The legislative regime affecting the development and operation of a liquefied natural gas (LNG) export facility and marine terminal project in British Columbia (B.C.), includes government approvals, licences, permits and other regulatory requirements typically associated with such a project. While each project must be analyzed for its own specific permitting requirements, this overview provides an outline of the major environmental protection and non-environmental project permits, licences, etc., that are typically needed to undertake LNG terminal construction and operation activities.
Blakes 20th Annual Overview of Environmental Law and Regulation in British Columbia 2015 is intended as an introductory summary. Specific advice should be sought in connection with particular transactions.
Since the early part of this century, the fast-paced development of Alberta’s oil sands and the push for more pipelines across the country have driven Canada’s economic fortunes. Indeed, the Toronto Stock Exchange is one of the most carbon-intensive exchanges in the world — with over 25 per cent market capitalization in the oil and gas sector. Changes in energy markets (including booming domestic production in the U.S. and decreasing global demand) have depressed energy prices, and the effects are felt in the broader Canadian economy. We are optimistic that the Canadian food, beverage and agribusiness sector presents a viable and attractive alternative for investors today for a safe harbour from the upheaval in global energy markets. As a northern latitude area, the Canadian Prairies are expected to experience temperature increases by a multiple of global averages, which in turn increases growing seasons. These environmental shifts are also expected to increase crop yields and the diversity of crops that can be cultivated. We anticipate Canada’s position to continue to improve as a lead global exporter as it benefits from improving agricultural conditions in the Prairies and increasing global demand.
The life sciences industry is a key contributor to the Canadian and global economies. In the pursuit of competitive advantage, participants in the pharmaceutical, biotech, medical device and diagnostic, and health-careservices sectors have seen significant growth attributed to major leaps in technology and an unprecedented demand for health-related goods and services. This growth has paralleled the expansion and imposition of more stringent regulatory requirements, improvement of market access, aggressive patent acquisition and enforcement, strategic M&A activity, and increased product liability claims and other litigation.
This report highlights insights and developments relating to a wide range of legal, business and consumer issues currently impacting the life sciences industry in Canada and abroad. These highlights were prepared by Blakes based on non-confidential information gathered in our practices, as well as through a review of publicly available information. Through
a series of articles, we examine the implications of some of the recent legal developments impacting the sector, including the Supreme Court of Canada’s decision to uphold Ontario’s ban on private-label generic drugs, the enforcement of prohibitions on pharmacy-related loyalty points in B.C., the Competition Bureau’s ongoing consideration of competition among pharmaceutical companies, and recent trends in Canadian litigation. We also discuss issues relating to the navigation of transfer-pricing rules, protecting intellectual property in the development of combination products, and obtaining financing for new product development and business expansion efforts. Supplementing our discussion of these matters are snapshots of consumer-facing and market trends, including integrated patient care and direct-to-consumer sales.
Canada’s new Anti-Spam Legislation, known as CASL, is one of the strictest in the world. In general, CASL requires consent before sending “commercial electronic messages” and requires that all such messages meet certain form and content requirements. This seems simple, but as always, implementation can be complicated. This article explains the legislation and walks through some real-world scenarios to demonstrate compliance.
As Canadians become ever more vigilant about the state of the environment and insistent that offenders of environmental laws be held accountable, we have witnessed an increasing degree of government regulation intent upon protecting the environment.
Canada’s competition and foreign investment laws are now enforced with more vigour than ever -- the Blakes Competition, Antitrust & Foreign Investment Group provides practical guidance on how to get regulatory approval for mergers, strategic alliances and joint ventures in this increasingly challenging enforcement environment.
Blakes 20th Annual Overview of Environmental Law and Regulation in British Columbia 2015 is intended as an introductory summary. Specific advice should be sought in connection with particular transactions.
Since the early part of this century, the fast-paced development of Alberta’s oil sands and the push for more pipelines across the country have driven Canada’s economic fortunes. Indeed, the Toronto Stock Exchange is one of the most carbon-intensive exchanges in the world — with over 25 per cent market capitalization in the oil and gas sector. Changes in energy markets (including booming domestic production in the U.S. and decreasing global demand) have depressed energy prices, and the effects are felt in the broader Canadian economy. We are optimistic that the Canadian food, beverage and agribusiness sector presents a viable and attractive alternative for investors today for a safe harbour from the upheaval in global energy markets. As a northern latitude area, the Canadian Prairies are expected to experience temperature increases by a multiple of global averages, which in turn increases growing seasons. These environmental shifts are also expected to increase crop yields and the diversity of crops that can be cultivated. We anticipate Canada’s position to continue to improve as a lead global exporter as it benefits from improving agricultural conditions in the Prairies and increasing global demand.
The life sciences industry is a key contributor to the Canadian and global economies. In the pursuit of competitive advantage, participants in the pharmaceutical, biotech, medical device and diagnostic, and health-careservices sectors have seen significant growth attributed to major leaps in technology and an unprecedented demand for health-related goods and services. This growth has paralleled the expansion and imposition of more stringent regulatory requirements, improvement of market access, aggressive patent acquisition and enforcement, strategic M&A activity, and increased product liability claims and other litigation.
