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ARTICLE · 10 JULY 2018

Exercise Of Authority By ADM Constitutionally Valid Under CEAA

Siskinds LLP
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In the case of Maloney v Garneau (2018 FC 188) the Applicant, Mr. David Maloney, sought judicial review of Aéroports de Montréal's ("ADM"), decision to develop federally-owned lands (the "Project").

CanadaEnvironment
Paula Lombardi
Paula Lombardi
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In the case of Maloney v Garneau (2018 FC 188) the Applicant, Mr. David Maloney, sought judicial review of Aéroports de Montréal's ("ADM"), decision to develop federally-owned lands (the "Project"). The Applicant challenged the constitutionality of section 67 of the Canadian Environmental Assessment Act, 2012 ("CEAA"), arguing that it unlawfully delegated ministerial power to the Assistant Deputy Minister ("ADM"). Mr. Maloney asserted that the ADM's decision to proceed with the project was unreasonable and that Transport Canada ("TC") had failed to exercise its jurisdiction over federal lands.

The ADM constitutes an "authority" as contemplated by subsection 66(b) of CEAA. As an authority under subsection 66(b), the ADM was required to determine whether or not its development project on federally owned land was likely to cause significant adverse environmental effects. The ADM ultimately found that the project was not likely to cause significant adverse

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