CANADA Law and Practice Contributed by: Darrell Podowski, Brian Dominique, Joel Matson and Christa Alvernaz, Cassels Brock & Blackwell LLP
Environmental assessment The environmental assessment process gener - ally seeks to determine and predict the environ - mental impact of proposed mine development initiatives before they are carried out, and gen - erates detailed terms and conditions for mine construction and operation. Canada’s Impact Assessment Act (IAA) requires the Impact Assessment Agency of Canada to conduct an impact assessment when a federal authority provides lands or issues certain per - mits or approval to a project. An impact assess - ment must also be conducted if a project other - wise affects matters under federal jurisdiction. The responsible government minister may also order an impact assessment at their discretion. Impact assessments go beyond the environ - mental effects of proposed projects to include matters such as: • changes to the environment or to health, social or economic conditions; • measures mitigating adverse effects; • the need for and alternatives to the project; • Indigenous traditional knowledge; • a project’s contribution to sustainability; • the effects on the federal government’s ability to meet its environmental and climate change commitments; • impacts on Indigenous rights, communities and cultures; and • comments received from the public and from provincial or Indigenous governments. The IAA does not apply to all projects in Cana - da, but it generally applies to most major mining operations. In 2023, the Supreme Court of Canada ruled that sections of the IAA encroached upon provincial
nificant obligations will be imposed on the devel - oper for rehabilitation and restoration activities on affected lands following the completion of the project or mine closure. In Canada, the broad scope of environmental regulation is shared between the federal govern - ment and the provinces. While municipal powers are generally limited with respect to the environ - ment, municipalities are getting more involved in environmental regulation, and municipal by- laws and permitting requirements are important aspects to consider prior to and while imple - menting a mining project. The federal government has primary jurisdiction over environmental matters of international and inter-provincial concern, as well as over fisher - ies, navigable waters and matters on federal lands, which includes Indigenous reserve lands and national parks. All provinces and territories (except Nunavut, pending completion of the devolution process) are primarily responsible for environmental mat - ters within their boundaries, including but not limited to the extraction and processing of natu - ral resources like forestry, mineral resources and fossil fuels, and renewable energy industries like hydroelectricity, wind energy and cogeneration. Environmental Licensing Generally, mining regulators in Canada use three principal mechanisms for protecting the environ - ment: • mandatory environmental assessment before mine construction; • regulation of the discharge of pollution into the environment; and • a permits system for activities that may impair the environment.
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