This report highlights insights and developments relating to a wide range of legal, business and consumer issues currently impacting the life sciences industry in Canada and abroad. These highlights were prepared by Blakes based on non-confidential information gathered in our practices, as well as through a review of publicly available information. Through
a series of articles, we examine the implications of some of the recent legal developments impacting the sector, including the Supreme Court of Canada’s decision to uphold Ontario’s ban on private-label generic drugs, the enforcement of prohibitions on pharmacy-related loyalty points in B.C., the Competition Bureau’s ongoing consideration of competition among pharmaceutical companies, and recent trends in Canadian litigation. We also discuss issues relating to the navigation of transfer-pricing rules, protecting intellectual property in the development of combination products, and obtaining financing for new product development and business expansion efforts. Supplementing our discussion of these matters are snapshots of consumer-facing and market trends, including integrated patient care and direct-to-consumer sales.
Canada’s new Anti-Spam Legislation, known as CASL, is one of the strictest in the world. In general, CASL requires consent before sending “commercial electronic messages” and requires that all such messages meet certain form and content requirements. This seems simple, but as always, implementation can be complicated. This article explains the legislation and walks through some real-world scenarios to demonstrate compliance.
As Canadians become ever more vigilant about the state of the environment and insistent that offenders of environmental laws be held accountable, we have witnessed an increasing degree of government regulation intent upon protecting the environment.
Canada’s competition and foreign investment laws are now enforced with more vigour than ever -- the Blakes Competition, Antitrust & Foreign Investment Group provides practical guidance on how to get regulatory approval for mergers, strategic alliances and joint ventures in this increasingly challenging enforcement environment.
Going Public in Canada and Listing on the TSX and TSXV is intended as a summary overview of key issues only. Specific advice should be sought in connection with particular transactions.
Blake, Cassels & Graydon LLP produces regular reports and special publications on Canadian legal developments.
Our latest Doing Business in Canada guide is designed to give those interested in expanding their business an overview of Canadian law as it relates to business and investment.
Because of Canada’s federal structure, the authority to make laws and regulations is divided between the federal and provincial governments by the Canadian Constitution although, in some areas of divided authority, both federal and provincial laws may apply.
The law is stated as of September 1, 2014
Canada continues to be the world’s leading capital market for natural resource companies. During 2009, mining companies listed on the Toronto Stock Exchange (the “TSX”), Canada’s senior market, or on the junior TSX Venture Exchange (the “TSX-V”), raised in excess over C$22 billion in equity financings. This represented about the same as the amount raised on the London Stock Exchange (“LSE”)/AIM, however 90% of the LSE/AIM figure was represented by two transactions (Rio Tinto $12.4 billion and Xstrata $7.2 billion). In addition, the oil and gas sector remained strong with TSX and TSX-V listed companies raising over C$9.2 billion in 2009. Notwithstanding the “challenging” first five months of 2010, TSX and TSX-V listed mining companies raised over C$6.2 billion and oil and gas companies C$4.3 billion.
The sixth annual Blakes Canadian Public M&A Deal Study focuses on some recurring and emerging issues in the structuring and negotiation of Target-supported public company acquisitions in Canada. The topics covered in the Study range from overall transaction structure and timing, such as the strategic review process and alternatives for dealing with management and significant shareholders, to specific contractual provisions, such as material adverse effect clauses, break and reciprocal break fees and non-solicitation provisions.
Blakes Regulatory and Litigation & Dispute Resolution Groups discuss the implications of the CCPSA for manufacturers, importers, distributors and retailers. Topics include:
An overview of the legislation
Incident reporting
Record-keeping
Recall obligations
Litigation risks, including class actions, confidentiality issues, danger to human health or safety, and the precautionary principle
Going Public in Canada and Listing on the TSX and TSXV is intended as a summary overview of key issues only. Specific advice should be sought in connection with particular transactions.
Blake, Cassels & Graydon LLP produces regular reports and special publications on Canadian legal developments. For further information about these reports and publications, please contact Carolynn MacKinnon in our Toronto office by telephone at 416-863-2660 or by email at carolynn.mackinnon@blakes.com.
In this presentation, members of our technology law practice will touch briefly on a variety of recent legal issues and changes that we expect will have an impact on doing business in Quebec and in Canada in the next few months, including copyright reform, anti-spam legislation, domain names, privacy, lawful access, online contracting and the impact of the Hurt Locker case.
Oil sands are composed primarily of sand, bitumen, mineral-rich clays and water. Bitumen, in its raw state, is a heavy, viscous, crude oil. According to the Alberta government, Alberta's oil sands have 170.4 billion barrels of proven reversible reserves. These reserves are the second-highest source of proven crude oil reserves in the world, second only to Saudi Arabia.
This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues in the provinces of Alberta and British Columbia. Because of Canada’s federal structure, the authority to make laws and regulations is divided between the federal and provincial governments by the Canadian Constitution although, in some areas of divided authority, both federal and provincial laws may apply.
Environmental issues arise frequently on construction projects in Alberta. These issues can be complex and can result in regulatory investigations, litigation or significant unwanted publicity for project owners. This seminar by the Blakes Environmental Group will provide an overview of this rapidly changing area of the law and a discussion of best practices.
A survey conducted in fall 2013 of members of the Marcellus Shale Safe Drilling Advisory Commission members on their reaction to the draft "best practices" document produced by the commission. The survey was meant to pinpoint areas of disagreement for future discussion at Commission meetings. The responses show members to be careful, considerate, and deliberative about shale drilling. It also shows they are in favor of it and believe it can move forward with certain safeguards in place.
