Further to Davis LLP's earlier
blog, the second of two omnibus federal budget
bills has undergone its third parliamentary
reading and was passed in the House of Commons on December 5, 2012
and is now before the Senate. Described by Government as an
implementation tool, the Bill (C-45), will amend and repeal parts
of various enactments to further the key initiatives
of Canada's Economic Action Plan
2012 (the "Action Plan"). In particular the
initative to complete the regulatory regime required
for Responsible Resource Development defined
as "the Government of Canada's plan to create
jobs, growth, and long-term prosperity for all Canadians by
streamlining the review process for major resource
projects" and further described here. Responsible Resource Development is
one of several categories proposed in the Action
Plan designed to improve business investment in Canada. Other
categories include: investing in natural resources; expanding trade
and operating in new markets, neutralizing
certain preferential taxes and expanding tax relief for
investment in clean energy; improving economic conditions for
farmers and fishermen; strengthening business competitiveness; and,
developing Canada's financial sector advantage.
The changes under Bill C-45, if passed by the Senate in the
same form, will the receive royal assent. If assented to, the
changes will expand on the previous Act, closing loopholes,
clarifying requirements and creating
greater certainty of project reviews.
The last time Parliament considered changes of this magnitude
was in 2007, however the bill (called C-32) died on the Order
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Companies and Aboriginal communities negotiating resource agreements should note the Resource Revenue Transparency Working Group’s January 16, 2014 release of its Recommendations on Mandatory Disclosure of Payments from Canadian Mining Companies to Governments.
On February 20, 2014, the Ontario Divisional Court set aside the Environmental Review
Tribunal’s (ERT) revocation of Ostrander Point GP’s (Ostrander) renewable energy approval for
a wind farm near Picton.
In an important decision for stakeholders in the Ontario renewable energy industry, the Divisional Court of Ontario overturned the July 2013 decision by the Environmental Review Tribunal in Ostrander Point.
First Nations and environmental groups are asking the courts to quash the report by the Joint Review Panel (Panel) for Enbridge’s Northern Gateway Pipeline project or to order the reopening of the review and reconsideration of the Panel’s findings.