Mining Prospects Trends and Developments in Mining Law in Canada and Internationally

Tag Archives: FPIC

Expert Panel Recommends Significant Changes to Canada’s Environmental Assessment Regime

Posted in Aboriginal and Environmental Issues

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 United Nations Declaration on the Rights of Indigenous Peoples and Free, Prior and Informed Consent – Where does Canada go from here?

Posted in Aboriginal and Environmental Issues, Environmental Issues, Mining

In 2015, Canada’s new federal government committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples (Declaration). This has generated significant attention in the mining and natural resource sectors due to the Declaration’s potential incompatibility with Canada’s constitutional and legal framework for Aboriginal rights and consultation, particularly the potentially broad interpretation of “free, prior and informed consent” (FPIC) as a veto right against resource development and administrative and legislative decision-making. While FPIC is a potential game changer, ultimately its impact in Canada will depend on how it is interpreted.… Continue Reading