Department of the Interior Preliminary Regulatory Reform PlanObama White House
When President Obama unveiled his plan to create a 21st-century regulatory system that protects the health and safety of Americans in a cost-effective way, he called for an unprecedented government-wide review of rules already on the books. As a result of that review, the Department of the Interior has identified initiatives to reduce burdens and save money. Read the agency plan and share your comments, feedback and questions.
Visit WhiteHouse.gov/RegulatoryReform to view all the plans and learn more.
New rules for hydraulic fracturing from the Maryland Dept. of Environment. The rules are supposedly the strictest in the nation. A quick review shows that with features like a 2,000 foot setback from private water wells, there will be very little, if any, fracking in Maryland.
Going Public in Canada and Listing on the TSX and TSXV is intended as a summary overview of key issues only. Specific advice should be sought in connection with particular transactions.
Blake, Cassels & Graydon LLP produces regular reports and special publications on Canadian legal developments.
Our latest Doing Business in Canada guide is designed to give those interested in expanding their business an overview of Canadian law as it relates to business and investment.
Because of Canada’s federal structure, the authority to make laws and regulations is divided between the federal and provincial governments by the Canadian Constitution although, in some areas of divided authority, both federal and provincial laws may apply.
The law is stated as of September 1, 2014
Canada continues to be the world’s leading capital market for natural resource companies. During 2009, mining companies listed on the Toronto Stock Exchange (the “TSX”), Canada’s senior market, or on the junior TSX Venture Exchange (the “TSX-V”), raised in excess over C$22 billion in equity financings. This represented about the same as the amount raised on the London Stock Exchange (“LSE”)/AIM, however 90% of the LSE/AIM figure was represented by two transactions (Rio Tinto $12.4 billion and Xstrata $7.2 billion). In addition, the oil and gas sector remained strong with TSX and TSX-V listed companies raising over C$9.2 billion in 2009. Notwithstanding the “challenging” first five months of 2010, TSX and TSX-V listed mining companies raised over C$6.2 billion and oil and gas companies C$4.3 billion.
The sixth annual Blakes Canadian Public M&A Deal Study focuses on some recurring and emerging issues in the structuring and negotiation of Target-supported public company acquisitions in Canada. The topics covered in the Study range from overall transaction structure and timing, such as the strategic review process and alternatives for dealing with management and significant shareholders, to specific contractual provisions, such as material adverse effect clauses, break and reciprocal break fees and non-solicitation provisions.
Blakes Regulatory and Litigation & Dispute Resolution Groups discuss the implications of the CCPSA for manufacturers, importers, distributors and retailers. Topics include:
An overview of the legislation
Incident reporting
Record-keeping
Recall obligations
Litigation risks, including class actions, confidentiality issues, danger to human health or safety, and the precautionary principle
Going Public in Canada and Listing on the TSX and TSXV is intended as a summary overview of key issues only. Specific advice should be sought in connection with particular transactions.
Blake, Cassels & Graydon LLP produces regular reports and special publications on Canadian legal developments. For further information about these reports and publications, please contact Carolynn MacKinnon in our Toronto office by telephone at 416-863-2660 or by email at carolynn.mackinnon@blakes.com.
In this presentation, members of our technology law practice will touch briefly on a variety of recent legal issues and changes that we expect will have an impact on doing business in Quebec and in Canada in the next few months, including copyright reform, anti-spam legislation, domain names, privacy, lawful access, online contracting and the impact of the Hurt Locker case.
Oil sands are composed primarily of sand, bitumen, mineral-rich clays and water. Bitumen, in its raw state, is a heavy, viscous, crude oil. According to the Alberta government, Alberta's oil sands have 170.4 billion barrels of proven reversible reserves. These reserves are the second-highest source of proven crude oil reserves in the world, second only to Saudi Arabia.
This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues in the provinces of Alberta and British Columbia. Because of Canada’s federal structure, the authority to make laws and regulations is divided between the federal and provincial governments by the Canadian Constitution although, in some areas of divided authority, both federal and provincial laws may apply.
Environmental issues arise frequently on construction projects in Alberta. These issues can be complex and can result in regulatory investigations, litigation or significant unwanted publicity for project owners. This seminar by the Blakes Environmental Group will provide an overview of this rapidly changing area of the law and a discussion of best practices.
A survey conducted in fall 2013 of members of the Marcellus Shale Safe Drilling Advisory Commission members on their reaction to the draft "best practices" document produced by the commission. The survey was meant to pinpoint areas of disagreement for future discussion at Commission meetings. The responses show members to be careful, considerate, and deliberative about shale drilling. It also shows they are in favor of it and believe it can move forward with certain safeguards in place.
Department of the Interior Preliminary Regulatory Reform PlanObama White House
When President Obama unveiled his plan to create a 21st-century regulatory system that protects the health and safety of Americans in a cost-effective way, he called for an unprecedented government-wide review of rules already on the books. As a result of that review, the Department of the Interior has identified initiatives to reduce burdens and save money. Read the agency plan and share your comments, feedback and questions.
Visit WhiteHouse.gov/RegulatoryReform to view all the plans and learn more.
New rules for hydraulic fracturing from the Maryland Dept. of Environment. The rules are supposedly the strictest in the nation. A quick review shows that with features like a 2,000 foot setback from private water wells, there will be very little, if any, fracking in Maryland.
WV Study: Air Quality Impacts Occurring from Horizontal Well Drilling and Rel...Marcellus Drilling News
The West Virginia Natural Gas Horizontal Well Control Act, passed and signed into law in December 2011, directed the WV Dept. of Environment Protection (DEP) to conduct three studies. This is the third and final study on air quality. The WV DEP has recommended no new regulations based on the findings of the study.
