On August 3, 2023 the Alberta Utilities Commission (“AUC”), the regulatory body responsible for approving power projects in Alberta, announced a pause on all approvals of power plants and hydro-electric developments that produced greater than one megawatt of renewable electricity. The Alberta government stated that the pause was needed to ensure an affordable and  ..read more

Recent online posts have put a spotlight on the Government of British Columbia’s proposed amendments to the Land Act to change how decisions are made to issue surface tenures over public lands. The vast majority of land in B.C. is public land administered under the Land Act. The proposed changes would allow agreements that the B.C. Government enters with Indigenous  ..read more

B.C. Supreme Court allows claim against government for damages for improperly cancelled project Most development in B.C. requires approval by government, whether through permitting, rezoning, subdivision approval, or licencing. That process often appears opaque to applicants. Denials, which can effectively terminate a project, can be given with little or no  ..read more

The Supreme Court of British Columbia has given the Province (specifically, the Chief Gold Commissioner (“CGC”) – the decision-maker under the Mineral Tenure Act (“MTA”)) 18 months to design and implement a process that provides for consultation with Indigenous groups adversely affected by the system of issuing mineral claims under the MTA in their  ..read more

A recent decision has expanded the scope of cost-recovery actions for contaminated sites under the Environmental Management Act, SBC 2003, c.3 (the EMA). The decision confirms that unpaid contractors who have provided remediation services can bring claims against former owners, operators, or other responsible persons (and not just the person who hired them to perform the services). This unexpected decision provides an unusual additional legal avenue for environmental contractors wishing to get paid. It will be particularly useful where the person conducting remediation has become insolvent, or ..read more

A recent decision has expanded the scope of cost-recovery actions for contaminated sites under the Environmental Management Act, SBC 2003, c.3 (the EMA). The decision confirms that unpaid contractors who have provided remediation services can bring claims against former owners, operators, or other responsible persons (and not just the person who hired them to perform the services). This unexpected decision provides an unusual additional legal avenue for environmental contractors wishing to get paid. It will be particularly useful where the person conducting remediation has become insolvent, or ..read more

On December 21, 2022, Order in Council No. 692 (OIC 692) came into effect, ultimately subjecting the BC Utilities Commission (BCUC) to the Direction entitled “British Columbia Utilities Commission Respecting Cryptocurrency Mining Projects” (the Direction).[1] Ultimately, OIC 692 aims to preserve B.C.’s clean electricity supply to support the Province’s  ..read more

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