In the past two weeks, British Columbia and Ontario have each
taken a further step towards implementation of their cap and trade
On November 25, 2009, the British Columbia Government (by
Order-in-Council No. 603) brought into force certain sections of
the Greenhouse Gas Reduction (Cap and Trade) Act (the
"Act") and the Reporting Regulation.
Of particular significance to every moderate emitter of
greenhouse gases ("GHG") in British Columbia, the
Reporting Regulation establishes the requirements for GHG emissions
reporting and verification for facilities that emit greater than
10,000 metric tonnes of carbon dioxide equivalent
("CO2e") emissions during a reporting period.
Reporting facilities must submit an emissions report by March 31
of the year following each reporting period with each
facility's emissions data broken down by activity (e.g. cement
production, copper smelting), source type and GHG type. Pursuant to
the Regulation, the reporting periods will be one calendar year
with the first one commencing January 1, 2010.
Emissions must be calculated using the prescribed quantification
methods, most of which will be included in the Methodology Manual
to be published by the Ministry of Environment in the coming weeks.
Emissions reports by facilities that emit greater than 25,000
tonnes of CO2e in a reporting period must be verified by an
accredited third party verification entity. Verification statements
will have to be submitted concurrent with emission reports, except
for the 2010 and 2011 reporting years when the deadline will be
September 1 of the following calendar year.
Similarly in Ontario, the Greenhouse Gas Emissions Reporting
Regulation was filed on December 1, 2009 under the
Environmental Protection Act. The Ontario Regulation will
require emissions reporting by facilities that emit greater than
25,000 metric tonnes of CO2e beginning with the 2010 calendar year,
with verification requirements to follow beginning with the 2011
reporting year. The emissions reports and verification reports will
be due June 1 and September 1 of the following year, respectively.
Mandatory quantification methods are contained in an accompanying
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.
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