Economic Analysis of Costs for Implementing New BLM Fracking Rules for Drilli...Marcellus Drilling News
An economic analysis of the Department of the Interior’s (DOI) Bureau of Land Management proposed hydraulic fracturing rule by John Dunham & Associates, a respected economics firm. BLM’s proposed rule will impose a cost to society of $345 million annually, with an average per well cost of $96,913. Despite the fact that the rule exceeds the $100 million threshold, BLM has not conducted a full economic assessment as required by law.
Ratemaking and Environmental Compliance PlansJohn Wolfram
Utilities make significant investments to comply with environmental regulations. This paper discusses the ratemaking considerations for utilities' Environmental Compliance Plans.
Phil Jones, PE, OC Public Works Design Division, Bruce Phillips, PE, PACE and Scott Taylor, PE, Michael Baker International present "Engineering Analysis for Urban Drainage Systems" for the Environmental Water Resources Institute of ASCE OC.
Railroad Commission of Texas - Regulations for Geologic Storage of Carbon Dio...Global CCS Institute
As a part of the Institute's strategic focus on assisting CCS projects through knowledge sharing, three North American roadshow events will help the industry share project experiences and knowledge about CCS. Taking place in the US and Canada, the three events include:
• Austin, Texas on November 8, 2011;
• Calgary, Canada on 10 November, 2011; and
• Washington, D.C. on 19 January, 2012.
The first roadshow focused on sharing project experiences and knowledge from the projects in North America but also brought in projects from Europe (Don valley) and Australia (Callide) so that regionally diverse experiences could be shared amongst a global audience.
Attendance at the event was around 30 to 35 which allowed open and frank discussions around technical, management, and regulatory issues and how these challenges can impact on a project’s advancement and decision making processes.
Similar to Overview of the Permitting Requirements for LNG Projects in British Columbia (20)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Overview of the Permitting Requirements for LNG Projects in British Columbia
1. OVERVIEW OF THE PERMITTING REQUIREMENTS
FOR LNG PROJECTS IN BRITISH COLUMBIA
2. TABLE OF CONTENTS
1. Introduction........................................................................................................................... 1
2. Review Processes................................................................................................................. 2
a. Environmental Assessment...............................................................................................................2
i. Canadian Environmental Assessment Act – Decision Statement...............................................2
ii. B.C. Environmental Assessment Act – Environmental Assessment Certificate.........................2
b. Technical Review Process of Marine Terminal Systems and Transshipment Sites........................4
3. Provincial Legislation........................................................................................................... 5
a. Oil and Gas Activities Act – Facility Permit........................................................................................5
b. Water Act – FLNRO/OGC...................................................................................................................5
c. Environmental Management Act – Ministry of Environment...........................................................6
d. Heritage Conservation Act – Oil and Gas Commission/Forest, Lands
and Natural Resource Operations......................................................................................................6
e. Public Health Act – Ministry of Health...............................................................................................7
4. Federal Legislation............................................................................................................... 7
a. Fisheries Act – Fisheries and Oceans Canada/Environment Canada...............................................7
b. Navigation Protection Act – Transport Canada..................................................................................8
c. Canadian Environmental Protection Act – Environment Canada......................................................8
d. Species at Risk Act – Environment Canada/DFO..............................................................................8
e. Railway Safety Act – Transport Canada.............................................................................................9
f. Migratory Birds Convention Act – Environment Canada...................................................................9
g. National Energy Board Act – Export Licence.....................................................................................9
5. Other Considerations........................................................................................................... 9
3.
4. 1OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
OVERVIEW OF THE PERMITTING REQUIREMENTS
FOR LNG PROJECTS IN BRITISH COLUMBIA
Introduction
The legislative regime affecting the development and operation of a liquefied natural
gas (LNG) export facility and marine terminal project in British Columbia (B.C.), includes
government approvals, licences, permits and other regulatory requirements typically
associated with such a project. While each project must be analyzed for its own specific
permitting requirements, this overview provides an outline of the major environmental
protection and non-environmental project permits, licences, etc., that are typically needed to
undertake LNG terminal construction and operation activities.1
Certain provincial and federal permits or review processes are critical to pursue early on
an LNG project’s development because they either have a long lead time or a significant
linkage to acquiring a “social licence” to proceed with the development. The set of permit
requirements that support the commencement of early works or site preparation activities
are also critical to a project’s progression.
1 This overview does not discuss upstream tenure or permitting requirements, or pipeline development.
1
5. OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA2
Review Processes
a. Environmental Assessment
An important feature of both the provincial and federal regulatory regimes is that when a legislated
environmental assessment (EA) review process applies, as is typically the case with any LNG
project, a clearly defined hierarchy of legislative authority exists. Most, if not all, project-related
permitting decisions by various federal and provincial authorities cannot precede a respective
ministerial decision on the EA of the project. This requirement is clearly stated in both provincial
and federal EA legislation.2
In each case, other regulators are prohibited from exercising authority
or issuing approvals prior to the EA determination. However, permit application activities, including
regulatory consultation, can, in some cases, occur in parallel to an EA.
Canada and B.C. both have statutory EA requirements. As a result, LNG projects may be required
to comply with the Canadian Environmental Assessment Act (CEAA) and the B.C. Environmental
Assessment Act (BCEAA). Under both regimes, EAs are proponent initiated and driven.
