The following post by Joanna Rosengarten and Bryn Gray on our Canadian ERA Perspectives blog may be of interest to readers of this blog: Expert Panel Recommends Significant Changes to Canada’s Environmental Assessment Regime
On April 5, 2017, Environment and Climate Change Canada released the report of an external Expert Panel that was established in August 2016 to review the scope and process of federal environmental assessments under the Canadian Environmental Assessment Act, 2012 (“CEAA 2012”). The Expert Panel’s Report contains numerous recommendations which, if implemented, would result in a fundamentally different federal environmental assessment (“EA”) … Continue Reading
The Minister of Energy and Natural Resources of Quebec and Minister responsible for the Plan Nord, Pierre Arcand, made public, on February 16, a Green Paper on social acceptability. The document, entitled Guidelines of the Ministère de l’Énergie et des Ressources naturelles in the Area of Social Acceptability (the “Green Paper”), is part of the broad-based workshop on the social acceptability launched in November 2014 by the Minister Arcand focusing specifically on mineral resource development projects.
The Green Paper was prepared, in particular, from the observations pointed out in the report (only available in French) by Raymond Chabot Grant Thornton … Continue Reading
On April 23, 2013, the Government of Newfoundland and Labrador (NL) released its updated “Aboriginal Consultation Policy on Land and Resource Development Decisions” (Policy). A copy of the Policy can be found here.1
The Policy provides guidance regarding the process and expectations for proponents where the Crown’s duty to consult is triggered. The Policy also imposes new, onerous requirements on proponents, and in some respects, it significantly shifts the burden of consultation and accommodation from the Crown onto proponents. Certain requirements in the Policy appear to be at odds with Canadian law, including decisions of the … Continue Reading