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Canada Tribal Lands

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First Nations Power Authority and SaskPower 100 MW Solar Project—Timelines and Mandatory Criteria for Proponents

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On August 1, 2024, the First Nations Power Authority (FNPA) issued a Request for Supplier Qualifications (RFSQ) for the right to develop a 100 MW Solar Project to be located in South Central Saskatchewan (Project)....more

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Ontario’s Largest Energy Procurement Announcement

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Ontario recently announced the largest competitive energy procurement in its history. This follows on the heels of its recently completed procurement process that secured nearly 3,000 megawatts (MW) of capacity in the...more

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Grassy Narrows First Nation Challenges Ontario’s Mining Claims Regime

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On July 10, 2024, Grassy Narrows First Nation (Grassy Narrows) launched a challenge against Ontario’s Mining Act (the Mining Act), claiming that the system for granting mining claims pursuant to the legislation (the Mining...more

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Clean Tech ITC Decoded: Benefits and Strategies for Canadian Businesses

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In the inaugural episode of Clean Incentives, hosts Brendan Sigalet and Derrick Osborne, alongside special guests Ashley White and Jason Roth, delve into the myriad of tax incentives available for businesses in Canada, with a...more

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Environmental Assessment Dispute Resolution Regulations Officially Announced in British Columbia

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On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous nations or the chief...more

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Impact Assessment Act Amendments Announced: Many Questions Still Left Unresolved

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On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline...more

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B.C. and Haida Nation Release Haida Title Lands Agreement

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On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s...more

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British Columbia Announces a Pause on Mining in Gitxaala and Ehattesaht Nations Territories

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On March 7, 2024, British Columbia's Ministry of Energy, Mines and Low Carbon Innovation announced interim measures in the form of four Orders in Council (OICs). The OICs place restrictions on the issuance of mineral claims,...more

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Pathways to Prosperity: Exploring Indigenous Participation in Major Energy Projects

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On February 15, 2024, Bennett Jones' Calgary office welcomed nearly 80 project stakeholders and industry leaders—with hundreds more tuning in online—to talk about Synergy in Energy: Building Effective Indigenous Partnerships....more

Blake, Cassels & Graydon LLP

Implementing UNDRIP: B.C.’s Land Act Reform Sparks Public Debate

The B.C. government is consulting the public on reforms to the Land Act to facilitate shared decision-making under the Declaration on the Rights of Indigenous Peoples Act (DRIPA). The Land Act deals with how public land is...more

Stikeman Elliott LLP

Clearing a Path for the Procurement of Renewable Projects in Atlantic Canada

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Amendments to electricity legislation in Atlantic Canada will create new opportunities for developers, investors and lenders, and allow for more efficient procurement of renewable power projects in these jurisdictions....more

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B.C. Provides Indigenous Nations Larger Role in Emergency Management

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On November 8, 2023, substantial changes to B.C.'s emergency preparedness legislation took effect. Bill 31-2023, the Emergency and Disaster Management Act, (EDMA) replaced the Emergency Program Act, RSBC 1996, c 111 (the...more

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Redesigning British Columbia's Mineral Exploration System

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On September 26, 2023, the British Columbia Supreme Court issued a ruling in Gitxaala v. British Columbia (Chief Gold Commissioner) that will affect the future of mining in British Columbia. In this case, the court found the...more

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Blueberry River First Nation, Treaty 8 First Nations and Province of British Columbia Sign Historic Agreements

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On January 18, 2023, the Province of British Columbia (Province) and the Blueberry River First Nation (BRFN) signed the Blueberry River First Nation Implementation Agreement (Implementation Agreement)....more

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British Columbia Releases Guidance on Consultation With Indigenous Peoples in Policy and Legislative

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On 4 October 2022, the Government of British Columbia released its policy guidance entitled Interim Approach to Implement the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Interim...more

Blake, Cassels & Graydon LLP

Réconciliation et droit des Autochtones : Nouveautés

Le régime relatif aux droits et aux intérêts des peuples autochtones au Canada continue d’évoluer au fil des nouvelles décisions judiciaires, politiques gouvernementales et mesures législatives. Il est important que les...more

Blake, Cassels & Graydon LLP

Reconciliation and Indigenous Law: What’s New?

The law on Indigenous rights and interests in Canada continues to evolve based on court decisions and government policies and legislation. It’s important that businesses are aware of new developments and their implications,...more

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Revisiting Advance Costs for Public Interest Litigation: Beaver Lake Cree Nation Case

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On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The...more

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Indigenous Reconciliation and the Climate: A Review of Two of Canada's Priorities in 2022

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On December 16, 2021, the Prime Minister released the much-anticipated mandate letters outlining executive priorities and providing direction to cabinet ministers for the upcoming term. While customized for each of the 38...more

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Blueberry River First Nation and the Government of British Columbia Reach Historic Interim Agreement

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On October 7, 2021, the Blueberry River First Nation (BRFN) and the Province of British Columbia (Province) reached an initial agreement in response to the recent court decision in Yahey v British Columbia [Yahey]. The...more

American Conference Institute (ACI)

[Virtual Conference] Indigenous Consultation & Engagement Atlantic - November 22nd - 24th, 9:45 am - 1:30 pm AST

Entering the Modern-Era of Indigenous Consultation: From Modern Treaties to Modern Tech - The Canadian Institute’s 5th Annual Indigenous Consultation Atlantic Conference will be taking place virtually on November 22, 23 &...more

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Recent Developments in Aboriginal Law: Cumulative Effects, Equitable Compensation and Duty to Consult

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Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change). The three...more

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The Canada Infrastructure Bank Launches Indigenous Community Infrastructure Initiative

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On March 19, 2021, the Canada Infrastructure Bank (CIB) launched the Indigenous Community Infrastructure Initiative (ICII), which aims to invest $1 billion to encourage infrastructure investment in Indigenous communities. The...more

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Bill 38: Alberta to Expand the Powers of First Nations Police Services

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Alberta will expand the powers of First Nations police services (FNPS) and officers and formally recognize FNPS as having equal status to other municipal police forces when it passes a bill currently before the Legislature....more

Blake, Cassels & Graydon LLP

Modern Treaty Rights Trump Asserted Aboriginal Rights

In its July 27, 2020 decision in Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations), the British Columbia Court of Appeal held that where an Indigenous Nation asserts Aboriginal rights...more

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