight ,
Renewable Energy ,
Tribal Governments ,
Tribal Lands
On February 14, 2018, the federal government announced a new framework, including new legislation, to recognize and implement Indigenous rights (the “Framework”) in support of its commitment towards reconciliation with...more
This article is Part III of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada....more
This article is Part II of a series that discusses the federal government’s proposed changes to Canada’s environmental regulatory regime governing project development and operation in Canada....more
The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and...more
2/12/2018
/ Benefit Sharing Agreements ,
Breach of Duty ,
Canada ,
Disclosure Requirements ,
Discovery ,
Discovery Disputes ,
Fiduciary Duty ,
First Nations ,
Land Developers ,
Native American Issues ,
Permanent Injunctions ,
Supreme Court of British Columbia ,
Transparency ,
Treaty 8 Rights
Proposed Amendments to the Fisheries Act -
On February 6, 2018, the Federal Government introduced amendments to the Fisheries Act aimed at enhancing protection to fish and fish habitat. The proposed amendments form part of...more
Phase-2 to BC’s Spill Response Regime -
The British Columbia government is moving forward with the second phase of spill regulations, announcing further stakeholder engagement on important elements, such as spill response...more
Across British Columbia and around the world, a new relationship is developing between the low-carbon economy, carbon-based fuel, and communities. Governments in British Columbia and Canada have responded with legislation...more
On November 30, 2017, amendments to the Election Act (EA), and the Local Elections Campaign Financing Act (LECFA), came into force, which prohibit unions and corporations from contributing to provincial and municipal...more
On November 20, 2017, the federal government announced that it will support Private Member’s Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-232, An Act to ensure that the laws of...more
On November 2, 2017, the Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54. This case dealt with a novel argument related to the...more
Further to our article of October 10, 2017, we note that on October 30, 2017, the government of British Columbia introduced amendments to the Local Elections Campaign Financing Act that will change municipal campaign...more
The Union of British Columbia Municipalities (UBCM) held their annual convention between September 25 and September 28, 2017, discussing several policies and reforms, including election and lobbying reform at the municipal...more
On September 18, 2017, the NDP Government introduced Bill 3-2017 Election Amendment Act, 2017, aiming to reform British Columbia's maligned image as the Wild West of political donations....more
With the New Democratic Party (NDP) forming British Columbia's next government, lobbying regulation in British Columbia is about to change. The 2017 Confidence and Supply Agreement between the B.C. Green Party Caucus and the...more
On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous...more
On June 27, 2017, City of Vancouver Staff updated City Council on new strategies to reduce single-use items like disposable cups, plastic and paper shopping bags, foam food packaging and take-out containers. City Staff...more
On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment and regulatory...more
On 12 May 2017, the Government of Canada introduced Bill C-48, the proposed Oil Tanker Moratorium Act, in Parliament. This initiative follows up on the launch of the national Oceans Protection Plan in November 2016, and...more
The May 30, 2017, reporting deadline under the Extractive Sector Transparency Measures Act (ESTMA) is fast approaching. This annual reporting deadline under ESTMA applies to entities that...more
On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more
Yesterday, the Supreme Court of Canada issued a unanimous decision in Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 declaring that non-status Indians and Métis are “Indians” under s 91(24) of the...more
The next step in the Tsilhqot’in Nation’s journey to self-government was taken on February 11, 2016, when the Tsilhqot’in Nation and the Province of British Columbia signed the Nenqay Deni Accord: The People’s Accord. The...more
In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the Court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of...more