It may be beneficial for an LNG project to pursue an EA process that concurrently meets the
requirements for the federal CEAA and the provincial equivalent, the BCEAA. The key to this
strategy is to avoid an EA that encompasses additional associated project components, such as
pipeline and/or power, and focus on the provincial EA process as the principal venue in order to
take advantage of the regulated timelines in BCEAA and provide for efficient concurrent review at
the federal and provincial levels. Management of both federal and provincial EA requirements is
critical to the success of this strategy.
Changes made in 2012 to the CEAA support the replacement of the federal EA process with the
provincial EA process through “substitution” (i.e., one EA process and both the provincial and
federal ministers render a decision on the result), or “equivalency” (i.e., one EA process and a
provincial decision only) on request from the B.C. government. Since 2012, the federal government
has allowed several projects to proceed in B.C. through substitution.
i. Canadian Environmental Assessment Act – Decision Statement
An LNG project will require an EA under the CEAA if it includes one or more activity, such
as a marine terminal, listed in the Regulations Designating Physical Activities.3
The CEAA
assessment is potentially narrower than its provincial counterpart, as the legislation only
requires review of aspects of the environment under federal jurisdiction (such as impacts on
the marine environment, migratory birds and transboundary effects). Review of impacts on
aboriginal communities is also mandated. The CEAA also contains requirements for aboriginal
and public consultation. The end result of the CEAA process is an assessment report from the
Canadian Environmental Assessment Agency, which determines the significance of potential
impacts and makes recommendations on whether or not a project should proceed. The
decision on whether a project can proceed is made by either the Minister of Environment or
the federal Cabinet, depending on the outcome of the EA. If approved, the proponent will be
provided with a Decision Statement, which includes mandatory conditions for the project.
The CEAA process begins with an initial screening process to determine whether a federal
EA is required and whether a panel review is necessary (i.e., where the project is complex
and public interest is elevated). Once the screening is complete, the federal government
will also consider requests for “substitution” or “equivalency” from the province.
2
2 See: Sections 6 and 7 of CEAA and Sections 9 and 10 of BCEAA.
3 Chemical plants were removed from the Regulations in 2013. Thus, the LNG plant itself will not trigger an EA under CEAA.
6. 3OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
If substitution is not ordered, the EA will proceed through a series of steps similar
to those under the BCEAA. These are subject to a number of mandatory decision
points and legislated timelines.
ii. BC Environmental Assessment Act – Environmental Assessment Certificate
The BCEAA Reviewable Project Regulation requires that an EA be completed for
a project that includes a new natural-gas processing plant facility with the design
capacity to process natural gas at a rate of greater than 5.634 million m3
/day.4
Therefore, most, if not all, LNG projects proposed in B.C. will be subject to the
BCEAA. The scope of the EA review and amount of information required is in
part dependent on the complexity of the project and stakeholder (including other
regulatory agencies) level of interest. The end result of the EA is an environment
assessment certificate (EAC).
The BCEAA is overseen by the B.C. Environmental Assessment Office (EAO), a
branch of the Ministry of the Environment. The EAO manages the EA process
within regulated timeframes and has substantial authority under the legislation for
establishing the scope and activities of the process.
The figure below illustrates the BCEAA process:
Environmental Assessment Process
Project
Description
Determination that the
project is reviewable
(Section 10 Order)
Scope and
process review
determined
(Section 10 Order)
Application
information
requirements
(Section 11 Order)
PUBLIC
COMMENT
PERIOD
PUBLIC
COMMENT
PERIOD
(30 days)
Pre-Application Stage
(no timeline)
Application Review Stage
(180 days) Decision
(45 days)
Application
prepared and
submitted
Application
evaluated for
completeness
Certificate
returned
Project cannot
proceed
Certificate
issued
Project authorized
to proceed to
permitting stage
Application
review
Assessment
report
Project decision
by ministers
Further
assessment
required
WORKING GROUP REVIEW
FIRST NATIONS CONSULTATION
NOT APPROVED
APPROVED
4 Plants that have a design capacity of less than 5.634 m3/day will be reviewable if they also produce sulphur emissions ≥ two tonnes/day.
7. OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA4
The process under the BCEAA commences with a project description (PD) prepared by the
proponent and submitted to the EAO. There are several aspects of the PD that must be included
in order for the EA to proceed, and therefore, the first portion of the process is an evaluation of
completeness. The EAO will review the package and release a public notice in the form of the
issuance of a section 10 order. A Section 10 order confirms the project is reviewable under the
BCEAA and details the general conditions for the commencement of an EA. The proponent then
works with the EAO to draft the terms of reference or
application information requirements (AIR) for the EA.
A draft is developed and reviewed in consultation with
an EA working group established by the EAO. The
draft AIR is also subject to a public comment period
before it is finalized and a section 11 order is issued,
which directs the proponent to undertake the required
studies and investigations of the environmental
impacts, if any, of the LNG project.
The project proponent will then complete the
investigations and studies required in support of the
development of an EA report, referred to as the EAC
application. There are no legislated timelines for the completion of the studies, and given factors
such as seasonality issues, they can frequently take a year or more to complete. Draft versions of
the EAC application may be reviewed by the EAO and/or an EA working group and, once formally
submitted, will be evaluated for completeness for 30 days. Once accepted as complete by the
EAO, the EAC application is subject to a 180-day legislated review stage that includes both a
public comment period and feedback from the EA working group. The EAO will then generate an
assessment report that will be accompanied by its recommendations on whether or not the project
should be approved and any relevant outstanding issues or conditions that may be required.
