Originally published in Blakes Bulletin on Environmental Law, January 2007
Faced with the prospect of multiple or overlapping environmental assessments by different levels of government, federal-provincial harmonization schemes have been put in place in most Canadian jurisdictions to address the potential impacts of large projects or undertakings. These typically provide for early notification of proposed projects, co-operative environmental assessments, joint panel reviews and the establishment of provincial "single windows" to implement federal responsibilities under the agreements. A key tool for harmonizing multiple environmental assessments is the power to limit the scope of an individual assessment.
Despite such harmonization schemes, some litigants continue to ask the courts for an interpretation of the federal Canadian Envir
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