Canada: Environment

A BC Supreme Court decision has quashed a substantial start determination for a major mining project, finding the Crown failed to adequately consult an Indigenous nation after the Province's understanding of their territorial claim evolved. The ruling examines how changing circumstances can trigger fresh consultation obligations even after environmental certificates are issued, and what constitutes "substantial start" under BC's environmental assessment regime.

A Federal Court of Appeal decision has introduced new strategic considerations that developers must navigate when designing environmental and impact assessments for major infrastructure and resource projects. The ruling establishes precedents that could reshape how project proponents approach regulatory compliance and stakeholder consultation in the assessment process.

Parliament has enacted Bill C-30, introducing significant amendments to Canada's Pest Control Products Act and Canadian Food Inspection Agency Act that grant Cabinet unprecedented authority to issue emergency orders overriding pesticide safety decisions. These new powers allow the government to temporarily authorize pesticide use or reinstate cancelled registrations based on national economic security and food security considerations, even when environmental risks are deemed unacceptable. The legislative ch