On November 5, 2015 Canaport LNG Limited Partnership plead
guilty to charges under the Migratory Birds Convention Act,
1994 and the Species at Risk Act and was ordered to
pay a total penalty of $750,000 by the New Brunswick Provincial
The investigation conducted by Environment Canada into the
incident disclosed that in September 2013 there were in excess of
7,500 bird mortalities resulting from direct or indirect contact
with burning natural gas from a flare stack being operated at the
Canaport LNG facility. Approximately 26 different species of
migratory birds were killed; four of which were Canada Warblers, a
threatened species listed under the Species at Risk
The money from the fine will be used for a variety of different
programs including a study in bird migration by Bird Studies Canada
and a scholarship at the University of New Brunswick in environment
and natural resources. The New Brunswick Museum will also receive
$150,000 to create a DNA database from the birds that were
In addition to the fine, the company has been ordered to engage
in weekly monitoring of the bird migration forecast for the Bay of
Fundy region. The monitoring will use the Cornell Lab of
Ornithology's regional migration forecast website and take
appropriate actions to mitigate mortality of migratory birds.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
It is relatively common knowledge that the government has a "duty to consult" aboriginal groups when undertaking actions or making decisions that could adversely affect aboriginal rights, aboriginal title and treaty rights.
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.
40 to 60 years may be too old when determining whether to extend a limitation period for a negligence-based environmental contamination claim, the court recently ruled in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2017 ABQB 218 [Brookfield].
Our April 7 post on the report of the Expert Panel reviewing federal environmental assessment processes noted that the report contains recommendations for greater inclusion of Indigenous peoples in federal environmental assessment processes.
Over the past week, the Project Law Blog has been discussing the recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes.
On April 5, 2017 the Federal Minister of Environment and Climate Change received her report from an expert panel of four, comprised of three lawyers with significant environmental and aboriginal law experience as well as a retired senior executive of a resource company.
On April 5, 2017, an Expert Panel established by the Minister of Environment and Climate Change (the "Panel") released its report, Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the "Report").
Last week we summarized the recommendations set out by the Expert Panel established by the Minister of Environment and Climate Change in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).