Canada:
Part 2: Western Canada Environmental Update
08 March 2022
Blake, Cassels & Graydon LLP
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Canada’s environment landscape is constantly changing.
Keep up-to date with legislative changes and other potential implications
Businesses must be aware of the potential pitfalls. From emissions regulations to ESG
You must be prepared to report on reporting requirements.
You can reduce risks by doing more
Below are some reminders and key updates about environmental law.
Canada West
- Remediation costs.The B.C. Court of
Appeal’s March 2021 Decision inVictory Motors v.
Super SaveCase law relating to the recovery of stolen property has been reversed
Legal costs incurred in remediation of contaminated areas under the
B.C.Environmental Management Act. As a consequence,
You can now recover all legal costs related to remediation. - Environmental Assessment Act.In 2019,
B.C.Environmental Assessment Act(Act),
B.C. B.C.
Nations Declaration on the Rights of Indigenous Peoples
The Act allows for Indigenous participation throughout the entire process.
EA process to try to reach consensus with affected
Before making certain decisions about Indigenous Nations
Environmental assessments. - Well LiabilityB.C. and Alberta
In 2021, Saskatchewan introduced new regulations to address this issue.
The increasing number of abandoned wells. In
Alberta,Directive 088: Licensee life-Cycle
Managementcame into effect in December 2021 requiring
Licensees must meet mandatory closure spend targets starting in
2022. Saskatchewan will also implement mandatory closing
Spend targets but not until 2023 The B.C.Dormancy
Shutdown RegulationIt was amended in December 2020
Expand the classification for dormant sites. - ESG Disclosure.The following dates are effective as of January 19, 2022:
Canadian Securities Administrators (CSA), published guidance.
Investor fund issuers on environmental, social, or other matters
Governance (ESG) Disclosure Considerations This is in response to
ESG investing is gaining popularity and has the potential to be a lucrative investment.
“greenwashing.” A fund’s ESG disclosures are made orally.
Marketing misleads investors The CSA was abolished on October 18, 2021.
Published for comments its proposed rules regarding climate-related
Disclosure for reporting issuers that are not investment funds - Clean Fuel StandardsThe federal
The government has plans to regulate the carbon intensity for fuels.
To the futureClean Fuel Standard(CFS)
The regulations that are associated with theCanadian Environmental
Protection Act. Since 2017, the CFS is in development.
Draft regulations were published in December 2020. Final regulations will be published in January 2019.
Spring 2022 regulations
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