The final stage of the EA process is a review of the EAO assessment report and recommendations,
by the provincial minister(s) involved. Over the course of 45 days, the minister(s) will decide
whether the project is approved or not, or whether further assessment is required to render an
approval. If approved, the EAC will then be issued and the project can move to the permitting stage.
In some instances, application for provincial permits can be processed concurrently with the EA.
b. Technical Review Process of Marine Terminal Systems and Transshipment Sites
The Technical Review Process of Marine Terminal Systems and Transshipment Sites
(TERMPOL) is an extensive, voluntary process focusing on vessel safety and vessel operation
in Canadian waters along proposed shipping routes to and from a proposed LNG terminal. The
TERMPOL Review Process 2001 Guidelines (Technical Publication 743) provide a framework
that can be used to determine the studies and technical information required to support the
review. Strategically, the goal for an LNG proponent in participating in the TERMPOL study is
to demonstrate the safety of LNG shipping and the functioning federal regime that governs and
monitors marine safety.
A TERMPOL review committee (TRC) will typically be established under the TERMPOL process
for an LNG project and will likely include representatives from Transport Canada Marine Safety,
Fisheries and Oceans Canada (DFO), Environment Canada, Canadian Coast Guard, Aboriginal
and Northern Development, and First Nations. Once formed, the TRC defines the scope of
study through consultation with the proponent on their proposed activities and the availability of
relevant information.
8. 5OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
Provincial Legislation
a. Oil and Gas Activities Act – Facility Permit
The OGC is responsible for overseeing oil and gas operations in B.C., including exploration,
development and reclamation. The OGC has authority to issue a permit to construct and operate
an LNG facility under the Oil and Gas Activities Act (OGAA) and related regulations.
The OGC has been delegated as the legislative authority under several provincial acts to issue a
variety of permits that may be required for an LNG project, including cutting permits for timber
harvest, Crown land tenure, and those that deal with water crossings, short-term withdrawals
and changes in and about a stream.
The former OGAA Pipeline and Liquefied Natural Gas Facility Regulation was amended in
July, 2014 and bifurcated into two separate regulations: (i) the Pipeline Regulation, which is
now limited to pipeline-related matters in British Columbia, and is distinct from the jurisdiction
and mandate of the British Columbia Utilities Commission pursuant to the provincial Utilities
Commission Act; and (ii) the Liquefied Natural Gas Facility Regulation (LNGFR).
The LNGFR governs the standards that each LNG facility permit applicant, and ultimately permit
holders, must abide by when designing, constructing, operating, maintaining, decommissioning
and reclaiming an LNG facility. In particular, an LNG facility must comply with the standards
published by the Canadian Standards Association as CSA Z276, Liquefied natural gas (LNG) –
production, storage, and handling. The LNGFR covers a wide scope of technical requirements
for LNG facilities, beginning with the LNG facility permit application process, through the
construction, operation, decommissioning and reclamation phases. Notably, the LNGFR sets
forth notice and reporting requirements for all project applicants and permit holders during
various project phases and enables the OGC to make individual facility-specific decisions based
on such reports. Further, the LNGFR sets out overarching occupational health and safety
program requirements, including emergency response planning.
Significantly, the jurisdiction of the LNGFR is limited to LNG facility sites themselves, as opposed
to upstream aspects of natural gas extraction, production and transportation.
The facility permit application includes regulated consultation and notification requirements
associated with the application for both relevant public and First Nation entities.
Concurrently with the release of the LNGFR, the OGC published the Liquefied Natural Gas
Facility Permit Application and Operations Manual (LNG Facility Manual). The LNG Facility
Manual provides an overview of the current provincial LNG scheme, as well as detailed
guidelines for the rules and procedures set forth in the LNGFR. More specifically, it covers
a range of issues relating to the life cycle of an LNG facility, from environmental matters to
shipping, water use, noise control, flaring and venting, engineering and geotechnical matters,
and site restoration post-operations, among many others.
b. Water Act – FLNRO/OGC
The B.C. Water Act requires licensing for use of surface water. Ordinarily, long-term water
licensing under the Water Act is the administrative responsibility of FLNRO. However, the
OGC administers short-term use of water by the oil and gas industry under section 8 of
3
9. OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA6
the Water Act. Currently, groundwater use does not require a licence, but this will change in
2015 when the Water Sustainability Act comes into force and the Water Act is repealed. Under
section 140 of the Water Sustainability Act, groundwater users will be required to apply for
licences, and under section 83 of the new act, the Lieutenant Governor in Council will have the
power to restrict or prohibit certain activities in relation to groundwater.
Section 9 of the Water Act and the Water Regulation requires notification or approval of
“changes in and about a stream.” Notifications are typically used for works that do not involve
any diversion of water, may be completed within a short period of time and will have minimal
impact on the environment or third parties. An approval is a written authorization for changes
in and about a stream that are of a complex nature. The OGC also administers approvals
for changes in and about a stream in respect of an oil and gas activity. Section 9 Water Act
applications for project activities often require similar information as those required under
section 35 of the federal Fisheries Act. Provisions similar to section 9 have been included in the
new Water Sustainability Act.
For LNG facilities, fresh water may be needed for water-tower cooling requirements. The water
licences will establish both volume and equipment requirements for use of surface water.
c. Environmental Management Act – Ministry of Environment
The Environmental Management Act (EMA) is the principal environmental statute in B.C.
