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Décisions récentes : interprétation large des lois sur les espèces en péril

En mai, des tribunaux canadiens ont rendu leur décision dans deux affaires de contrôle judiciaire concernant la mise en œuvre de lois sur les espèces en péril. Ces décisions signalent une tendance vers une interprétation...more

Endangered Species Laws Given Broad Reading in Recent Decisions

Canadian courts released two judicial review decisions in May regarding the implementation of species at risk legislation, which indicate a trend towards a broad, expansive interpretation of such laws....more

Environmental Regulatory Compliance During the COVID-19 Pandemic

As the COVID-19 crisis advances, compliance with environmental regulatory requirements will present challenges for businesses. Although environmental management systems that are designed to maintain regulatory compliance may...more

Environment and Climate Change Canada Looks to Broadly Expand Protections for Migratory Birds

Environment and Climate Change Canada (ECCC) recently released proposed new Migratory Birds Regulations (Regulations), which will replace the existing regulations of the same name under the Migratory Birds Convention Act...more

Court Rules SARA Emergency Orders are Valid and Compensation May Be Available

In a recent ruling, the Federal Court of Canada (Court) confirmed the validity of an emergency order that impacts a private housing development in the suburbs of Montréal and the constitutional validity of the provision of...more

B.C. Environmental Appeal Board Refuses Expert Opinion from Consultant Who Acted As Agent

The British Columbia Environment Appeal Board (Board) recently ruled that a consultant who had acted as agent for one of the parties to an environmental appeal could not testify as an expert witness on behalf of that party. ...more

8/10/2018  /  Appeals , Canada , Water , Water Management

B.C. Court Dismisses Regulatory Charges Against a Corporation Due to Unreasonable Delay

The British Columbia Provincial Court (Court) recently dismissed charges against a corporation brought under the Fisheries Act and the Environmental Management Act (EMA), based on a finding that there had been unreasonable...more

1/8/2018  /  Canada , Fisheries Act

British Columbia Implements New Spill Reporting Requirements

On October 30, 2017, amendments to the spill management regime that were made under the British Columbia Environmental Management Act (EMA) in 2016 will come into force. These amendments will implement a new spill reporting,...more

Federal Government Order to Protect Frog Habitat Stops Land Development in Suburban Montréal

On June 17, 2016, the federal cabinet approved an emergency order (Order) for protection of the habitat of the Western Chorus Frog (Great Lakes/St. Lawrence-Canadian Shield population) in La Prairie, Quebec. This is the...more

B.C. Increases Potential Fines, Adds Administrative Penalties for Mining Law Violations

Since the 2014 Mount Polley tailings dam breach, the British Columbia government has made numerous changes to its mining regulatory regime. The most recent amendments, some of which came into force late last week,...more

B.C. Proposes to Significantly Broaden Requirements for Spill Reporting and Response

The British Columbia government is seeking further input on its proposed new regime for spill reporting, preparedness and response through the release of an intentions paper on April 5, 2016 and an open comment period until...more

B.C. Enters New Era of Water Regulation as Water Sustainability Act Is Brought into Force

Nearly two years after passing the Water Sustainability Act (WSA), the province of British Columbia has quietly brought it into force through the registration of five new regulations. Together, these implement a new regime...more

B.C. Environmental Appeal Board Rejects Precautionary Principle in Favour of “Cautious Approach”

In a recent decision upholding an air permit amendment issued to Rio Tinto Alcan Inc. (Rio Tinto) for the expansion of its smelter in Kitimat, the British Columbia Environmental Appeal Board (Board) ruled on a number of key...more

B.C., Quebec Join Alberta, Ontario in Development of New Provincial Policies on GHG Emissions

While the federal government meets with world leaders at the 2015 United Nations Climate Change Conference in Paris, a number of provincial governments have introduced new policies and recommendations to reduce greenhouse gas...more

Proposed Policies for Implementing B.C.’s New Water Sustainability Act Available for Comment

On July 30, 2015, the British Columbia government released four discussion papers for public comment outlining proposed new policies for regulations under the Water Sustainability Act. These papers are important as much of...more

Government Response to Drought Conditions in B.C. Creates Potential for Water Use Curtailment

On July 15, the British Columbia government announced a Level 4 drought rating for the South Coast and Lower Fraser areas of the province, which could lead to orders to temporarily reduce or cease water use and put rights...more

B.C. Court Awards Remediation Costs Before They Are Incurred

The recent decision of the British Columbia Supreme Court (Court) in Dolinsky v. Wingfield may allow those who have to clean up contamination on their lands to obtain those costs from the responsible parties before actually...more

B.C. Court Allows Environmental Approvals Delay Claim to Proceed

In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the...more

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