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ARTICLE · 12 JANUARY 2024

SCC Reference Re Impact Assessment Act: A Step In The Right Direction For The Mining Industry

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On October 13, 2023, the Supreme Court of Canada (the "SCC") released its long-awaited decision related to the constitutionality of Canada's Impact Assessment Act (the "IAA")...

CanadaEnergy and Natural Resources
Ralph Cuervo-Lorens
Ralph Cuervo-Lorens
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Sasa Jarvis
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Cory Kent
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Olivia Marty
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Introduction

On October 13, 2023, the Supreme Court of Canada (the "SCC") released its long-awaited decision related to the constitutionality of Canada's Impact Assessment Act (the "IAA") and its Physical Activities Regulations (the "Regulations"). The IAA replaced the previous federal environmental assessment process, the Canadian Environmental Assessment Act, 2012, in 2019. It now serves as the legislation that sets out the process by which the federal government assesses the environmental and indigenous impacts of major projects, such as those in the natural resources and mining sector. These projects are heavily impacted by government reviews and assessments under the IAA and under several other statutes, and often at both the provincial and federal levels.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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