Under the EMA, waste (which includes air emissions, effluent and refuse) cannot be released
into the environment except in accordance with a permit or a regulation. There are several
LNG project activities that could require EMA permitting. For example, dredge disposal is an
area of activity that will likely require EMA approvals from the Ministry of the Environment
(MOE), depending on the material and the location ultimately selected.
Other project activities that will likely require EMA-related permitting include:
• Wastewater discharge (including cooling water) – effluent permit under section 14
of the EMA
• Storm water management during construction and operations – requires compliance with
the Petroleum Storage and Distribution Facilities Storm Water Regulation
• Any provincial regulated material, for example, mercury removed from natural gas
feedstock in minute quantities. The collection and disposal of mercury would need to
comply with the Hazardous Waste Regulation.
Certain EMA-related permits, such as section 14 EMA permits, are administered by the OGC
in relation to oil and gas activities. Most of these decisions, whether administered by OGC or
the MOE, are subject to a public consultation period.
d. Heritage Conservation Act – Oil and Gas Commission/Forest, Lands and Natural
Resource Operations
A permit is required under the Heritage Conservation Act (HCA) for investigative work to
identify any archaeological, historical and/or paleontological resources that may be found within
the proposed areas of project activities. These permits are usually issued by the Archaeology
Branch of the Ministry of Forest, Lands and Natural Resource Operations (FLNRO). Depending
on the findings of these investigations, a letter of clearance from FLNRO confirming there are
no expected resource impacts associated with the proposed project activities or a section 12
10. 7OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
permit for proposed alterations of identified heritage site(s) would be issued. Alterations
could include various controlled activities under the supervision of qualified professionals,
such as the systematic collection of heritage materials through excavations and/or
measures that prevent any damage to or degradation of the heritage resources.
Pursuant to a protocol agreement between the Oil and Gas Commission (OGC) and FLNRO,
upon completion of archeological impact management measures or the determination that
none are required, the OGC will issue a section 12 permit under the HCA in respect of oil
and gas activities. These efforts and government review cycles can require substantial time
to complete.
e. Public Health Act – Ministry of Health
The operation of a construction camp in the course of an LNG project development is a
regulated activity under the Public Health Act (PHA). A camp operator must comply with
the requirements of the Industrial Camps Regulation to ensure potential risks to human
health are managed appropriately. Depending on the volume of wastewater associated
with the onsite sewage system required to support the industrial camp operation, a
permit pursuant to the Sewerage System Regulation may be required. If the system is
less than the threshold volume (i.e., 22,700 L/day), the regulation under the PHA will ap-
ply. If the system is over the threshold volume, a permit under the EMA is required. This
permitting process is not expected to require a significant amount of time to review or
approve, but the designers of the camp need to be in close consultation with the Health
Authority to ensure full compliance with the requirements.
The other aspect of the camp design that will likely require approval concerns the supply
of drinking water. Depending on the source of the drinking water and whether a water
system is required to be constructed, the Drinking Water Protection Act may apply.
Federal Legislation
a. Fisheries Act – Fisheries and Oceans Canada/Environment Canada
The Fisheries Act prohibits serious harm to fish that are part of a commercial, recreational
or aboriginal fishery, or to fish that support such a fishery. Serious harm to fish includes
harm to fish habitat. The DFO interpretation of commercial,
recreational or aboriginal fishery is broad and likely captures
any fresh or salt-water bodies adjacent to proposed LNG
facilities in B.C.
An LNG proponent whose project has the potential to
result in serious harm to fish (or fish habitat) should
attempt to develop its project in a manner that will not
cause such harm, so that an authorization under the
Fisheries Act is not needed. However, if such harm
cannot be avoided or sufficiently mitigated, authorization
will be needed from the DFO under section 35(2) of the
Fisheries Act to permit such a result.
4
11. OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA8
The DFO adopted policies in late 2013 to guide it and proponents on when authorizations will
be issued and what terms are likely to be imposed.
The failure by a proponent to obtain an authorization where harm to fish or fish habitat occurs
(or to comply with one if issued) is an offence.
b. Navigation Protection Act – Transport Canada
The Navigation Protection Act (NPA) requires approval of works that are to be placed on,
over or under certain designated navigable waters, with some exceptions for minor works
that are set out in regulations. “Navigable waters” has been held by the courts to include
any “aqueous highway” that is capable of supporting a vessel of any size (including a raft or
canoe). Approvals are issued by Transport Canada and focus on impacts to navigation.
The NPA prohibits works over navigable waters that are listed in a schedule to the NPA,
which includes three oceans, 97 lakes and 62 rivers across Canada. If a work is proposed
on a Schedule 1 waterbody, a notice of proposed work must be provided to the Minister of
Transport, who will make a determination of whether the work will substantially interfere
with navigation. If the work will not substantially interfere with navigation, then no approval
is required and construction can move forward in accordance with regulations. For works
that will substantially interfere with navigation, an approval is required. Thus, only works
associated with the LNG plant that will substantially interfere with navigation on waterways
listed in the schedule, will require approvals. Furthermore, if a work is included in the
definition of a “minor work” in regulations, the work can be constructed without approval,
provided it complies with any conditions in the regulations in relation to that construction.
The NPA also prohibits dewatering of navigable waters. This prohibition applies to any
navigable water, not just those listed in the schedule. There is no approval power granted to
the minister in respect of such dewatering, although there is a power granted to the federal
Cabinet to order an exemption if it is in the public interest.
c. Canadian Environmental Protection Act – Environment Canada
Environment Canada is the permitting authority for the deliberate disposal of approved
substances at sea under the Disposal at Sea Regulations under the Canadian Environmental
Protection Act (CEPA). Approved substances include dredged material that must be moved to
keep shipping channels and harbours clear for navigation and commerce. Both the proposed
dredged materials and the receiving environment must be reviewed to ensure that the
activities do not result in significant environmental effects.
d. Species at Risk Act – Environment Canada/DFO
The Species at Risk Act (SARA) prohibits the killing, harming or harassing of species listed
as endangered or threatened, the damage and destruction of their residences, and the
destruction of critical habitat that has been identified in a recovery strategy and subject to
a protection order by the minister or the federal Cabinet. While these prohibitions do not
automatically apply to all species throughout Canada, they do apply to aquatic species and
migratory birds. The key risk to be managed for LNG projects will likely be with respect to
marine species, in particular marine mammals that may be impacted by shipping activities.
While SARA does contain provisions for permitting, the conditions for their issuance are
such that they are highly unlikely to be available for LNG-related activities. Therefore,
project planning must include measures to avoid the prohibited impacts and must take any
12. 9OVERVIEW OF THE PERMITTING REQUIREMENTS FOR LNG PROJECTS IN BRITISH COLUMBIA
recovery strategies into account. Furthermore, SARA mandates specific consideration
and planning for all listed species when an EA under CEAA is conducted, regardless of
whether any prohibitions apply.
e. Railway Safety Act – Transport Canada
Construction of or modifications to railways (e.g., constructing or modifying a siding) to
an LNG project site may require approvals. Obtaining Transport Canada approvals can
often be a lengthy process.
f. Migratory Birds Convention Act – Environment Canada
The Migratory Birds Convention Act (MBCA) and associated regulations set out the legal
requirements for the protection of migratory birds and their nests. Of particular note,
“incidental” impacts on migratory birds’ nests and their eggs are prohibited, and there is
no permitting regime to allow such activity.
Environment Canada provides technical information and key breeding dates as guidelines
to help proponents determine the periods when the risk of destroying a migratory bird nest
or egg, or otherwise contravening the MBCA and regulations is particularly high. Specifics
of the timing and extent of the proposed activities, and the migratory bird species and
their expected use of the project site, need to be taken into account in construction
schedules. Appropriate measures need to be decided on a case-by-case basis, and it is the
responsibility of those in charge of the project to determine these measures.
g. National Energy Board Act – Export Licence
The export of natural gas from Canada requires an export licence issued pursuant to
the National Energy Board Act, which is administered by the National Energy Board
(NEB). The NEB can only issue such a licence for an LNG project if it is satisfied there is
sufficient gas to meet domestic needs.
Other Considerations
A number of other regulatory requirements must be considered. They include, but are not
limited to:
• Early Works/Construction – Typically, project activities will require permits or
approval from the municipality within which the project is situated. Municipalities
derive their authority from the provincial Local Government Act. Examples of municipal
regulatory requirements include permits for land use or development, building permits,
occupancy permits, dust control, noise management and storm water management.
The responsibility for acquiring these permits may be delegated to a prime contractor
along with management of the provincial Occupational Health and Safety Regulation
requirements (discussed below).
• Logistics/Transportation – Equipment and materials being delivered to a facility site via
roads or B.C. railways will need to comply with the provincial Transportation Act and the
requirements of the B.C. Commercial Vehicle Safety and Enforcement (CVSE) agency.
Marine transportation will be subject to all of the federal legislation and international
guidelines for shipping administered by Transport Canada and the Canadian Coast Guard.
5
13. For further information, please contact:
Janice H.Walton
Counsel | Vancouver
janice.walton@blakes.com
+1-604-631-3354
Tony Crossman
Partner | Vancouver
tony.crossman@blakes.com
+1-604-631-3333
Katie Jamieson
Associate | Vancouver
katie.jamieson@blakes.com
+1-604-631-3374
Lars Olthafer
Partner | Calgary
lars.olthafer@blakes.com
+1-403-260-9633
Duff Harper
Partner | Calgary
dufferin.harper@blakes.com
+1-403-260-9710
Sandy Carpenter
Partner | Calgary
sandy.carpenter@blakes.com
+1-403-260-9768
Charles Kazaz
Partner | Montréal
charles.kazaz@blakes.com
+1-514-982-4002
Jonathan Kahn
Partner | Toronto
jonathan.kahn@blakes.com
+1-416-863-3868
Transport Canada also administers the requirements under the federal
Transportation of Dangerous Goods Act. Any imported materials, equipment
or commercial goods will be subject to the federal legislation that is
operationally managed by the Border Services Agency. This includes tariffs,
duties, prohibitions, inspections, etc.
• Health and Safety – Typical requirements include construction health
and safety, workplace insurance, drug and alcohol prohibition, etc.
Requirements are defined as applicable under the Occupational Health and
Safety Regulation, the Workers Compensation Act, the Skills Development
and Labour Statutes Act, the Railway Safety Act, the Employment
Standards Act and the Safety Standards Act. Additional LNG facility-specific
health and safety requirements, specifically emergency response planning,
are also outlined under the LNGFR.
• Hazardous Substances - A management plan for toxic or hazardous substances (as identified
under CEPA or the EMA’s Hazardous Waste Regulation) is typically required. This would
generally be developed and addressed during the EA.
This guide is intended as an introductory summary. Specific advice should be sought in connection
with particular projects or transactions.